29 U.S.C. § 175a — Assistance to plant, area, and industry-

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.) Page 56 TITLE 29—LABOR § 176 Statutory Notes and Related Subsidiaries SHORT TITLE For short title of section 6 of Pub. L. 95–524 as the Labor Management Cooperation Act of 1978, see Short Title of 1978 Amendment note set out under section 141 of this title. CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 95–524, § 6(b), Oct. 27, 1978, 92 Stat. 2020, pro- vided that: ‘‘It is the purpose of this section [enacting this section and amending sections 173 and 186 of this title]— ‘‘(1) to improve communication between represent- atives of labor and management; ‘‘(2) to provide workers and employers with oppor- tunities to study and explore new and innovative joint approaches to achieving organizational effec- tiveness; ‘‘(3) to assist workers and employers in solving problems of mutual concern not susceptible to resolu- tion within the collective bargaining process; ‘‘(4) to study and explore ways of eliminating po- tential problems which reduce the competitiveness and inhibit the economic development of the plant, area or industry; ‘‘(5) to enhance the involvement of workers in mak- ing decisions that affect their working lives; ‘‘(6) to expand and improve working relationships between workers and managers; and ‘‘(7) to encourage free collective bargaining by es- tablishing continuing mechanisms for communica- tion between employers and their employees through Federal assistance to the formation and operation of labor management committees.’’ APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENTS Pub. L. 95–524, § 6(e), Oct. 27, 1978, 92 Stat. 2021, pro- vided that: ‘‘Nothing in this section or the amendments made by this section [enacting this section, amending sections 173 and 186 of this title, and enacting provi- sions set out as notes under this section] shall affect the terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after the date of enactment of this section [Oct. 27, 1978].’’ § 176. National emergencies; appointment of board of inquiry by President; report; con- tents; filing with Service Whenever in the opinion of the President of the United States, a threatened or actual strike or lockout affecting an entire industry or a sub- stantial part thereof engaged in trade, com- merce, transportation, transmission, or commu- nication among the several States or with for- eign nations, or engaged in the production of goods for commerce, will, if permitted to occur or to continue, imperil the national health or safety, he may appoint a board of inquiry to in- quire into the issues involved in the dispute and to make a written report to him within such time as he shall prescribe. Such report shall in- clude a statement of the facts with respect to the dispute, including each party’s statement of its position but shall not contain any rec- ommendations. The President shall file a copy of such report with the Service and shall make its contents available to the public. (June 23, 1947, ch. 120, title II, § 206, 61 Stat. 155.) Executive Documents EXECUTIVE ORDER NO. 11621 Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as amended by Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491, which created a Board of Inquiry to inquire into issues involved in certain labor disputes, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 177. Board of inquiry (a) Composition A board of inquiry shall be composed of a chairman and such other members as the Presi- dent shall determine, and shall have power to sit and act in any place within the United States and to conduct such hearings either in public or in private, as it may deem necessary or proper, to ascertain the facts with respect to the causes and circumstances of the dispute. (b) Compensation Members of a board of inquiry shall receive compensation at the rate of $50 for each day ac- tually spent by them in the work of the board, together with necessary travel and subsistence expenses. (c) Powers of discovery For the purpose of any hearing or inquiry con- ducted by any board appointed under this title, the provisions of sections 49 and 50 of title 15 (re- lating to the attendance of witnesses and the production of books, papers, and documents) are made applicable to the powers and duties of such board. (June 23, 1947, ch. 120, title II, § 207, 61 Stat. 155.) § 178. Injunctions during national emergency (a) Petition to district court by Attorney General on direction of President Upon receiving a report from a board of in- quiry the President may direct the Attorney General to petition any district court of the United States having jurisdiction of the parties to enjoin such strike or lock-out or the con- tinuing thereof, and if the court finds that such threatened or actual strike or lock-out— (i) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communica- tion among the several States or with foreign nations, or engaged in the production of goods for commerce; and (ii) if permitted to occur or to continue, will imperil the national health or safety, it shall have jurisdiction to enjoin any such strike or lockout, or the continuing thereof, and to make such other orders as may be appropriate. (b) Inapplicability of chapter 6 In any case, the provisions of chapter 6 of this title shall not be applicable. (c) Review of orders The order or orders of the court shall be sub- ject to review by the appropriate United States court of appeals and by the Supreme Court upon writ of certiorari or certification as provided in section 1254 of title 28. (June 23, 1947, ch. 120, title II, § 208, 61 Stat. 155; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes REFERENCES IN TEXT Chapter 6 (§ 101 et seq.) of this title, referred to in subsec. (b), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly known as the Norris-LaGuardia Act.