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.