Taft-Hartley Act Text

Full Text of the Taft Hartley Act:

TAFT-HARTLEY ACT

LABOR MANAGEMENT RELATIONS ACT

 

           Also cited LMRA; 29 U.S.C. Sec. Sec. 141-197

 

             [Title 29, Chapter 7, United States Code]

 

               short title and declaration of policy

 

  Section 1.  [Sec. 141.]  (a) This Act [chapter] may be cited as the

``Labor Management Relations Act, 1947.'' [Also known as the ``Taft-

Hartley Act.'']

  (b) Industrial strife which interferes with the normal flow of

commerce and with the full production of articles and commodities for

commerce, can be avoided or substantially minimized if employers,

employees, and labor organizations each recognize under law one

another's legitimate rights in their relations with each other, and

above all recognize under law that neither party has any right in its

relations with any other to engage in acts or practices which jeopardize

the public health, safety, or interest.

  It is the purpose and policy of this Act [chapter], in order to

promote the full flow of commerce, to prescribe the legitimate rights of

both employees and employers in their relations affecting commerce, to

provide orderly and peaceful procedures for preventing the interference

by either with the legitimate rights of the other, to protect the rights

of individual employees in their relations with labor organizations

whose activities affect commerce, to define and proscribe practices on

the part of labor and management which affect commerce and are inimical

to the general welfare, and to protect the rights of the public in

connection with labor disputes affecting commerce.

 

                      TITLE I, Amendments to

 

                   NATIONAL LABOR RELATIONS ACT

 

            29 U.S.C. Sec. Sec. 151-169 (printed above)

 

                             TITLE II

 

     [Title 29, Chapter 7, Subchapter III, United States Code]

 

 conciliation of labor disputes in industries affecting commerce;

                       national emergencies

 

  Sec. 201.  [Sec. 171. Declaration of purpose and policy]  It is the

policy of the United States that--

  (a) sound and stable industrial peace and the advancement of the

general welfare, health, and safety of the Nation and of the best

interest of employers and employees can most satisfactorily be secured

by the settlement of issues between employers and employees through the

processes of con

 

[[Page 276]]

 

ference and collective bargaining between employers and the

representatives of their employees;

  (b) the settlement of issues between employers and employees through

collective bargaining may by advanced by making available full and

adequate governmental facilities for conciliation, mediation, and

voluntary arbitration to aid and encourage employers and the

representatives of their employees to reach and maintain agreements

concerning rates of pay, hours, and working conditions, and to make all

reasonable efforts to settle their differences by mutual agreement

reached through conferences and collective bargaining or by such methods

as may be provided for in any applicable agreement for the settlement of

disputes; and

  (c) certain controversies which arise between parties to collective-

bargaining agreements may be avoided or minimized by making available

full and adequate governmental facilities for furnishing assistance to

employers and the representatives of their employees in formulating for

inclusion within such agreements provision for adequate notice of any

proposed changes in the terms of such agreements, for the final

adjustment of grievances or questions regarding the application or

interpretation of such agreements, and other provisions designed to

prevent the subsequent arising of such controversies.

  Sec. 202.  [Sec. 172.  Federal Mediation and Conciliation Service]

  (a) [Creation; appointment of Director]  There is created an

independent agency to be known as the Federal Mediation and Conciliation

Service (herein referred to as the ``Service,'' except that for sixty

days after June 23, 1947, such term shall refer to the Conciliation

Service of the Department of Labor). The Service shall be under the

direction of a Federal Mediation and Conciliation Director (hereinafter

referred to as the ``Director''), who shall be appointed by the

President by and with the advice and consent of the Senate. The Director

shall not engage in any other business, vocation, or employment.

  (b) [Appointment of officers and employees; expenditures for supplies,

facilities, and services]  The Director is authorized, subject to the

civil service laws, to appoint such clerical and other personnel as may

be necessary for the execution of the functions of the Service, and

shall fix their compensation in accordance with sections 5101 to 5115

and sections 5331 to 5338 of title 5, United States Code [chapter 51 and

subchapter III of chapter 53 of title 5], and may, without regard to the

provisions of the civil service laws, appoint such conciliators and

mediators as may be necessary to carry out the functions of the Service.

The Director is authorized to make such expenditures for supplies,

facilities, and services as he deems necessary. Such expenditures shall

be allowed and paid upon presentation of itemized vouchers therefor

approved by the Director or by any employee designated by him for that

purpose.

 

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  (c) [Principal and regional offices; delegation of authority by

Director; annual report to Congress]  The principal office of the

Service shall be in the District of Columbia, but the Director may

establish regional ofiices convenient to localities in which labor

controversies are likely to arise. The Director may by order, subject to

revocation at any time, delegate any authority and discretion conferred

upon him by this Act [chapter] to any regional director, or other

officer or employee of the Service. The Director may establish suitable

procedures for cooperation with State and local mediation agencies. The

Director shall make an annual report in writing to Congress at the end

of the fiscal year.

  (d) [Transfer of all mediation and conciliation services to Service;

effective date; pending proceedings unaffected]  All mediation and

conciliation functions of the Secretary of Labor or the United States

Conciliation Service under section 51 [repealed] of title 29, United

States Code [this title], and all functions of the United States

Conciliation Service under any other law are transferred to the Federal

Mediation and Conciliation Service, together with the personnel and

records of the United States Conciliation Service. Such transfer shall

take effect upon the sixtieth day after June 23, 1947. Such transfer

shall not affect any proceedings pending before the United States

Conciliation Service or any certification, order, rule, or regulation

theretofore made by it or by the Secretary of Labor. The Director and

the Service shall not be subject in any way to the jurisdiction or

authority of the Secretary of Labor or any official or division of the

Department of Labor.

 

                     functions of the service

 

  Sec. 203.  [Sec. 173.  Functions of Service]  (a) [Settlement of

disputes through conciliation and mediation]  It shall be the duty of

the Service, in order to prevent or minimize interruptions of the free

flow of commerce growing out of labor disputes, to assist parties to

labor disputes in industries affecting commerce to settle such disputes

through conciliation and mediation.

  (b) [Intervention on motion of Service or request of parties;

avoidance of mediation of minor disputes]  The Service may proffer its

services in any labor dispute in any industry affecting commerce, either

upon its own motion or upon the request of one or more of the parties to

the dispute, whenever in its judgment such dispute threatens to cause a

substantial interruption of commerce. The Director and the Service are

directed to avoid attempting to mediate disputes which would have only a

minor effect on interstate commerce if State or other conciliation

services are available to the parties. Whenever the Service does proffer

its services in any dispute, it shall be the duty of the Service

promptly to put itself in communication with the parties and to use its

best efforts, by mediation and conciliation, to bring them to agreement.

 

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  (c) [Settlement of disputes by other means upon failure of concilia-

tion]  If the Director is not able to bring the parties to agreement by

conciliation within a reasonable time, he shall seek to induce the

parties voluntarily to seek other means of settling the dispute without

resort to strike, lockout, or other coercion, including submission to

the employees in the bargaining unit of the employer's last offer of

settlement for approval or rejection in a secret ballot. The failure or

refusal of either party to agree to any procedure suggested by the

Director shall not be deemed a violation of any duty or obligation

imposed by this Act [chapter].

  (d) [Use of conciliation and mediation services as last resort]  Final

adjustment by a method agreed upon by the parties is declared to be the

desirable method for settlement of grievance disputes arising over the

application or interpretation of an existing collective-bargaining

agreement. The Service is directed to make its conciliation and

mediation services available in the settlement of such grievance

disputes only as a last resort and in exceptional cases.

  (e) [Encouragement and support of establishment and operation of joint

 

labor management activities conducted by committees]  The Service is

authorized and directed to encourage and support the establishment and

operation of joint labor management activities conducted by plant, area,

and industrywide committees designed to improve labor management

relationships, job security and organizational effectiveness, in

accordance with the provisions of section 205A [section 175a of this

title].

 

  [Pub. L. 95-524, Sec. 6(c)(1), Oct. 27, 1978, 92 Stat. 2020, added

subsec. (e).]

 

  (f) [Use of alternative means of dispute resolution procedures;

assignment of neutrals and arbitrators]  The Service may make its

services available to Federal agencies to aid in the resolution of

disputes under the provisions of subchapter IV of chapter 5 of title 5.

Functions performed by the Service may include assisting parties to

disputes related to administrative programs, training persons in skills

and procedures employed in alternative means of dispute resolution, and

furnishing officers and employees of the Service to act as neutrals.

Only officers and employees who are qualified in accordance with section

573 of title 5 may be assigned to act as neutrals. The Service shall

consult with the Administrative Conference of the United States and

other agencies in maintaining rosters of neutrals and arbitrators, and

to adopt such procedures and rules as are necessary to carry out the

services authorized in this subsection.

 

  [As amended Nov. 15, 1990, Pub. L. 101-552, Sec. 7, 104 Stat. 2746;

Aug. 26, 1992, Pub. L. 102-354, Sec. 5(b)(5), 106 Stat. 946.]

  [It appears that Sec. 173(f) terminated on October 1, 1995, pursuant

to a sunset provision. As of the date of this publication, it does not

appear that it was reenacted. Persons having an interest in the

application of Sec. 173(f) to proceedings commencing after October 1,

1995, should check to see whether the provision was renewed.]

 

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  Sec. 204.  [Sec. 174.  Co-equal obligations of employees, their

representatives, and management to minimize labor disputes]  (a) In

order to prevent or minimize interruptions 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

  provision 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

  dispute expeditiously; and

    (3) in case such dispute is not settled by conference, participate

  fully and promptly in such meetings as may be undertaken by the

  Service under this Act [chapter] for the purpose of aiding in a

  settlement of the dispute.

  Sec. 205.  [Sec. 175.  National Labor-Management Panel; creation and

composition; appointment, tenure, and compensation; duties]  (a) There

is created a National Labor-Management Panel which shall be composed of

twelve members appointed by the President, six of whom shall be elected

from among persons outstanding in the field of management and six of

whom shall be selected from among persons outstanding 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 occurring prior to the

expiration of the term for which his predecessor was appointed shall be

appointed for the remainder of such term, and the terms of office of the

members first taking office 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 expenses while so serving away from their places

of residence.

  (b) It shall be the duty of the panel, at the request 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 reference to controversies affecting the general

welfare of the country.

  Sec. 205A.  [Sec. 175a. Assistance to plant, area, and industrywide

labor management committees]

  (a) [Establishment and operation of plant, area, and industrywide

committees]  (1) The Service is authorized and directed to provide

assist

 

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ance in the establishment and operation of plant, area and industrywide

labor management committees which--

    (A) have been organized jointly by employers and labor organizations

  representing employees in that plant, area, or industry; and

    (B) are established for the purpose of improving labor management

  relationships, job security, organizational effectiveness, enhancing

  economic development or involving workers in decisions affecting their

  jobs including improving communication with respect to subjects 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

responsibilities under this section.

  (b) [Restrictions on grants, contracts, or other assistance]  (1) No

grant may be made, no contract may be entered into and no other

assistance may be provided 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 provided under the provisions of this section to an

area or industrywide labor management committee unless its participants

include any labor organizations certified or recognized as the

representative of the employees of an employer participating 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 organization.

  (3) No grant may be made under the provisions of this section to any

labor management committee which the Service finds to have as one of its

purposes the discouragement of the exercise of rights contained in

section 7 of the National Labor Relations Act (29 U.S.C. Sec. 157)

[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.

 

  [Pub. L. 95-524, Sec. 6(c)(2), Oct. 27, 1978, 92 Stat. 2020, added

Sec. 205A.]

 

                       national emergencies

 

  Sec. 206.  [Sec. 176. Appointment of board of inquiry by President;

report; contents; 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 substantial part thereof engaged in

trade,

 

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commerce, transportation, transmission, or communication among the

several States or with foreign 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

inquire 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

include a statement of the facts with respect to the dispute, including

each party's statement of its position but shall not contain any

recommendations. The President shall file a copy of such report with the

Service and shall make its contents available to the public.

  Sec. 207.  [Sec. 177.  Board of inquiry]

  (a) [Composition]  A board of inquiry shall be composed of a chairman

and such other members as the President 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 actually 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

conducted by any board appointed under this title [29 U.S.C.S.

Sec. Sec. 171-183], the provisions of sections 9 and 10 (relating to the

attendance of witnesses and the production of books, papers, and

documents) of the Federal Trade Commission Act of September 16 [26],

1914, as amended (U.S.C. [19], title 15, secs. 49 and 50, as amended),

are hereby made applicable to the powers and duties of such board. (June

23, 1947, ch 120 Title II, Sec. 61 Stat. 155.)

  Sec. 208.  [Sec. 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 inquiry 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 lockout or the continuing thereof, and if the court finds that

such threatened or actual strike or lockout--

    (i) affects an entire industry or a substantial part thereof engaged

  in trade, commerce, transportation, transmission, or communication

  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.

 

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  (b) [Inapplicability of chapter 6]  In any case, the provisions of

sections 101 to 115 of title 29, United States Code [chapter 6 of this

title] [known as the ``Norris-LaGuardia Act''] shall not be applicable.

  (c) [Review of orders]  The order or orders of the court shall be

subject to review by the appropriate circuit court of appeals [court of

appeals] and by the Supreme Court upon writ of certiorari or

certification as provided in sections 239 and 240 of the Judicial Code,

as amended (U.S.C., title 29, secs. 346 and 347). (June 23, 1947, ch

120, Title II Sec. 208, 61 Stat. 155.)

  Sec. 209. [Sec. 179. Injunctions during national emergency; adjustment

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

208 [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 Act [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;

certification 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 dispute 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

include a statement by each party of its position and a statement of the

employer's last offer of settlement. The President shall make such

report 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.

  Sec. 210.  [Sec. 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 injunction, which motion shall then be granted,

and the injunction discharged. When such motion is granted, the

President shall submit to the Congress a full and comprehensive report

of the proceedings, including the findings of the board of inquiry and

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