29 U.S.C. § 153 — National Labor Relations Board

Page 38 TITLE 29—LABOR § 153 1 So in original. Probably should be ‘‘persons.’’ (10) The term ‘‘National Labor Relations Board’’ means the National Labor Relations Board provided for in section 153 of this title. (11) The term ‘‘supervisor’’ means any indi- vidual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of inde- pendent judgment. (12) The term ‘‘professional employee’’ means— (a) any employee engaged in work (i) pre- dominantly intellectual and varied in char- acter as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) re- quiring knowledge of an advanced type in a field of science or learning customarily ac- quired by a prolonged course of specialized intellectual instruction and study in an in- stitution of higher learning or a hospital, as distinguished from a general academic edu- cation or from an apprenticeship or from training in the performance of routine men- tal, manual, or physical processes; or (b) any employee, who (i) has completed the courses of specialized intellectual in- struction and study described in clause (iv) of paragraph (a), and (ii) is performing re- lated work under the supervision of a profes- sional person to qualify himself to become a professional employee as defined in para- graph (a). (13) In determining whether any person is acting as an ‘‘agent’’ of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subse- quently ratified shall not be controlling. (14) The term ‘‘health care institution’’ shall include any hospital, convalescent hospital, health maintenance organization, health clin- ic, nursing home, extended care facility, or other institution devoted to the care of sick, infirm, or aged person.1 (July 5, 1935, ch. 372, § 2, 49 Stat. 450; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 137; Pub. L. 93–360, § 1(a), (b), July 26, 1974, 88 Stat. 395; Pub. L. 95–598, title III, § 319, Nov. 6, 1978, 92 Stat. 2678.) Editorial Notes REFERENCES IN TEXT The Railway Labor Act, referred to in pars. (2) and (3), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. AMENDMENTS 1978—Par. (1). Pub. L. 95–598 substituted ‘‘cases under title 11’’ for ‘‘bankruptcy’’. 1974—Par. (2). Pub. L. 93–360, § 1(a), struck out provi- sions which had excepted from definition of ‘‘em- ployer’’ corporations and associations operating hos- pitals if no part of the net earnings inured to the ben- efit of any private shareholder or individual. Par. (14). Pub. L. 93–360, § 1(b), added par. (14). 1947—Act June 23, 1947, amended section generally to redefine terms used in this subchapter and to define several new terms. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–360 effective on thirtieth day after July 26, 1974, see section 4 of Pub. L. 93–360, set out as an Effective Date note under section 169 of this title. EFFECTIVE DATE OF 1947 AMENDMENT For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. § 153. National Labor Relations Board (a) Creation, composition, appointment, and ten- ure; Chairman; removal of members The National Labor Relations Board (herein- after called the ‘‘Board’’) created by this sub- chapter prior to its amendment by the Labor Management Relations Act, 1947 [29 U.S.C. 141 et seq.], is continued as an agency of the United States, except that the Board shall consist of five instead of three members, appointed by the President by and with the advice and consent of the Senate. Of the two additional members so provided for, one shall be appointed for a term of five years and the other for a term of two years. Their successors, and the successors of the other members, shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one mem- ber to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. (b) Delegation of powers to members and re- gional directors; review and stay of actions of regional directors; quorum; seal The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. The Board is also authorized to delegate to its re- gional directors its powers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to inves- tigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under subsection (c) or (e) of section 159 of this title and certify the results thereof, except that Page 39 TITLE 29—LABOR § 154 upon the filing of a request therefor with the Board by any interested person, the Board may review any action of a regional director dele- gated to him under this paragraph, but such a review shall not, unless specifically ordered by the Board, operate as a stay of any action taken by the regional director. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, ex- cept that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. The Board shall have an official seal which shall be judicially noticed. (c) Annual reports to Congress and the President The Board shall at the close of each fiscal year make a report in writing to Congress and to the President summarizing significant case activi- ties and operations for that fiscal year. (d) General Counsel; appointment and tenure; powers and duties; vacancy There shall be a General Counsel of the Board who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel of the Board shall exercise general supervision over all attorneys employed by the Board (other than administrative law judges and legal assistants to Board members) and over the officers and em- ployees in the regional offices. He shall have final authority, on behalf of the Board, in re- spect of the investigation of charges and issuance of complaints under section 160 of this title, and in respect of the prosecution of such complaints before the Board, and shall have such other duties as the Board may prescribe or as may be provided by law. In case of a vacancy in the office of the General Counsel the Presi- dent is authorized to designate the officer or employee who shall act as General Counsel dur- ing such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the ad- journment sine die of the session of the Senate in which such nomination was submitted. (July 5, 1935, ch. 372, § 3, 49 Stat. 451; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 139; Pub. L. 86–257, title VII, §§ 701(b), 703, Sept. 14, 1959, 73 Stat. 542; Pub. L. 93–608, § 3(3), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95–251, § 3, Mar. 27, 1978, 92 Stat. 184; Pub. L. 97–375, title II, § 213, Dec. 21, 1982, 96 Stat. 1826.) Editorial Notes REFERENCES IN TEXT The Labor Management Relations Act, 1947, referred to in subsec. (a), is act June 23, 1947, ch. 120, 61 Stat. 136, which is classified principally to this chapter. For complete classification of this act to the Code, see sec- tion 141 of this title and Tables. CODIFICATION In subsec. (d), ‘‘administrative law judges’’ sub- stituted for ‘‘trial examiners’’ pursuant to section 3105 of Title 5, Government Organization and Employees, and section 3 of Pub. L. 95–251, Mar. 27, 1978, 92 Stat. 184, which is set out as a note under section 3105 of Title 5. AMENDMENTS 1982—Subsec. (c). Pub. L. 97–375 substituted ‘‘summa- rizing significant case activities and operations for that fiscal year’’ for ‘‘stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed’’. 1975—Subsec. (c). Pub. L. 93–608 struck out require- ment that report contain the names, salaries, and du- ties of all employees and officers employed or super- vised by the Board. 1959—Subsec. (b). Pub. L. 86–257, § 701(b), authorized the Board to delegate to its regional directors its pow- ers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to di- rect an election or take a secret ballot under section 159(c) or 159(e) of this title and certify the results there- of. Subsec. (d). Pub. L. 86–257, § 703, authorized the Presi- dent to designate the officer or employee who shall act as General Counsel in the case of a vacancy in the of- fice of the General Counsel. 1947—Act June 23, 1947, amended section generally by increasing membership from three to five, delegating its powers and duties to a quorum of any three mem- bers, and by appointing a General Counsel and out- lining his powers and duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Pub. L. 86–257, title VII, § 707, Sept. 14, 1959, 73 Stat. 546, provided that: ‘‘The amendments made by this title [amending this section and sections 158, 159, and 160 of this title] shall take effect sixty days after the date of the enactment of this Act [Sept. 14, 1959] and no provi- sion of this title shall be deemed to make an unfair labor practice, any act which is performed prior to such effective date which did not constitute an unfair labor practice prior thereto.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to making a re- port in writing to Congress at the close of each fiscal year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 184 of House Document No. 103–7. § 154. National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses (a) Each member of the Board and the General Counsel of the Board shall be eligible for re- appointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys, examiners, and regional directors, and such other employees as it may from time to time find necessary for the proper perform- ance of its duties. The Board may not employ any attorneys for the purpose of reviewing tran- scripts of hearings or preparing drafts of opin- ions except that any attorney employed for as- signment as a legal assistant to any Board mem- ber may for such Board member review such transcripts and prepare such drafts. No adminis- trative law judge’s report shall be reviewed, ei- ther before or after its publication, by any per- son other than a member of the Board or his legal assistant, and no administrative law judge shall advise or consult with the Board with re-