29 U.S.C. § 160 : US Code - Section 160: Prevention of unfair labor practices

Search 29 U.S.C. § 160 : US Code - Section 160: Prevention of unfair labor practices

(a) Powers of Board generally
The Board is empowered, as hereinafter provided, to prevent any
person from engaging in any unfair labor practice (listed in
section 158 of this title) affecting commerce. This power shall not
be affected by any other means of adjustment or prevention that has
been or may be established by agreement, law, or otherwise:
Provided, That the Board is empowered by agreement with any agency
of any State or Territory to cede to such agency jurisdiction over
any cases in any industry (other than mining, manufacturing,
communications, and transportation except where predominantly local
in character) even though such cases may involve labor disputes
affecting commerce, unless the provision of the State or
Territorial statute applicable to the determination of such cases
by such agency is inconsistent with the corresponding provision of
this subchapter or has received a construction inconsistent
therewith.
(b) Complaint and notice of hearing; answer; court rules of
evidence inapplicable
Whenever it is charged that any person has engaged in or is
engaging in any such unfair labor practice, the Board, or any agent
or agency designated by the Board for such purposes, shall have
power to issue and cause to be served upon such person a complaint
stating the charges in that respect, and containing a notice of
hearing before the Board or a member thereof, or before a
designated agent or agency, at a place therein fixed, not less than
five days after the serving of said complaint: Provided, That no
complaint shall issue based upon any unfair labor practice
occurring more than six months prior to the filing of the charge
with the Board and the service of a copy thereof upon the person
against whom such charge is made, unless the person aggrieved
thereby was prevented from filing such charge by reason of service
in the armed forces, in which event the six-month period shall be
computed from the day of his discharge. Any such complaint may be
amended by the member, agent, or agency conducting the hearing or
the Board in its discretion at any time prior to the issuance of an
order based thereon. The person so complained of shall have the
right to file an answer to the original or amended complaint and to
appear in person or otherwise and give testimony at the place and
time fixed in the complaint. In the discretion of the member,
agent, or agency conducting the hearing or the Board, any other
person may be allowed to intervene in the said proceeding and to
present testimony. Any such proceeding shall, so far as
practicable, be conducted in accordance with the rules of evidence
applicable in the district courts of the United States under the
rules of civil procedure for the district courts of the United
States, adopted by the Supreme Court of the United States pursuant
to section 2072 of title 28.
(c) Reduction of testimony to writing; findings and orders of Board
The testimony taken by such member, agent, or agency or the Board
shall be reduced to writing and filed with the Board. Thereafter,
in its discretion, the Board upon notice may take further testimony
or hear argument. If upon the preponderance of the testimony taken
the Board shall be of the opinion that any person named in the
complaint has engaged in or is engaging in any such unfair labor
practice, then the Board shall state its findings of fact and shall
issue and cause to be served on such person an order requiring such
person to cease and desist from such unfair labor practice, and to
take such affirmative action including reinstatement of employees
with or without back pay, as will effectuate the policies of this
subchapter: Provided, That where an order directs reinstatement of
an employee, back pay may be required of the employer or labor
organization, as the case may be, responsible for the
discrimination suffered by him: And provided further, That in
determining whether a complaint shall issue alleging a violation of
subsection (a)(1) or (a)(2) of section 158 of this title, and in
deciding such cases, the same regulations and rules of decision
shall apply irrespective of whether or not the labor organization
affected is affiliated with a labor organization national or
international in scope. Such order may further require such person
to make reports from time to time showing the extent to which it
has complied with the order. If upon the preponderance of the
testimony taken the Board shall not be of the opinion that the
person named in the complaint has engaged in or is engaging in any
such unfair labor practice, then the Board shall state its findings
of fact and shall issue an order dismissing the said complaint. No
order of the Board shall require the reinstatement of any
individual as an employee who has been suspended or discharged, or
the payment to him of any back pay, if such individual was
suspended or discharged for cause. In case the evidence is
presented before a member of the Board, or before an administrative
law judge or judges thereof, such member, or such judge or judges
as the case may be, shall issue and cause to be served on the
parties to the proceeding a proposed report, together with a
recommended order, which shall be filed with the Board, and if no
exceptions are filed within twenty days after service thereof upon
such parties, or within such further period as the Board may
authorize, such recommended order shall become the order of the
Board and become effective as therein prescribed.
(d) Modification of findings or orders prior to filing record in
court
Until the record in a case shall have been filed in a court, as
hereinafter provided, the Board may at any time upon reasonable
notice and in such manner as it shall deem proper, modify or set
aside, in whole or in part, any finding or order made or issued by
it.
(e) Petition to court for enforcement of order; proceedings; review
of judgment
The Board shall have power to petition any court of appeals of
the United States, or if all the courts of appeals to which
application may be made are in vacation, any district court of the
United States, within any circuit or district, respectively,
wherein the unfair labor practice in question occurred or wherein
such person resides or transacts business, for the enforcement of
such order and for appropriate temporary relief or restraining
order, and shall file in the court the record in the proceedings,
as provided in section 2112 of title 28. Upon the filing of such
petition, the court shall cause notice thereof to be served upon
such person, and thereupon shall have jurisdiction of the
proceeding and of the question determined therein, and shall have
power to grant such temporary relief or restraining order as it
deems just and proper, and to make and enter a decree enforcing,
modifying and enforcing as so modified, or setting aside in whole
or in part the order of the Board. No objection that has not been
urged before the Board, its member, agent, or agency, shall be
considered by the court, unless the failure or neglect to urge such
objection shall be excused because of extraordinary circumstances.
The findings of the Board with respect to questions of fact if
supported by substantial evidence on the record considered as a
whole shall be conclusive. If either party shall apply to the court
for leave to adduce additional evidence and shall show to the
satisfaction of the court that such additional evidence is material
and that there were reasonable grounds for the failure to adduce
such evidence in the hearing before the Board, its member, agent,
or agency, the court may order such additional evidence to be taken
before the Board, its member, agent, or agency, and to be made a
part of the record. The Board may modify its findings as to the
facts, or make new findings by reason of additional evidence so
taken and filed, and it shall file such modified or new findings,
which findings with respect to questions of fact if supported by
substantial evidence on the record considered as a whole shall be
conclusive, and shall file its recommendations, if any, for the
modification or setting aside of its original order. Upon the
filing of the record with it the jurisdiction of the court shall be
exclusive and its judgment and decree shall be final, except that
the same shall be subject to review by the appropriate United
States court of appeals if application was made to the district
court as hereinabove provided, and by the Supreme Court of the
United States upon writ of certiorari or certification as provided
in section 1254 of title 28.
(f) Review of final order of Board on petition to court
Any person aggrieved by a final order of the Board granting or
denying in whole or in part the relief sought may obtain a review
of such order in any United States court of appeals in the circuit
wherein the unfair labor practice in question was alleged to have
been engaged in or wherein such person resides or transacts
business, or in the United States Court of Appeals for the District
of Columbia, by filing in such a court a written petition praying
that the order of the Board be modified or set aside. A copy of
such petition shall be forthwith transmitted by the clerk of the
court to the Board, and thereupon the aggrieved party shall file in
the court the record in the proceeding, certified by the Board, as
provided in section 2112 of title 28. Upon the filing of such
petition, the court shall proceed in the same manner as in the case
of an application by the Board under subsection (e) of this
section, and shall have the same jurisdiction to grant to the Board
such temporary relief or restraining order as it deems just and
proper, and in like manner to make and enter a decree enforcing,
modifying, and enforcing as so modified, or setting aside in whole
or in part the order of the Board; the findings of the Board with
respect to questions of fact if supported by substantial evidence
on the record considered as a whole shall in like manner be
conclusive.
(g) Institution of court proceedings as stay of Board's order
The commencement of proceedings under subsection (e) or (f) of
this section shall not, unless specifically ordered by the court,
operate as a stay of the Board's order.
(h) Jurisdiction of courts unaffected by limitations prescribed in
chapter 6 of this title
When granting appropriate temporary relief or a restraining
order, or making and entering a decree enforcing, modifying, and
enforcing as so modified or setting aside in whole or in part an
order of the Board, as provided in this section, the jurisdiction
of courts sitting in equity shall not be limited by chapter 6 of
this title.
(i) Repealed. Pub. L. 98-620, title IV, Sec. 402(31), Nov. 8, 1984,
98 Stat. 3360
(j) Injunctions
The Board shall have power, upon issuance of a complaint as
provided in subsection (b) of this section charging that any person
has engaged in or is engaging in an unfair labor practice, to
petition any United States district court, within any district
wherein the unfair labor practice in question is alleged to have
occurred or wherein such person resides or transacts business, for
appropriate temporary relief or restraining order. Upon the filing
of any such petition the court shall cause notice thereof to be
served upon such person, and thereupon shall have jurisdiction to
grant to the Board such temporary relief or restraining order as it
deems just and proper.
(k) Hearings on jurisdictional strikes
Whenever it is charged that any person has engaged in an unfair
labor practice within the meaning of paragraph (4)(D) of section
158(b) of this title, the Board is empowered and directed to hear
and determine the dispute out of which such unfair labor practice
shall have arisen, unless, within ten days after notice that such
charge has been filed, the parties to such dispute submit to the
Board satisfactory evidence that they have adjusted, or agreed upon
methods for the voluntary adjustment of, the dispute. Upon
compliance by the parties to the dispute with the decision of the
Board or upon such voluntary adjustment of the dispute, such charge
shall be dismissed.
(l) Boycotts and strikes to force recognition of uncertified labor
organizations; injunctions; notice; service of process
Whenever it is charged that any person has engaged in an unfair
labor practice within the meaning of paragraph (4)(A), (B), or (C)
of section 158(b) of this title, or section 158(e) of this title or
section 158(b)(7) of this title, the preliminary investigation of
such charge shall be made forthwith and given priority over all
other cases except cases of like character in the office where it
is filed or to which it is referred. If, after such investigation,
the officer or regional attorney to whom the matter may be referred
has reasonable cause to believe such charge is true and that a
complaint should issue, he shall, on behalf of the Board, petition
any United States district court within any district where the
unfair labor practice in question has occurred, is alleged to have
occurred, or wherein such person resides or transacts business, for
appropriate injunctive relief pending the final adjudication of the
Board with respect to such matter. Upon the filing of any such
petition the district court shall have jurisdiction to grant such
injunctive relief or temporary restraining order as it deems just
and proper, notwithstanding any other provision of law: Provided
further, That no temporary restraining order shall be issued
without notice unless a petition alleges that substantial and
irreparable injury to the charging party will be unavoidable and
such temporary restraining order shall be effective for no longer
than five days and will become void at the expiration of such
period: Provided further, That such officer or regional attorney
shall not apply for any restraining order under section 158(b)(7)
of this title if a charge against the employer under section
158(a)(2) of this title has been filed and after the preliminary
investigation, he has reasonable cause to believe that such charge
is true and that a complaint should issue. Upon filing of any such
petition the courts shall cause notice thereof to be served upon
any person involved in the charge and such person, including the
charging party, shall be given an opportunity to appear by counsel
and present any relevant testimony: Provided further, That for the
purposes of this subsection district courts shall be deemed to have
jurisdiction of a labor organization (1) in the district in which
such organization maintains its principal office, or (2) in any
district in which its duly authorized officers or agents are
engaged in promoting or protecting the interests of employee
members. The service of legal process upon such officer or agent
shall constitute service upon the labor organization and make such
organization a party to the suit. In situations where such relief
is appropriate the procedure specified herein shall apply to
charges with respect to section 158(b)(4)(D) of this title.
(m) Priority of cases
Whenever it is charged that any person has engaged in an unfair
labor practice within the meaning of subsection (a)(3) or (b)(2) of
section 158 of this title, such charge shall be given priority over
all other cases except cases of like character in the office where
it is filed or to which it is referred and cases given priority
under subsection (l) of this section.