29 U.S.C. § 173 — Functions of Service

Page 54 TITLE 29—LABOR § 173 employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 con- tains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. AMENDMENTS 1949—Subsec. (b). Act Oct. 28, 1949, substituted ‘‘Clas- sification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) requiring the Director to make an annual report in writing to Congress at the end of the fiscal year, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 171 of House Document No. 103–7. § 173. Functions of Service (a) Settlement of disputes through conciliation and mediation It shall be the duty of the Service, in order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, to assist parties to labor disputes in industries affecting commerce to settle such disputes through conciliation and mediation. (b) Intervention on motion of Service or request of parties; avoidance of mediation of minor disputes The Service may proffer its services in any labor dispute in any industry affecting com- merce, either upon its own motion or upon the request of one or more of the parties to the dis- pute, whenever in its judgment such dispute threatens to cause a substantial interruption of commerce. The Director and the Service are di- rected to avoid attempting to mediate disputes which would have only a minor effect on inter- state commerce if State or other conciliation services are available to the parties. Whenever the Service does proffer its services in any dis- pute, it shall be the duty of the Service prompt- ly to put itself in communication with the par- ties and to use its best efforts, by mediation and conciliation, to bring them to agreement. (c) Settlement of disputes by other means upon failure of conciliation If the Director is not able to bring the parties to agreement by conciliation within a reason- able time, he shall seek to induce the parties voluntarily to seek other means of settling the dispute without resort to strike, lock-out, or other coercion, including submission to the em- ployees in the bargaining unit of the employer’s last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the Director shall not be deemed a violation of any duty or obligation imposed by this chapter. (d) Use of conciliation and mediation services as last resort Final adjustment by a method agreed upon by the parties is declared to be the desirable meth- od for settlement of grievance disputes arising over the application or interpretation of an ex- isting collective-bargaining agreement. The Service is directed to make its conciliation and mediation services available in the settlement of such grievance disputes only as a last resort and in exceptional cases. (e) Encouragement and support of establishment and operation of joint labor management ac- tivities conducted by committees The Service is authorized and directed to en- courage and support the establishment and oper- ation of joint labor management activities con- ducted by plant, area, and industrywide commit- tees designed to improve labor management re- lationships, job security and organizational ef- fectiveness, in accordance with the provisions of section 175a of this title. (f) Use of alternative means of dispute resolution procedures; assignment of neutrals and arbi- trators The Service may make its services available to Federal agencies to aid in the resolution of disputes under the provisions of subchapter IV of chapter 5 of title 5. Functions performed by the Service may include assisting parties to dis- putes related to administrative programs, train- ing persons in skills and procedures employed in alternative means of dispute resolution, and fur- nishing officers and employees of the Service to act as neutrals. Only officers and employees who are qualified in accordance with section 573 of title 5 may be assigned to act as neutrals. The Service shall consult with the agency designated by, or the interagency committee designated or established by, the President under section 573 of title 5 in maintaining rosters of neutrals and arbitrators, and to adopt such procedures and rules as are necessary to carry out the services authorized in this subsection. (June 23, 1947, ch. 120, title II, § 203, 61 Stat. 153; Pub. L. 95–524, § 6(c)(1), Oct. 27, 1978, 92 Stat. 2020; Pub. L. 101–552, § 7, Nov. 15, 1990, 104 Stat. 2746; Pub. L. 102–354, § 5(b)(5), Aug. 26, 1992, 106 Stat. 946; Pub. L. 104–320, § 4(c), Oct. 19, 1996, 110 Stat. 3871.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’ meaning act June 23, 1947, ch. 120, 61 Stat. 136, known as the Labor Management Relations Act, 1947, which is classified principally to this sub- chapter and subchapters III (§ 171 et seq.) and IV (§ 185 et seq.) of this chapter. For complete classification of this act to the Code, see Tables. AMENDMENTS 1996—Subsec. (f). Pub. L. 104–320 substituted ‘‘the agency designated by, or the interagency committee designated or established by, the President under sec- tion 573 of title 5’’ for ‘‘the Administrative Conference of the United States and other agencies’’. 1992—Subsec. (f). Pub. L. 102–354 substituted ‘‘section 573’’ for ‘‘section 583’’. Page 55 TITLE 29—LABOR § 175a 1 So in original. No subsec. (b) has been enacted. 1990—Subsec. (f). Pub. L. 101–552 added subsec. (f). 1978—Subsec. (e). Pub. L. 95–524 added subsec. (e). Statutory Notes and Related Subsidiaries APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS Amendment by Pub. L. 95–524 not to affect terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after Oct. 27, 1978, see section 6(e) of Pub. L. 95–524, set out as a note under section 175a of this title. § 174. Co-equal obligations of employees, their representatives, and management to mini- mize labor disputes (a) 1 In order to prevent or minimize interrup- tions of the free flow of commerce growing out of labor disputes, employers and employees and their representatives, in any industry affecting commerce, shall— (1) exert every reasonable effort to make and maintain agreements concerning rates of pay, hours, and working conditions, including pro- vision for adequate notice of any proposed change in the terms of such agreements; (2) whenever a dispute arises over the terms or application of a collective-bargaining agreement and a conference is requested by a party or prospective party thereto, arrange promptly for such a conference to be held and endeavor in such conference to settle such dis- pute expeditiously; and (3) in case such dispute is not settled by con- ference, participate fully and promptly in such meetings as may be undertaken by the Service under this chapter for the purpose of aiding in a settlement of the dispute. (June 23, 1947, ch. 120, title II, § 204, 61 Stat. 154.) § 175. National Labor-Management Panel; cre- ation and composition; appointment, tenure, and compensation; duties (a) There is created a National Labor-Manage- ment Panel which shall be composed of twelve members appointed by the President, six of whom shall be selected from among persons out- standing in the field of management and six of whom shall be selected from among persons out- standing in the field of labor. Each member shall hold office for a term of three years, except that any member appointed to fill a vacancy oc- curring prior to the expiration of the term for which his predecessor was appointed shall be ap- pointed for the remainder of such term, and the terms of office of the members first taking of- fice shall expire, as designated by the President at the time of appointment, four at the end of the first year, four at the end of the second year, and four at the end of the third year after the date of appointment. Members of the panel, when serving on business of the panel, shall be paid compensation at the rate of $25 per day, and shall also be entitled to receive an allowance for actual and necessary travel and subsistence ex- penses while so serving away from their places of residence. (b) It shall be the duty of the panel, at the re- quest of the Director, to advise in the avoidance of industrial controversies and the manner in which mediation and voluntary adjustment shall be administered, particularly with ref- erence to controversies affecting the general welfare of the country. (June 23, 1947, ch. 120, title II, § 205, 61 Stat. 154.) § 175a. Assistance to plant, area, and industry- wide labor management committees (a) Establishment and operation of plant, area, and industrywide committees (1) The Service is authorized and directed to provide assistance in the establishment and op- eration of plant, area and industrywide labor management committees which— (A) have been organized jointly by employ- ers and labor organizations representing em- ployees in that plant, area, or industry; and (B) are established for the purpose of im- proving labor management relationships, job security, organizational effectiveness, enhanc- ing economic development or involving work- ers in decisions affecting their jobs including improving communication with respect to sub- jects of mutual interest and concern. (2) The Service is authorized and directed to enter into contracts and to make grants, where necessary or appropriate, to fulfill its respon- sibilities under this section. (b) Restrictions on grants, contracts, or other as- sistance (1) No grant may be made, no contract may be entered into and no other assistance may be pro- vided under the provisions of this section to a plant labor management committee unless the employees in that plant are represented by a labor organization and there is in effect at that plant a collective bargaining agreement. (2) No grant may be made, no contract may be entered into and no other assistance may be pro- vided under the provisions of this section to an area or industrywide labor management com- mittee unless its participants include any labor organizations certified or recognized as the rep- resentative of the employees of an employer par- ticipating in such committee. Nothing in this clause shall prohibit participation in an area or industrywide committee by an employer whose employees are not represented by a labor organi- zation. (3) No grant may be made under the provisions of this section to any labor management com- mittee which the Service finds to have as one of its purposes the discouragement of the exercise of rights contained in section 157 of this title, or the interference with collective bargaining in any plant, or industry. (c) Establishment of office The Service shall carry out the provisions of this section through an office established for that purpose. (d) Authorization of appropriations There are authorized to be appropriated to carry out the provisions of this section $10,000,000 for the fiscal year 1979, and such sums as may be necessary thereafter. (June 23, 1947, ch. 120, title II, § 205A, as added Pub. L. 95–524, § 6(c)(2), Oct. 27, 1978, 92 Stat. 2020.)