29 U.S.C. § 154 — National Labor Relations Board; eligibility

Page 39 TITLE 29—LABOR § 154 upon the filing of a request therefor with the Board by any interested person, the Board may review any action of a regional director dele- gated to him under this paragraph, but such a review shall not, unless specifically ordered by the Board, operate as a stay of any action taken by the regional director. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, ex- cept that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. The Board shall have an official seal which shall be judicially noticed. (c) Annual reports to Congress and the President The Board shall at the close of each fiscal year make a report in writing to Congress and to the President summarizing significant case activi- ties and operations for that fiscal year. (d) General Counsel; appointment and tenure; powers and duties; vacancy There shall be a General Counsel of the Board who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel of the Board shall exercise general supervision over all attorneys employed by the Board (other than administrative law judges and legal assistants to Board members) and over the officers and em- ployees in the regional offices. He shall have final authority, on behalf of the Board, in re- spect of the investigation of charges and issuance of complaints under section 160 of this title, and in respect of the prosecution of such complaints before the Board, and shall have such other duties as the Board may prescribe or as may be provided by law. In case of a vacancy in the office of the General Counsel the Presi- dent is authorized to designate the officer or employee who shall act as General Counsel dur- ing such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the ad- journment sine die of the session of the Senate in which such nomination was submitted. (July 5, 1935, ch. 372, § 3, 49 Stat. 451; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 139; Pub. L. 86–257, title VII, §§ 701(b), 703, Sept. 14, 1959, 73 Stat. 542; Pub. L. 93–608, § 3(3), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95–251, § 3, Mar. 27, 1978, 92 Stat. 184; Pub. L. 97–375, title II, § 213, Dec. 21, 1982, 96 Stat. 1826.) Editorial Notes REFERENCES IN TEXT The Labor Management Relations Act, 1947, referred to in subsec. (a), is act June 23, 1947, ch. 120, 61 Stat. 136, which is classified principally to this chapter. For complete classification of this act to the Code, see sec- tion 141 of this title and Tables. CODIFICATION In subsec. (d), ‘‘administrative law judges’’ sub- stituted for ‘‘trial examiners’’ pursuant to section 3105 of Title 5, Government 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. AMENDMENTS 1982—Subsec. (c). Pub. L. 97–375 substituted ‘‘summa- rizing significant case activities and operations for that fiscal year’’ for ‘‘stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed’’. 1975—Subsec. (c). Pub. L. 93–608 struck out require- ment that report contain the names, salaries, and du- ties of all employees and officers employed or super- vised by the Board. 1959—Subsec. (b). Pub. L. 86–257, § 701(b), authorized the Board to delegate to its regional directors its pow- ers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to di- rect an election or take a secret ballot under section 159(c) or 159(e) of this title and certify the results there- of. Subsec. (d). Pub. L. 86–257, § 703, authorized the Presi- dent to designate the officer or employee who shall act as General Counsel in the case of a vacancy in the of- fice of the General Counsel. 1947—Act June 23, 1947, amended section generally by increasing membership from three to five, delegating its powers and duties to a quorum of any three mem- bers, and by appointing a General Counsel and out- lining his powers and duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Pub. L. 86–257, title VII, § 707, Sept. 14, 1959, 73 Stat. 546, provided that: ‘‘The amendments made by this title [amending this section and sections 158, 159, and 160 of this title] shall take effect sixty days after the date of the enactment of this Act [Sept. 14, 1959] and no provi- sion of this title shall be deemed to make an unfair labor practice, any act which is performed prior to such effective date which did not constitute an unfair labor practice prior thereto.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to making a re- port in writing to Congress at the close of each fiscal year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 184 of House Document No. 103–7. § 154. National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses (a) Each member of the Board and the General Counsel of the Board shall be eligible for re- appointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys, examiners, and regional directors, and such other employees as it may from time to time find necessary for the proper perform- ance of its duties. The Board may not employ any attorneys for the purpose of reviewing tran- scripts of hearings or preparing drafts of opin- ions except that any attorney employed for as- signment as a legal assistant to any Board mem- ber may for such Board member review such transcripts and prepare such drafts. No adminis- trative law judge’s report shall be reviewed, ei- ther before or after its publication, by any per- son other than a member of the Board or his legal assistant, and no administrative law judge shall advise or consult with the Board with re- Page 40 TITLE 29—LABOR § 155 spect to exceptions taken to his findings, rul- ings, or recommendations. The Board may es- tablish or utilize such regional, local, or other agencies, and utilize such voluntary and uncom- pensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this subchapter shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation, or for economic analysis. (b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its or- ders, shall be allowed and paid on the presen- tation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose. (July 5, 1935, ch. 372, § 4, 49 Stat. 451; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 139; Pub. L. 95–251, § 3, Mar. 27, 1978, 92 Stat. 184.) Editorial Notes CODIFICATION Provisions of subsec. (a) which prescribed the basic compensation of members of the Board and the General Counsel were omitted to conform to the provisions of the Executive Schedule. See sections 5314 and 5315 of Title 5, Government Organization and Employees. In subsec. (a), ‘‘administrative law judge’s’’ and ‘‘ad- ministrative law judge’’ substituted for ‘‘trial exam- iner’s’’ and ‘‘trial examiner’’, respectively, pursuant to section 3105 of Title 5, 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. AMENDMENTS 1947—Act June 23, 1947, amended section generally by increasing Board members’ salaries from $10,000 to $12,000 per annum, by providing a salary of $12,000 per annum for the General Counsel, striking out former subsec. (b) relating to termination of ‘‘Old Board’’, and redesignating subsec. (c) relating to payment of ex- penses of Board as subsec. (b). 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. § 155. National Labor Relations Board; principal office, conducting inquiries throughout coun- try; participation in decisions or inquiries conducted by member The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place. The Board may, by one or more of its members or by such agents or agencies as it may designate, prosecute any inquiry necessary to its functions in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently par- ticipating in a decision of the Board in the same case. (July 5, 1935, ch. 372, § 5, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140.) 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. § 156. Rules and regulations The Board shall have authority from time to time to make, amend, and rescind, in the man- ner prescribed by subchapter II of chapter 5 of title 5, such rules and regulations as may be nec- essary to carry out the provisions of this sub- chapter. (July 5, 1935, ch. 372, § 6, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140.) Editorial Notes CODIFICATION ‘‘Subchapter II of chapter 5 of title 5’’ substituted in text for ‘‘the Administrative Procedure Act’’ on au- thority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1947—Act June 23, 1947, amended section generally to provide that the rules and regulations issued by the Board should be in the manner prescribed by the Ad- ministrative Procedure Act. 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. § 157. Right of employees as to organization, col- lective bargaining, etc. Employees shall have the right to self-organi- zation, to form, join, or assist labor organiza- tions, to bargain collectively through represent- atives of their own choosing, and to engage in other concerted activities for the purpose of col- lective bargaining or other mutual aid or pro- tection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor or- ganization as a condition of employment as au- thorized in section 158(a)(3) of this title. (July 5, 1935, ch. 372, § 7, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140.) Editorial Notes AMENDMENTS 1947—Act June 23, 1947, restated rights of employees to bargain collectively and inserted provision that they have right to refrain from joining in concerted activi- ties with their fellow employees. 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.