29 U.S.C. § 178 — Injunctions during national emergency

Page 56 TITLE 29—LABOR § 176 Statutory Notes and Related Subsidiaries SHORT TITLE For short title of section 6 of Pub. L. 95–524 as the Labor Management Cooperation Act of 1978, see Short Title of 1978 Amendment note set out under section 141 of this title. CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 95–524, § 6(b), Oct. 27, 1978, 92 Stat. 2020, pro- vided that: ‘‘It is the purpose of this section [enacting this section and amending sections 173 and 186 of this title]— ‘‘(1) to improve communication between represent- atives of labor and management; ‘‘(2) to provide workers and employers with oppor- tunities to study and explore new and innovative joint approaches to achieving organizational effec- tiveness; ‘‘(3) to assist workers and employers in solving problems of mutual concern not susceptible to resolu- tion within the collective bargaining process; ‘‘(4) to study and explore ways of eliminating po- tential problems which reduce the competitiveness and inhibit the economic development of the plant, area or industry; ‘‘(5) to enhance the involvement of workers in mak- ing decisions that affect their working lives; ‘‘(6) to expand and improve working relationships between workers and managers; and ‘‘(7) to encourage free collective bargaining by es- tablishing continuing mechanisms for communica- tion between employers and their employees through Federal assistance to the formation and operation of labor management committees.’’ APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS Pub. L. 95–524, § 6(e), Oct. 27, 1978, 92 Stat. 2021, pro- vided that: ‘‘Nothing in this section or the amendments made by this section [enacting this section, amending sections 173 and 186 of this title, and enacting provi- sions set out as notes under this section] shall affect the terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after the date of enactment of this section [Oct. 27, 1978].’’ § 176. National emergencies; appointment of board of inquiry by President; report; con- tents; filing with Service Whenever in the opinion of the President of the United States, a threatened or actual strike or lockout affecting an entire industry or a sub- stantial part thereof engaged in trade, com- merce, transportation, transmission, or commu- nication among the several States or with for- eign nations, or engaged in the production of goods for commerce, will, if permitted to occur or to continue, imperil the national health or safety, he may appoint a board of inquiry to in- quire into the issues involved in the dispute and to make a written report to him within such time as he shall prescribe. Such report shall in- clude a statement of the facts with respect to the dispute, including each party’s statement of its position but shall not contain any rec- ommendations. The President shall file a copy of such report with the Service and shall make its contents available to the public. (June 23, 1947, ch. 120, title II, § 206, 61 Stat. 155.) Executive Documents EXECUTIVE ORDER NO. 11621 Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as amended by Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491, which created a Board of Inquiry to inquire into issues involved in certain labor disputes, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 177. Board of inquiry (a) Composition A board of inquiry shall be composed of a chairman and such other members as the Presi- dent shall determine, and shall have power to sit and act in any place within the United States and to conduct such hearings either in public or in private, as it may deem necessary or proper, to ascertain the facts with respect to the causes and circumstances of the dispute. (b) Compensation Members of a board of inquiry shall receive compensation at the rate of $50 for each day ac- tually spent by them in the work of the board, together with necessary travel and subsistence expenses. (c) Powers of discovery For the purpose of any hearing or inquiry con- ducted by any board appointed under this title, the provisions of sections 49 and 50 of title 15 (re- lating to the attendance of witnesses and the production of books, papers, and documents) are made applicable to the powers and duties of such board. (June 23, 1947, ch. 120, title II, § 207, 61 Stat. 155.) § 178. Injunctions during national emergency (a) Petition to district court by Attorney General on direction of President Upon receiving a report from a board of in- quiry the President may direct the Attorney General to petition any district court of the United States having jurisdiction of the parties to enjoin such strike or lock-out or the con- tinuing thereof, and if the court finds that such threatened or actual strike or lock-out— (i) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communica- tion among the several States or with foreign nations, or engaged in the production of goods for commerce; and (ii) if permitted to occur or to continue, will imperil the national health or safety, it shall have jurisdiction to enjoin any such strike or lockout, or the continuing thereof, and to make such other orders as may be appropriate. (b) Inapplicability of chapter 6 In any case, the provisions of chapter 6 of this title shall not be applicable. (c) Review of orders The order or orders of the court shall be sub- ject to review by the appropriate United States court of appeals and by the Supreme Court upon writ of certiorari or certification as provided in section 1254 of title 28. (June 23, 1947, ch. 120, title II, § 208, 61 Stat. 155; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes REFERENCES IN TEXT Chapter 6 (§ 101 et seq.) of this title, referred to in subsec. (b), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly known as the Norris-LaGuardia Act. Page 57 TITLE 29—LABOR § 183 CODIFICATION In subsec. (c), ‘‘court of appeals’’ substituted for ‘‘cir- cuit court of appeals’’ on authority of act June 25, 1948, as amended by act May 24, 1949. The words ‘‘United States’’ immediately preceding ‘‘Court of appeals’’ were inserted on authority of section 43 of Title 28, Ju- diciary and Judicial Procedure. In subsec. (c), ‘‘section 1254 of title 28’’ substituted for ‘‘sections 239 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 346 and 347)’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which en- acted Title 28, Judiciary and Judicial Procedure. § 179. Injunctions during national emergency; ad- justment efforts by parties during injunction period (a) Assistance of Service; acceptance of Service’s proposed settlement Whenever a district court has issued an order under section 178 of this title enjoining acts or practices which imperil or threaten to imperil the national health or safety, it shall be the duty of the parties to the labor dispute giving rise to such order to make every effort to adjust and settle their differences, with the assistance of the Service created by this chapter. Neither party shall be under any duty to accept, in whole or in part, any proposal of settlement made by the Service. (b) Reconvening of board of inquiry; report by board; contents; secret ballot of employees by National Labor Relations Board; certifi- cation of results to Attorney General Upon the issuance of such order, the President shall reconvene the board of inquiry which has previously reported with respect to the dispute. At the end of a sixty-day period (unless the dis- pute has been settled by that time), the board of inquiry shall report to the President the current position of the parties and the efforts which have been made for settlement, and shall in- clude a statement by each party of its position and a statement of the employer’s last offer of settlement. The President shall make such re- port available to the public. The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot of the employees of each employer involved in the dispute on the question of whether they wish to accept the final offer of settlement made by their employer as stated by him and shall certify the results thereof to the Attorney General within five days thereafter. (June 23, 1947, ch. 120, title II, § 209, 61 Stat. 155.) § 180. Discharge of injunction upon certification of results of election or settlement; report to Congress Upon the certification of the results of such ballot or upon a settlement being reached, whichever happens sooner, the Attorney General shall move the court to discharge the injunc- tion, which motion shall then be granted and the injunction discharged. When such motion is granted, the President shall submit to the Con- gress a full and comprehensive report of the pro- ceedings, including the findings of the board of inquiry and the ballot taken by the National Labor Relations Board, together with such rec- ommendations as he may see fit to make for consideration and appropriate action. (June 23, 1947, ch. 120, title II, § 210, 61 Stat. 156.) § 181. Compilation of collective bargaining agree- ments, etc.; use of data (a) For the guidance and information of inter- ested representatives of employers, employees, and the general public, the Bureau of Labor Sta- tistics of the Department of Labor shall main- tain a file of copies of all available collective bargaining agreements and other available agreements and actions thereunder settling or adjusting labor disputes. Such file shall be open to inspection under appropriate conditions pre- scribed by the Secretary of Labor, except that no specific information submitted in confidence shall be disclosed. (b) The Bureau of Labor Statistics in the De- partment of labor is authorized to furnish upon request of the Service, or employers, employees, or their representatives, all available data and factual information which may aid in the settle- ment of any labor dispute, except that no spe- cific information submitted in confidence shall be disclosed. (June 23, 1947, ch. 120, title II, § 211, 61 Stat. 156.) § 182. Exemption of Railway Labor Act from sub- chapter The provisions of this subchapter shall not be applicable with respect to any matter which is subject to the provisions of the Railway Labor Act [45 U.S.C. 151 et seq.], as amended from time to time. (June 23, 1947, ch. 120, title II, § 212, 61 Stat. 156.) Editorial Notes REFERENCES IN TEXT The Railway Labor Act, as amended, referred to in text, 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. § 183. Conciliation of labor disputes in the health care industry (a) Establishment of Boards of Inquiry; member- ship If, in the opinion of the Director of the Fed- eral Mediation and Conciliation Service, a threatened or actual strike or lockout affecting a health care institution will, if permitted to occur or to continue, substantially interrupt the delivery of health care in the locality concerned, the Director may further assist in the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 158(d) of this title (which is required by clause (3) of such section 158(d) of this title), or within 10 days after the notice under clause (B), an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the par- ties within fifteen (15) days after the establish- ment of such a Board. The written report shall contain the findings of fact together with the Board’s recommendations for settling the dis- pute, with the objective of achieving a prompt,