29 U.S.C. § 164 — Construction of provisions

Page 51 TITLE 29—LABOR § 166 as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right. (July 5, 1935, ch. 372, § 13, 49 Stat. 457; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 151.) Editorial Notes AMENDMENTS 1947—Act June 23, 1947, amended section so as to pro- vide that except as specifically provided for in this sub- chapter nothing shall interfere with or diminish the right to strike and that nothing was to be construed to affect the limitations or qualifications on the right to strike, thus recognizing that the right to strike is not an unlimited and unqualified right. Statutory Notes and Related Subsidiaries 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. § 164. Construction of provisions (a) Supervisors as union members Nothing herein shall prohibit any individual employed as a supervisor from becoming or re- maining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collec- tive bargaining. (b) Agreements requiring union membership in violation of State law Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor or- ganization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law. (c) Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts (1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to subchapter II of chapter 5 of title 5, decline to assert jurisdiction over any labor dispute in- volving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not suffi- ciently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dis- pute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959. (2) Nothing in this subchapter shall be deemed to prevent or bar any agency or the courts of any State or Territory (including the Common- wealth of Puerto Rico, Guam, and the Virgin Is- lands), from assuming and asserting jurisdiction over labor disputes over which the Board de- clines, pursuant to paragraph (1) of this sub- section, to assert jurisdiction. (July 5, 1935, ch. 372, § 14, 49 Stat. 457; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 151; Pub. L. 86–257, title VII, § 701(a), Sept. 14, 1959, 73 Stat. 541.) Editorial Notes CODIFICATION In subsec. (c)(1), ‘‘subchapter II of chapter 5 of title 5’’ substituted for ‘‘the Administrative Procedure Act’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Govern- ment Organization and Employees. AMENDMENTS 1959—Subsec. (c). Pub. L. 86–257 added subsec. (c). 1947—Act June 23, 1947, amended section generally by inserting new subject matter. Section formerly referred to conflict of laws, see section 165 of this title. Statutory Notes and Related Subsidiaries 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. § 165. Conflict of laws Wherever the application of the provisions of section 272 of chapter 10 of the Act entitled ‘‘An Act to establish a uniform system of bankruptcy throughout the United States’’, approved July 1, 1898, and Acts amendatory thereof and supple- mentary thereto (U.S.C., title 11, sec. 672), con- flicts with the application of the provisions of this subchapter, this subchapter shall prevail: Provided, That in any situation where the provi- sions of this subchapter cannot be validly en- forced, the provisions of such other Acts shall remain in full force and effect. (July 5, 1935, ch. 372, § 15, 49 Stat. 457; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 151.) Editorial Notes REFERENCES IN TEXT The Act approved July 1, 1898, referred to in text, popularly known as the Bankruptcy Act, was classified generally to former Title 11, Bankruptcy, and was re- pealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which en- acted revised Title 11. AMENDMENTS 1947—Act June 23, 1947, amended section generally by inserting new subject matter which was formerly cov- ered by section 164 of this title. Section formerly re- ferred to separability provisions, see section 166 of this title. Statutory Notes and Related Subsidiaries 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. § 166. Separability If any provision of this subchapter, or the ap- plication of such provision to any person or cir- cumstances, shall be held invalid, the remainder of this subchapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.