Notes on 29 U.S.C. § 158 : US Code - Notes

Search Notes on 29 U.S.C. § 158 : US Code - Notes

(July 5, 1935, ch. 372, Sec. 8, 49 Stat. 452; June 23, 1947, ch.
120, title I, Sec. 101, 61 Stat. 140; Oct. 22, 1951, ch. 534, Sec.
1(b), 65 Stat. 601; Pub. L. 86-257, title II, Sec. 201(e), title
VII, Secs. 704(a)-(c), 705(a), Sept. 14, 1959, 73 Stat. 525, 542-
545; Pub. L. 93-360, Sec. 1(c)-(e), July 26, 1974, 88 Stat. 395,
396.)
AMENDMENTS
1974 - Subsec. (d). Pub. L. 93-360, Sec. 1(c), (d), substituted
"any notice" for "the sixty-day" and inserted ", or who engages in
any strike within the appropriate period specified in subsection
(g) of this section," in loss-of-employee-status provision and
inserted enumeration of modifications to this subsection which are
to be applied whenever the collective bargaining involves employees
of a health care institution.
Subsec. (g). Pub. L. 93-360, Sec. 1(e), added subsec. (g).
1959 - Subsec. (a)(3). Pub. L. 86-257, Sec. 201(e), struck out
"and has at the time the agreement was made or within the preceding
twelve months received from the Board a notice of compliance with
sections 159(f), (g), (h) of this title" after "such agreement when
made" in cl. (i).
Subsec. (b)(4). Pub. L. 86-257, Sec. 704(a), among other changes,
substituted "induce or encourage any individual employed by any
person engaged in commerce or in an industry affecting commerce to
engage in, a strike or a refusal in the course of his employment"
for "induce or encourage the employees of any employer to engage
in, a strike or a concerted refusal in the course of their
employment" in cl. (i), added cl. (ii), and inserted provisions
relating to agreements prohibited by subsection (e) of this section
in cl. (A), the proviso relating to primary strikes and primary
picketing in cl. (B), and the last proviso relating to publicity.
Subsec. (b)(7). Pub. L. 86-257, Sec. 704(c), added par. (7).
Subsec. (e). Pub. L. 86-257, Sec. 704(b), added subsec. (e).
Subsec. (f). Pub. L. 86-257, Sec. 705(a), added subsec. (f).
1951 - Subsec. (a)(3). Act Oct. 22, 1951, substituted "and has at
the time the agreement was made or within the preceding twelve
months received from the Board a notice of compliance with section
159(f), (g), (h) of this title, and (ii) unless following an
election held as provided in section 159(e) of this title within
one year preceding the effective date of such agreement, the Board
shall have certified that at least a majority of the employees
eligible to vote in such election have voted to rescind the
authority of such labor organization to make such an agreement:"
for "; and (ii) if, following the most recent election held as
provided in section 159(e) of this title the Board shall have
certified that at least a majority of the employees eligible to
vote in such election have voted to authorize such labor
organization to make such an agreement:".
1947 - Act June 23, 1947, amended section generally by stating
what were unfair labor practices by a union as well as by an
employer, and by inserting provisions protecting the right of free
speech for both employers and unions.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-360 effective on thirtieth day after July
26, 1974, see section 4 of Pub. L. 93-360, set out as an Effective
Date note under section 169 of this title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by sections 704(a)-(c) and 705(a) of Pub. L. 86-257
effective sixty days after Sept. 14, 1959, see section 707 of Pub.
L. 86-257, set out as a note under section 153 of this title.
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.
AGREEMENTS REQUIRING MEMBERSHIP IN A LABOR ORGANIZATION AS A
CONDITION OF EMPLOYMENT
Section 705(b) of Pub. L. 86-257 provided that: "Nothing
contained in the amendment made by subsection (a) [amending this
section] shall be construed as authorizing the execution or
application of agreements requiring membership in a labor
organization as a condition of employment in any State or Territory
in which such execution or application is prohibited by State or
Territorial Law."
UNFAIR LABOR PRACTICES PRIOR TO JUNE 23, 1947
Section 102 of title I of act June 23, 1947, provided that: "No
provision of this title [amending this subchapter] shall be deemed
to make an unfair labor practice any act which was performed prior
to the date of the enactment of this act [June 23, 1947] which did
not constitute an unfair labor practice prior thereto, and the
provisions of section 8(a)(3) and section 8(b)(2) of the National
Labor Relations Act as amended by this title [subsecs. (a)(3) and
(b)(2) of this section] shall not make an unfair labor practice the
performance of any obligation under a collective-bargaining
agreement entered into prior to the date of the enactment of this
Act [June 23, 1947], or (in the case of an agreement for a period
of not more than one year) entered into on or after such date of
enactment, but prior to the effective date of this title, if the
performance of such obligation would not have constituted an unfair
labor practice under section 8(3) [see subsec. (a)(3) of this
section] of the National Labor Relations Act prior to the effective
date of this title [sixty days after June 23, 1947] unless such
agreement was renewed or extended subsequent thereto."
(!1) So in original. Probably should be "unenforceable".