29 U.S.C. § 183 — Conciliation of labor disputes in the health

Page 57 TITLE 29—LABOR § 183 CODIFICATION In subsec. (c), ‘‘court of appeals’’ substituted for ‘‘cir- cuit court of appeals’’ on authority of act June 25, 1948, as amended by act May 24, 1949. The words ‘‘United States’’ immediately preceding ‘‘Court of appeals’’ were inserted on authority of section 43 of Title 28, Ju- diciary and Judicial Procedure. In subsec. (c), ‘‘section 1254 of title 28’’ substituted for ‘‘sections 239 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 346 and 347)’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which en- acted Title 28, Judiciary and Judicial Procedure. § 179. Injunctions during national emergency; ad- justment efforts by parties during injunction period (a) Assistance of Service; acceptance of Service’s proposed settlement Whenever a district court has issued an order under section 178 of this title enjoining acts or practices which imperil or threaten to imperil the national health or safety, it shall be the duty of the parties to the labor dispute giving rise to such order to make every effort to adjust and settle their differences, with the assistance of the Service created by this chapter. Neither party shall be under any duty to accept, in whole or in part, any proposal of settlement made by the Service. (b) Reconvening of board of inquiry; report by board; contents; secret ballot of employees by National Labor Relations Board; certifi- cation of results to Attorney General Upon the issuance of such order, the President shall reconvene the board of inquiry which has previously reported with respect to the dispute. At the end of a sixty-day period (unless the dis- pute has been settled by that time), the board of inquiry shall report to the President the current position of the parties and the efforts which have been made for settlement, and shall in- clude a statement by each party of its position and a statement of the employer’s last offer of settlement. The President shall make such re- port available to the public. The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot of the employees of each employer involved in the dispute on the question of whether they wish to accept the final offer of settlement made by their employer as stated by him and shall certify the results thereof to the Attorney General within five days thereafter. (June 23, 1947, ch. 120, title II, § 209, 61 Stat. 155.) § 180. Discharge of injunction upon certification of results of election or settlement; report to Congress Upon the certification of the results of such ballot or upon a settlement being reached, whichever happens sooner, the Attorney General shall move the court to discharge the injunc- tion, which motion shall then be granted and the injunction discharged. When such motion is granted, the President shall submit to the Con- gress a full and comprehensive report of the pro- ceedings, including the findings of the board of inquiry and the ballot taken by the National Labor Relations Board, together with such rec- ommendations as he may see fit to make for consideration and appropriate action. (June 23, 1947, ch. 120, title II, § 210, 61 Stat. 156.) § 181. Compilation of collective bargaining agree- ments, etc.; use of data (a) For the guidance and information of inter- ested representatives of employers, employees, and the general public, the Bureau of Labor Sta- tistics of the Department of Labor shall main- tain a file of copies of all available collective bargaining agreements and other available agreements and actions thereunder settling or adjusting labor disputes. Such file shall be open to inspection under appropriate conditions pre- scribed by the Secretary of Labor, except that no specific information submitted in confidence shall be disclosed. (b) The Bureau of Labor Statistics in the De- partment of labor is authorized to furnish upon request of the Service, or employers, employees, or their representatives, all available data and factual information which may aid in the settle- ment of any labor dispute, except that no spe- cific information submitted in confidence shall be disclosed. (June 23, 1947, ch. 120, title II, § 211, 61 Stat. 156.) § 182. Exemption of Railway Labor Act from sub- chapter The provisions of this subchapter shall not be applicable with respect to any matter which is subject to the provisions of the Railway Labor Act [45 U.S.C. 151 et seq.], as amended from time to time. (June 23, 1947, ch. 120, title II, § 212, 61 Stat. 156.) Editorial Notes REFERENCES IN TEXT The Railway Labor Act, as amended, referred to in text, is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. § 183. Conciliation of labor disputes in the health care industry (a) Establishment of Boards of Inquiry; member- ship If, in the opinion of the Director of the Fed- eral Mediation and Conciliation Service, a threatened or actual strike or lockout affecting a health care institution will, if permitted to occur or to continue, substantially interrupt the delivery of health care in the locality concerned, the Director may further assist in the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 158(d) of this title (which is required by clause (3) of such section 158(d) of this title), or within 10 days after the notice under clause (B), an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the par- ties within fifteen (15) days after the establish- ment of such a Board. The written report shall contain the findings of fact together with the Board’s recommendations for settling the dis- pute, with the objective of achieving a prompt, Page 58 TITLE 29—LABOR § 185 peaceful and just settlement of the dispute. Each such Board shall be composed of such num- ber of individuals as the Director may deem de- sirable. No member appointed under this section shall have any interest or involvement in the health care institutions or the employee organi- zations involved in the dispute. (b) Compensation of members of Boards of In- quiry (1) Members of any board established under this section who are otherwise employed by the Federal Government shall serve without com- pensation but shall be reimbursed for travel, subsistence, and other necessary expenses in- curred by them in carrying out its duties under this section. (2) Members of any board established under this section who are not subject to paragraph (1) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, including travel for each day they are engaged in the performance of their duties under this section and shall be enti- tled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section. (c) Maintenance of status quo After the establishment of a board under sub- section (a) of this section and for 15 days after any such board has issued its report, no change in the status quo in effect prior to the expira- tion of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial bar- gaining negotiation, except by agreement, shall be made by the parties to the controversy. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this section. (June 23, 1947, ch. 120, title II, § 213, as added Pub. L. 93–360, § 2, July 26, 1974, 88 Stat. 396.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on thirtieth day after July 26, 1974, see section 4 of Pub. L. 93–360, set out as a note under section 169 of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. SUBCHAPTER IV—LIABILITIES OF AND RE- STRICTIONS ON LABOR AND MANAGE- MENT § 185. Suits by and against labor organizations (a) Venue, amount, and citizenship Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any dis- trict court of the United States having jurisdic- tion of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties. (b) Responsibility for acts of agent; entity for purposes of suit; enforcement of money judg- ments Any labor organization which represents em- ployees in an industry affecting commerce as de- fined in this chapter and any employer whose activities affect commerce as defined in this chapter shall be bound by the acts of its agents. Any such labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor or- ganization in a district court of the United States shall be enforceable only against the or- ganization as an entity and against its assets, and shall not be enforceable against any indi- vidual member or his assets. (c) Jurisdiction For the purposes of actions and proceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organi- zation (1) in the district in which such organiza- tion maintains its principal office, or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members. (d) Service of process The service of summons, subpena, or other legal process of any court of the United States upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization. (e) Determination of question of agency For the purposes of this section, in deter- mining whether any person is acting as an ‘‘agent’’ of another person so as to make such other person responsible for his acts, the ques- tion of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling. (June 23, 1947, ch. 120, title III, § 301, 61 Stat. 156.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’ meaning act June 23, 1947, ch. 120, 61 Stat. 136, known as the Labor Management Rela- tions Act, 1947, which is classified principally to this subchapter and subchapters III (§ 171 et seq.) and IV (§ 185 et seq.) of this chapter. For complete classifica- tion of this act to the Code, see Tables. § 186. Restrictions on financial transactions (a) Payment or lending, etc., of money by em- ployer or agent to employees, representa- tives, or labor organizations It shall be unlawful for any employer or asso- ciation of employers or any person who acts as a labor relations expert, adviser, or consultant