EXEMPTION OF RAILWAY LABOR ACT Section 405 contains a savings clause applicable to titles II and III with respect to persons subject to the Railway Labor Act. Title I is not included in this section since the effect of section 2 (2) of the National Labor Relations Act of 1935 defining "employer" is to provide a savings clause with respect to the Railway Labor Act as to the provisions of that title. SEPARABILITY Section 406 contains the conventional separability provision. That this Act may be cited as the "National Labor Relations Act of 1949”. TITLE I-REPEAL OF LABOR-MANAGEMENT RELATIONS ACT, 1947, AND PEENACTMENT OF NATIONAL LABOR RELATIONS ACT OF 1935 REPEAL OF LABOR-MANAGEMENT RELATIONS ACT, 1947 SEC. 101. The Labor-Management Relations Act, 1947 (Public Law Numbered 101, Eightieth Congress) is hereby repealed. REENACTMENT OF THE NATIONAL LABOR RELATIONS ACT SEC. 102. The National Labor Relations Act of 1935 (49 Stat. 449), as it existed prior to the enactment of the Labor-Management Relations Act, 1947, is hereby reenacted. MEMBERSHIP OF NATIONAL LABOR RELATIONS BOARD SEC. 103. Subsections (a) and (b) of section 3 of the National Labor Relations Act of 1935 are amended to read as follows: "SEC. 3. (a) The National Labor Relations Board (hereinafter called the 'Board') is hereby continued as an agency of the United States. The Board shall consist of five members, appointed by the President by and with the advice and consent of the Senate. The terms of office of the members of the Board in office on the date of enactment of the National Labor Relations Act of 1949 shall expire as provided by law at the time of their appointment. Members appointed after such date of enactment shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. "(b) The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, except that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. The Board shall have an official seal which shall be judicially noticed." SEC. 104. (a) Subsection (a) of section 4 of the National Labor Relations Act of 1935 is amended to read as follows: "SEC. 4. (a) Each member of the Board shall receive a salary of $17,500 a year, shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint such employees as it may from time to time find necessary for the proper performance of its duties. Any arbitrators appointed by the Board under section 9 (d) may be appointed in the manner authorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a) at per diem rates to be determined by the Board but not exceeding $100, and shall be entitled to traveling expenses as authorized by section 5 of such Act (5 U. S. C. 73b-2) for persons so employed. The Board may establish or utilize such regional, local, or other agencies and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this Act shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation (or for statistical work), where such service may be obtained from the Department of Labor." (b) Section 4 of the National Labor Relations Act of 1935 is amended by striking out subsection (b) thereof and by relettering the succeeding subsection "(b)". BAR TO CERTAIN PROCEEDINGS SEC. 105. Notwithstanding the provisions of the Act of February 25, 1871 (16 Stat. 432), neither the Board nor any court of the United States shall have jurisdiction to entertain, process, make, impose, or enforce any petition, complaint, order liability, or punishment under the National Labor Relations Act, as amended by the Labor-Management Relations Act, 1947, with respect to any act or omission occurring prior to the date of enactment of this Act, unless such petition, complaint, order, liability, or punishment could be entertained, processed, made, imposed, or enforced under the National Labor Relations Act with respect to a like act or omission occurring after the date of enactment of this Act. No complaint shall hereafter be issued by the National Labor Relations Board based upon any unfair labor practice occurring prior to August 22, 1947, unless charges with respect thereto were pending before the Board on January 1, 1949. UNJUSTIFIABLE SECONDARY BOYCOTTS AND JURISDICTIONAL DISPUTES SEC. 106 (a) Section 1 of the National Labor Relations Act of 1935 is amended by inserting after the third paragraph thereof the following new paragraph: "Experience has further demonstrated that certain unjustifiable conflicts between or among labor organizations lead to strikes and other forms of industrial strife which substantially burden or obstruct commerce, and that the failure of employers to maintain a neutral position aggravates and prolongs these conflicts. The public interest requires abatement of such industrial strife through just, peaceable, and final settlement." (b) Section 2 of the National Labor Relations Act of 1935 is amended by striking out paragraph (11) thereof and by adding two new paragraphs (11) and (12), to read as follows: "(11) The term 'secondary boycott' means a concerted refusal in the course of employment by employees of one employer to produce, manufacture, transport, distribute, or otherwise work on articles, materials, goods, or commodities because they have been or are to be manufactured, produced, or distributed by another employer. "(12) The term ‘jurisdictional dispute' means a dispute between two or more labor organizations (not established, maintained, or assisted by any employer action defined in this Act as an unfair labor practice) concerning the assignment or prospective assignment of a particular work task by an employer." (c) Section 8 of the National Labor Relations Act of 1935 is amended by inserting after the figure "8" at the beginning thereof the letter “(a)” and adding at the end of thereof a new paragraph (6) to read as follows: "(6) To refuse to assign a particular work task in accordance with an award under section 9 (d) of this Act.' (d) Section 8 of the National Labor Relations Act of 1935 is amended by adding at the end thereof a new subsection (b) to read as follows: (b) It shall be an unfair labor practice for a labor organization "(1) to cause or attempt to cause employees to engage in a secondary boycott, or a concerted work stoppage, to compel an employer to bargain with a particular labor organization as the representative of his employees if "(a) another labor organization is the certified representative of such employees within the meaning of section 9 of this Act; or "(b) the employer is required by an order of the Board to bargain with another labor organization; or "(c) the employer is currently recognizing another labor organization (not established, maintained, or assisted by any employer action defined in this Act as an unfair labor practice) and has executed a collectivebargaining agreement with such other labor organization, and a question concerning representation may not appropriately be raised under section 9 of this Act. "(2) to cause or attempt to cause employees to engage in a secondary boycott, or a concerted work stoppage, in furtherance of a jurisdictional dispute if such labor organization is seeking to compel an employer to assign a particular work task contrary to an award made under section 9 (d) of this Act." (e) Section 9 of the National Labor Relations Act of 1935 is amended by inserting between subsections (c) and (d) thereof a new subsection (d) to read as follows: "(d) Whenever a jurisdictional dispute results in or threatens to result in a concerted work stoppage, or a secondary boycott, affecting commerce, the Board may hear and determine, or appoint an arbitrator to hear and determine, the dispute, and issue an award, first affording the labor organizations involved in the dispute a reasonable opportunity to settle their controversy between or among themselves. In determining the dispute, the Board or the arbitrator, as the case may be, may consider any prior Board certification under which any such labor organization claims the right to represent employees who are or may be hired or assigned to perform the work tasks in dispute, any union charters or interunion agreements purporting to define areas of jurisdiction between or among the contending labor organizations, the decisions of any agency established by unions to consider such disputes, the past work history of the organizations involved in the dispute, and the policies of this Act. If an arbitrator is appointed to hear and determine a dispute, he shall proceed in accordance with such rules and regulations as the Board may prescribe; and his award determining the dispute shall have the same effect as an award of the Board. In any proceeding under this section, the employer whose assignment or prospective assignment of a particular work task is in controversy shall have an opportunity to be heard in any hearing conducted by the Board, or an arbitrator, as the case may be. If at any stage of the proceeding it shall appear to the Board that the dispute is in fact one concerning representation, it shall treat the case as one instituted under section 9 (c) of this Act and proceed accordingly." (f) Subsection (d) of section 9 of the National Labor Relations Act of 1935 is relettered "(e)" and, as relettered, is amended to read as follows: "(e) Whenever an order of the Board made pursuant to section 10 (c) is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section, or upon an award made in proceedings under subsection (d) of this section, and there is a petition for the enforcement or review of such order, such certification and the record of such investigation, or such award and the record of the proceedings under subsection (d) of this section, as the case may be, shall be included in the transcript of the entire record required to be filed under subsections 10 (e) or 10 (f), and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleadings, testimony, and proceedings set forth in such transcript." FREEDOM FROM RESTRICTED STATE LAWS SEC. 107. The proviso of section 8 (a) (3) of the National Labor Relations Act of 1935 is amended to read as follows: "Provided, That nothing in this Act, or in any other statute of the United States, or in any State law, shall preclude an employer engaged in commerce, or whose activities affect commerce, from making an agreement with a labor organization (not established, maintained, or assisted by any employer action defined in this Act as an unfair labor practice) to require as a condition of employment membership therein, or from paying to such labor organization, pursuant to a collective-bargaining agreement, membership obligations or sums equivalent thereto by deduction from wages or salaries, if such labor organization is the representative of the employees as provided in section 9 (a), in the appropriate collective-bargaining unit covered by such agreement when made." NOTICE OF TERMINATION OR MODIFICATION OF COLLECTIVE-BARGAINING CONTRACTS SEC. 108. Section 8 of the National Labor Relations Act of 1935 is amended by adding at the end thereof the following: "(c) It shall be an unfair labor practice for an employer or a labor organization to terminate or modify a collective-bargaining contract covering employees in an industry affecting commerce, unless the party desiring such termination or modification notifies the United States Conciliation Service of the proposed termination or modification at least thirty days prior to the expiration date of the contract, or thirty days prior to the time it is proposed to make such termination or modification, whichever is earlier.” TITLE II-MEDIATION AND ARBITRATION THE UNITED STATES CONCILIATION SERVICE SEC. 201. (a) The United States Conciliation Service is hereby reestablished in the Department of Labor; and the functions transferred to the Federal Mediation and Conciliation Service by section 202 (d) of the Labor-Management Relations Act, 1947. are hereby restored to the Secretary of Labor. The Service shall be under the direction of a Director of Conciliation (hereinafter called the "Director"), who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall receive compensation at the rate of $15,000 per annum. (b) The personnel, records, property, and unobligated balances of appropriations, allocations, or other funds of the Federal Mediation and Conciliation Service are hereby transferred to the Department of Labor. Such transfer shall not affect any proceedings pending before the Federal Mediation and Conciliation Service or any rule or regulation heretofore made by it or by the Federal Mediation and Conciliation Director. (c) The United States Conciliation Service shall be administered under the general direction and supervision of the Secretary of Labor. General policies and standards for the operation of the Service shall be formulated and promulgated by the Director cf Conciliation, with the approval of the Secretary of Labor. (d) The Secretary 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 the Classification Act of 1923, as amended, and may, without regard to the provisions of the civil-service laws and the Classification Act of 1923, as amended, appoint and fix the compensation of such conciliators, mediators, and arbitrators as may be necessary to carry out the functions of the Service. FUNCTIONS OF THE SERVICE SEC. 202. (a) The United States Conciliation Service (hereinafter called the "Service") shall assist labor and management in settling disputes through the processes of free collective bargaining. The Director shall have authority to proffer the facilities of the Service in any labor dispute in any industry affecting commerce either upon his own motion or upon the request of one or more of the parties to the dispute whenever, in his judgment, the facilities of the Service will assist the parties in settling the dispute. (b) Upon request of the parties to the dispute, the Service shall cooperate in formulating an agreement for the arbitration of the dispute, in selecting an arbitrator or arbitrators, and in making such other arrangements and in taking such other action as may be necessary. (c) The Service shall furnish to employer, employees, and other public and private agencies, information concerning the practicability and desirability of establishing suitable agencies and methods to aid in the settlement of labor disputes by mediation, conciliation, arbitration, and other peaceful means, and to promote and encourage the uses and procedures of sound collective bargaining. The Director is authorized to establish suitable procedures for cooperation with State and local mediation agencies and to enter into agreements with such State and local mediation agencies relating to the mediation of labor disputes whose effects are predominantly local in character. (d) Through conferences and such other methods as it deems appropriate, the Service shall seek to improve relations between employers and the representatives of their employees for the purpose of avoiding labor disputes and preventing such disputes as might occur from developing into stoppages of operations which might affect commerce or develop consequences injurious to the general welfare. CONDUCT OF CONCILIATION OFFICERS SEC. 203. The Director and the Service shall be impartial. They shall respect the confidence of the parties to any dispute. Commissioners of Conciliation shall not engage in arbitration while serving as Commissioners and they shall not participate in cases in which they have a pecuniary or personal interest. DUTIES OF EMPLOYERS AND EMPLOYEES SEC. 204. In order to prevent or minimize labor disputes affecting the free flow of commerce or threatening consequences injurious to the general welfare, it shall be the duty of employers and employees, and their representatives to (a) exert every reasonable effort to make and maintain collective-bargaining agreements for definite periods of time, concerning (1) rates of pay, hours, and terms and conditions of work; (2) adequate notice of desire to terminate or change such agreements; (3) abstention from strikes, lock-outs, or other acts of economic coercion in violation of such agreements; and (4) procedures for the peaceful settlement of disputes involving the interpretation or application of such agreements; (b) participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of any dispute to which they are parties. INTERPRETATION OF EXISTING AGREEMENTS SEC 205. It is the public policy of the United States that any collectivebargaining agreement in an industry affecting commerce shall provide procedures by which either party to such agreement may refer disputes growing out of the interpretation or application of the agreement to final and binding arbitration. The Service is authorized and directed to assist employers and labor organizations in (a) developing such procedures; (b) applying such procedures to individual cases, including assistance in framing the issues in dispute and the terms and conditions under which the arbitration proceeding shall be conducted, including methods for the selection of the arbitrator or arbitrators; and (c) selecting an arbitrator or arbitrators, including making available to the parties a roster of names from which the parties may choose one or more arbitrators and, if the parties so desire, designating one or more arbitrators. LABOR-MANAGEMENT ADVISORY COMMITTEES SEC. 206. (a) The Secretary of Labor shall appoint such labor-management advisory committees as he deems necessary or appropriate in the administration of this title. The membership of each such committee shall consist of equal numbers of labor and management representatives, and one or more public members. The Secretary shall designate a public member as chairman. Members of such advisory committees shall serve without compensation, but shall receive transportation, and per diem in lieu of subsistence at a rate of $25 a day, as authorized by section 5 of the Act of August 2, 1946 (5 U. S. C. 73b-2), for persons so serving. Such committees shall have authority to adopt, amend, or rescind such rules and regulations as may be necessary to the performance of their functions. (b) Such advisory committees shall advise the Secretary on questions of policy and administration affecting the work of the Service and shall perform such other functions to help in achieving the purposes of this title as the Secretary may request. TITLE III-NATIONAL EMERGENCIES DECLARATION OF NATIONAL EMERGENCY SEC. 301. Whenever the President finds that a national emergency is threatened or exists because a stoppage of work has resulted or threatens to result from a labor dispute (including the expiration of a collective-bargaining agreement) in a vital industry which affects the public interest, he shall issue a proclamation to that effect and call upon the parties to the dispute to refrain from a stoppage of work, or if such stoppage has occurred, to resume work and operations in the public interest. EMERGENCY BOARDS SEC. 302. (a) After issuing such a proclamation, the President shall promptly appoint a board to be known as an "emergency board." (b) Any emergency board appointed under this section shall promptly investigate the dispute, shall seek to induce the parties to reach a settlement of the dispute and in any event shall, within a period of time to be determined by the President but not more than twenty-five days after the issuance of the proclamation, make a report to the President, unless the time is extended by agreement of the parties, with the approval of the board. Such report shall include the findings and recommendations of the board and shall be transmitted to the parties and be made public. The Secretary of Labor shall provide for the board such stenographic, clerical, and other assistance and such facilities and services as may be necessary for the discharge of its functions. (c) After a Presidential proclamation has been issued under section 301, and until five days have elapsed after the report has been made by the board appointed |