29 U.S.C. § 161 — Investigatory powers of Board

Page 49 TITLE 29—LABOR § 161 out in the Appendix to Title 28, Judiciary and Judicial Procedure. The rules of civil procedure for the district courts of the United States, referred to in subsec. (b), are set out in the Appendix to Title 28. Chapter 6 (§ 101 et seq.) of this title, referred to in subsec. (h), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly known as the Norris-LaGuardia Act. CODIFICATION In subsec. (b), ‘‘section 2072 of title 28’’ substituted for ‘‘the Act of June 19, 1934 (U.S.C., title 28, secs. 723- B, 723–C)’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. In subsec. (c), ‘‘administrative law judge or judges’’ and ‘‘such judge or judges’’ substituted for ‘‘examiner or examiners’’ and ‘‘such examiner or examiners’’, re- spectively, pursuant to section 3105 of Title 5, Govern- ment 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. In subsec. (f), ‘‘United States court of appeals’’ sub- stituted for ‘‘circuit court of appeals of the United States’’ on authority of act June 25, 1948, as amended by act May 24, 1949. As originally enacted subsecs. (j) and (l) contained references to the District Court of the United States for the District of Columbia. Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘United States District Court for the District of Columbia’’ for ‘‘District Court of the United States for the District of Columbia’’. However, the words ‘‘United States District Court for the District of Columbia’’ have now been de- leted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district’’, and sec- tion 88 of Title 28 which states that ‘‘the District of Co- lumbia constitutes one judicial district’’. AMENDMENTS 1984—Subsec. (i). Pub. L. 98–620 struck out subsec. (i) which provided for expeditious hearings on petitions. 1959—Subsec. (l). Pub. L. 86–257, § 704(d), included un- fair labor practices within the meaning of sections 158(e) and 158(b)(7) of this title, and inserted proviso prohibiting the officer or regional attorney from apply- ing for any restraining order under section 158(b)(7) of this title if a charge against the employer under sec- tion 158(a)(2) of this title has been filed and after the preliminary investigation, he has reasonable cause to believe that such charge is true and that a complaint should issue. Subsec. (m). Pub. L. 86–257, § 706, added subsec. (m). 1958—Subsec. (d). Pub. L. 85–791, § 13(a), struck out ‘‘a transcript of’’ after ‘‘until’’. Subsec. (e). Pub. L. 85–791, § 13(b), struck out ‘‘(includ- ing the United States Court of Appeals for the District of Columbia)’’ before ‘‘, or if all the courts’’, and sub- stituted ‘‘file in the court the record in the pro- ceedings, as provided in section 2112 of title 28’’ for ‘‘certify and file in the court a transcript of the entire record in the proceedings including the pleadings and testimony upon which such order was entered and the findings and order of the Board’’ in first sentence, in second sentence substituted ‘‘the filing of such peti- tion’’ for ‘‘such filing of’’ and struck out ‘‘upon the pleadings, testimony and proceedings set forth in such transcript’’ after ‘‘make and enter’’, in fifth sentence substituted ‘‘member’’ for ‘‘members’’ after ‘‘before the Board, its’’, and substituted ‘‘record’’ for ‘‘transcript’’, and in seventh sentence, substituted ‘‘Upon the filing of the record with it the’’ for ‘‘The’’, and ‘‘section 1254 of title 28’’ for ‘‘sections 346 and 347 of title 28’’. Subsec. (f). Pub. L. 85–791, § 13(c), substituted ‘‘trans- mitted by the clerk of the court to’’ for ‘‘served upon’’ and ‘‘the record in the proceeding, certified by the Board, as provided in section 2112 of title 28’’ for ‘‘a transcript of the entire record in the proceeding, cer- tified by the Board including the pleading and testi- mony upon which the order complained of was entered, and the findings and order of the Board’’ in second sen- tence, and in third sentence substituted ‘‘the filing of such petition,’’ for ‘‘such filing’’, and struck out ‘‘ex- clusive’’ before ‘‘jurisdiction’’. 1947—Act June 23, 1947, amended section generally and added subsecs. (j) to (l) which gives the Board gen- eral power to petition district court for temporary re- lief or restraining order, directs Board to hear and de- termine jurisdictional strikes, and to investigate boy- cotts and strikes to force recognition of an uncertified labor union and to petition district court for injunctive relief. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judici- ary and Judicial Procedure. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–257 effective sixty days after Sept. 14, 1959, see section 707 of Pub. L. 86–257, set out as a note under section 153 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. § 161. Investigatory powers of Board For the purpose of all hearings and investiga- tions, which, in the opinion of the Board, are necessary and proper for the exercise of the pow- ers vested in it by sections 159 and 160 of this title— (1) Documentary evidence; summoning wit- nesses and taking testimony The Board, or its duly authorized agents or agencies, shall at all reasonable times have ac- cess to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The Board, or any member there- of, shall upon application of any party to such proceedings, forthwith issue to such party sub- penas requiring the attendance and testimony of witnesses or the production of any evidence in such proceedings or investigation requested in such application. Within five days after the service of a subpena on any person requiring the production of any evidence in his posses- sion or under his control, such person may pe- tition the Board to revoke, and the Board shall revoke, such subpena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpena does not de- scribe with sufficient particularity the evi- dence whose production is required. Any mem- ber of the Board, or any agent or agency des- ignated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attend- ance of witnesses and the production of such evidence may be required from any place in Page 50 TITLE 29—LABOR § 162 the United States or any Territory or posses- sion thereof, at any designated place of hear- ing. (2) Court aid in compelling production of evi- dence and attendance of witnesses In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States courts of any Territory or possession, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have ju- risdiction to issue to such person an order re- quiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under inves- tigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (3) Repealed. Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930 (4) Process, service and return; fees of wit- nesses Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a copy thereof at the principal of- fice or place of business of the person required to be served. The verified return by the indi- vidual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered or certified and mailed or when telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and wit- nesses whose depositions are taken and the persons taking the same shall severally be en- titled to the same fees as are paid for like services in the courts of the United States. (5) Process, where served All process of any court to which application may be made under this subchapter may be served in the judicial district wherein the de- fendant or other person required to be served resides or may be found. (6) Information and assistance from depart- ments The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their pos- session relating to any matter before the Board. (July 5, 1935, ch. 372, § 11, 49 Stat. 455; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 150; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930; Pub. L. 86–507, § 1(57), June 11, 1960, as added Pub. L. 96–245, May 21, 1980, 94 Stat. 347.) Editorial Notes CODIFICATION The original text of par. (2) contained a reference to the District Court of the United States for the District of Columbia. Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘United States District Court for the District of Columbia’’ for ‘‘District Court of the United States for the District of Columbia’’. However, the words ‘‘United States District Court for the Dis- trict of Columbia’’ have now been deleted entirely as superfluous in view of section 132(a) of Title 28, Judici- ary and Judicial Procedure, which states that ‘‘There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district’’, and section 88 of Title 28 which states that ‘‘the District of Columbia con- stitutes one judicial district’’. AMENDMENTS 1980—Par. (4). Pub. L. 96–245 inserted provisions au- thorizing service by certified mail. 1970—Par. (3). Pub. L. 91–452 struck out par. (3) which related to the immunity from prosecution of any indi- vidual compelled to testify or produce evidence after claiming his privilege against self-incrimination. 1947—Act June 23, 1947, restated section with addition of provisions requiring the issuance of subpenas as a matter of course on the request of any party. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18, Crimes and Criminal Procedure. 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. § 162. Offenses and penalties Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the per- formance of duties pursuant to this subchapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. (July 5, 1935, ch. 372, § 12, 49 Stat. 456; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 151.) Editorial Notes AMENDMENTS 1947—Act June 23, 1947, reenacted section without change. 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. § 163. Right to strike preserved Nothing in this subchapter, except as specifi- cally provided for herein, shall be construed so