29 U.S.C. § 166 — Separability

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. Page 52 TITLE 29—LABOR § 167 (July 5, 1935, ch. 372, § 16, 49 Stat. 457; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 151.) Editorial Notes AMENDMENTS 1947—Act June 23, 1947, amended section generally by inserting new subject matter which was formerly cov- ered by section 165 of this title. Section formerly re- ferred to short title of chapter, see section 167 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. § 167. Short title of subchapter This subchapter may be cited as the ‘‘National Labor Relations Act’’. (July 5, 1935, ch. 372, § 17, as added June 23, 1947, ch. 120, title I, § 101, 61 Stat. 152.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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. § 168. Validation of certificates and other Board actions No petition entertained, no investigation made, no election held, and no certification issued by the National Labor Relations Board, under any of the provisions of section 159 of this title, shall be invalid by reason of the failure of the Congress of Industrial Organizations to have complied with the requirements of section 159(f), (g), or (h) of this title prior to December 22, 1949, or by reason of the failure of the American Fed- eration of Labor to have complied with the pro- visions of section 159(f), (g), or (h) of this title prior to November 7, 1947: Provided, That no li- ability shall be imposed under any provision of this chapter upon any person for failure to honor any election or certificate referred to above, prior to October 22, 1951: Provided, how- ever, That this proviso shall not have the effect of setting aside or in any way affecting judg- ments or decrees heretofore entered under sec- tion 160(e) or (f) of this title and which have be- come final. (July 5, 1935, ch. 372, § 18, as added Oct. 22, 1951, ch. 534, § 1(a), 65 Stat. 601.) Editorial Notes REFERENCES IN TEXT Section 159(f), (g), or (h) of this title, referred to in text, was repealed by Pub. L. 86–257, title II, § 201(d), 73 Stat. 525. See section 431 of this title. § 169. Employees with religious convictions; pay- ment of dues and fees Any employee who is a member of and adheres to established and traditional tenets or teach- ings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organiza- tions shall not be required to join or financially support any labor organization as a condition of employment; except that such employee may be required in a contract between such employees’ employer and a labor organization in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to a non- religious, nonlabor organization charitable fund exempt from taxation under section 501(c)(3) of title 26, chosen by such employee from a list of at least three such funds, designated in such contract or if the contract fails to designate such funds, then to any such fund chosen by the employee. If such employee who holds conscien- tious objections pursuant to this section re- quests the labor organization to use the griev- ance-arbitration procedure on the employee’s behalf, the labor organization is authorized to charge the employee for the reasonable cost of using such procedure. (July 5, 1935, ch. 372, § 19, as added Pub. L. 93–360, § 3, July 26, 1974, 88 Stat. 397; amended Pub. L. 96–593, Dec. 24, 1980, 94 Stat. 3452.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–593 inserted reference to nonlabor or- ganization and provisions respecting charges to em- ployee for use of grievance-arbitration procedure, and struck out applicability of provisions to employees of health care institutions only. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 93–360, § 4, July 26, 1974, 88 Stat. 397, provided that: ‘‘The amendments made by this Act [enacting this section and section 183 of this title and amending sections 152 and 158 of this title] shall become effective on the thirtieth day after its date of enactment [July 26, 1974].’’ SUBCHAPTER III—CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES § 171. Declaration of purpose and policy It is the policy of the United States that— (a) sound and stable industrial peace and the advancement of the general welfare, health, and safety of the Nation and of the best inter- ests of employers and employees can most sat- isfactorily be secured by the settlement of issues between employers and employees through the processes of conference and col- lective bargaining between employers and the representatives of their employees; (b) the settlement of issues between employ- ers and employees through collective bar- gaining may be advanced by making available full and adequate governmental facilities for conciliation, mediation, and voluntary arbi- tration to aid and encourage employers and the representatives of their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts to settle their differences by mutual agreement reached through conferences and collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes; and