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knowledge, actual or constructive, of the employer), or any individual formerly so employed whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice: Provided, That the term “employee” shall not include an individual who has replaced a striking employee. Wherever the term "employee" is used, it shall not be limited to mean the employee of a particular employer, but shall embrace any employee, unless the Act explicity states otherwise.
(4) The term "representatives” includes any individual or labor organization.
(5) The term “labor organization” means any organization, labor union, association, corporation, or society of any kind in which employees participate to any degree whatsoever, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, or hours of employment.
(6) The term "commerce" means trade or commerce, or any transportation or cummunication relating thereto, among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State, but through any other State or any Territory or the District of Columbia or any foreign country.
(7) The term “unfair labor practice” means any unfair labor practice listed in section 5.
(8) The term “National Labor Board" means the National Labor Board created by section 201 of this Act.
Sec. 4. Employees shall have the right to organize and join labor organizations, and to engage in concerted activities, either in labor organizations or otherwise, for the purposes of organizing and bargaining collectively through representatives of their own choosing or for other purposes of mutual aid or protection.
Sec. 5. It shall be an unfair labor practice for an employer, or anyone acting in his interest, directly or indirectly
(1) To attempt, by interference, influence, restraint, favor, coercion, or lockout, or by any other means, to impair the right of employees guaranteed in section 4.
(2) To refuse to recognize and/or deal with representatives of his employees, or to fail to exert every reasonable effort to make and maintain agreements with such representatives concerning wages, hours, and other conditions of employment.
(3) To initiate, participate in, supervise, or influence the formation, constitution, bylaws, other governing rules, operations, policies, or elections of any labor organization.
(4) To contribute financial or other material support to any labor organization by compensating anyone for services performed in behalf of any labor organization, or by any other means whatsoever.
(5) To fail to notify employees in accordance with the provisions of section 304 (b).
(6) To engage in any discriminatory practice as to wage or hour differentials, advancement, demotion, hire, tenure of employment, reinstatement, or any other condition of employment, which encourages membership or nonmembership in any labor organization: Provided, That where a contract or agreement of any kind is or shall be in force between an employer and a group of employees, the provisions of such contract or agreement regarding conditions of employment shall not, because of anything contained in this paragraph, compel an employer to observe similar conditions of employment in his relations with all his employees: Provided further, That nothing in this Act shall preclude an employer and a labor organization from agreeing that a person seeking employment shall be required, as a condition of employment, to join such labor organization, if no attempt is made to influence such labor organization by any unfair labor practice, if such labor organization is composed of at least a majority of such employers' employees, and if the said agreement does not cover a period in excess of one year,
SEC. 6. The several district courts of the United States are hereby invested with jurisdiction to prevent and restrain any unfair labor practice that burdens or affects commerce or obstructs the free flow of commerce, or has led or tends to lead to a labor dispute that might affect or burden commerce or obstruct the free flow of commerce, and it shall be the duty of the several district attorneys of the United States, but solely at the request of the National Labor Board, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain any such unfair labor practices.
TITLE II Sec. 201. There is hereby created a Board, to be known as the “National Labor Board” (hereinafter referred to as the “Board"), which shall be composed of seven members, to be appointed by the President, by and with the advice and consent of the Senate. Two of such members shall, at the time of nomination, be designated as representatives of employers, two as representatives of employees, and three as representatives of the general public. The members representing the general public shall be appointed for terms of five years each, and the other members shall be appointed for terms of one year each, and all members shall be eligible for reappointment. Any person 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 of the members representing the general public as chairman of the Board. No member representing the general public shall engage in any other business, vocation, or employment. A vacancy in the Board shall not impair the right of the remaining members to exercise all the powers of the Board.' The Board shall have an official seal, which shall be judicially noticed.
SEC. 202. (a) Each member representing the general public shall receive a salary of $10,000 a year. The other members shall each receive $25 per diem and necessary traveling and subsistence expenses when attending meetings. of the Board. The Board shall appoint and fix the compensation of an executive secretary, and it shall have authority to appoint and fix the compensation of such attorneys, special experts, examiners, mediators, clerks, and other employees, and to establish such regional or local boards, as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. The Board may make such appointments without regard to the civil service laws or the Classification Act of 1923, as amended. The Board is directed to retain the officers and employees of the National Labor Board created by the President on August 5, 1933, to the fullest extent consistent with the efficient functioning of the Board.
(b) All the expenses of the Board, including all necessary traveling expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose.
Sec. 203. The principal office of the Board shall be in the District of Columbia, but it may meet and exercise all its powers at any other place. The Board may, by one or more of its members or by such employees as it may designate, prosecute any inquiry necessary to its duties in any part of the United States. A member who participates in such an inquiry shall not be disqualified from subsequently participating in a decision of the Board in the same case.
Sec. 204. The Board may, either by itself or through its agents, offer its services to the parties to any labor dispute as conciliator or mediator in such dispute, and may act as conciliator or mediator for the parties who accept such offer.
Sec. 205. (a) The Board is empowered to prevent any person from engaging in any unfair labor practice that burdens or affects commerce or obstructs the free flow of commerce, or has led or tends to lead to a labor dispute that might burden or affect commerce or obstruct the free flow of commerce.
(b) Whenever any member of the Board, or the executive secretary, or any persoa designated for such purpose by the Board, shall have reason to believe, from information acquired from any source whatsoever, that any person has engaged in or is engaging in any such unfair labor practice, he shall in his discretion issue and cause to be served upon such person a complaint stating the general nature of the charges in that respect, and containing a notice of hearing before either an examiner or the Board at a place therein fixed, not less than twenty-four hours after the service of said complaint, but the examiner or the Board shall have discretion to continue or adjourn such hearing from time to time. Any such complaint may be amended by any member of the Board or by any person designated for that purpose by the Board at any time prior to the issuance of an order based thereon; and the original complaint shall not be regarded as limiting the scope of the inquiry. The person so complained of shall have the right to file an answer, to appear and give testimony at the place and time fixed in the complaint, and to avail himself of the compulsory process of the Board in summoning witnesses in his behalf. In the discretion of the examiner or the Board, any other person shall be allowed to appear in the said proceeding by counsel or in person to present testimony. In any such proceeding, the examiner or the Board shall not be bound by the rules of evidence prevailing in courts of law or equity.
(c) The testimony taken by an examiner or the Board shall be reduced to writing and filed in the office of the executive secretary. Thereafter, in its discretion, the Board may itself take further testimony and/or hear argument. If upon all 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 an appropriate order directed to such person. The order may require such person to cease and desist from such unfair labor practice, or to take affirmative action, or to pay damages, or to reinstate employees, or to perform any other acts that will achieve substantial justice under the circumstances. Such order may further require such person to make a report from time to time showing the extent to which he has complied with the order. Until a transcript of the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon such 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.
(d) If such person fails or neglects to obey such order of the Board while the same is in effect, the Board may petition any district court of the United States within any district wherein the labor practice in question was engaged in or wherein such person resides or carries on business, or the Supreme Court of the District of Columbia, for the enforcement of the order of the Board, and shall certify and file in the Court a transcript of the record upon which such order was entered, together with a copy of the findings and the order of the Board. Upon such filing of the petition and transcript. the court shall place such petition upon its motion or equity calendar and 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 make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree affirming, modifying, or setting aside in whole or in part the order of the Board. No objection to the order of the Board shall be considered by the court unless such objection shall have been urged before the Board. The findings of the Board as to the facts, if supported by evidence, 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, the court may order such additional evidence to be taken before the Board and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Board may modify its findings as to the facts, or make new findings, by reason of aditional evidence so taken, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree, affirming, modifying, or setting aside, in whole or in part, any order of the Board, shall be final, except that the same shall be subject to review by the appropriate Circuit Court of Appeals or the Court of Appeals of the District of Columbia, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 346 and 347). The commencement of proceedings under this subsection shall not, unless specifically ordered by the court, operate as a stay of the Board's order.
(e) Any person aggrieved by an order of the Board may obtain a review of such order in any district court of the United States in the district wherein the unfair labor practice in question was engaged in or wherein such person resides or carries on business, or in the Supreme Court of the District of Columbia, by filing in such court, within ten days after the entry of such order, a written petition praying that the order of the Board be modified or be set aside in whole or in part. A copy of such petition shall be forthwith served upon the Board, and thereupon the aggrieved party shall file in the court a transcript of the record, certified by the Board, upon which the order complained of was entered, together with a copy of the findings and order of the Board. No objection to the order of the Board shall be considered by the Court unless such objections shall have been urged before the Board. The findings of the Board as to the facts, if supported by evidence, 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, the court may order such additional evidence to be taken before the Board and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Board may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree, affirming, modifying, or setting aside, in whole or in part, any order of the Board, shall be final, except that the same shall be subject to review by the appropriate Circuit Court of Appeals or the Court of Appeals of the District of Columbix, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 346 and 347). The commencement of proceedings under this subsection shall not, unless specifically ordered by the court, operate as a stay of the Board's order.
(1) No court shall have any jurisdiction to enjoin the Board or an examiner from taking action or holding hearings under a complaint.
(g) Petitions filed under this Act shall be heard expeditiously, and if possible within ten days after they have been docketed.
(h) Complaints, orders, and other process of the Board and its agents may be served by anyone duly authorized by the Board, either (1) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer, or a director of the corporation to be served; or (2) by leaving a copy thereof at the principal office or place of business of such person, partnership, or corporation; or (3) by registering and mailing a copy thereof addressed to such person, partnership, or corporation at his or its principal office or place of business; or (4) by sending a telegraphic copy thereof addressed to such person, partnership, or corporation at his or its principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post-office receipt or telegraph receipt for said complaint, order, or other process registered and mailed or telegraphed as aforesaid shall be proof of the service of the same.
Sec. 206. (a) The Board shall have power to act as arbitrator in labor disputes. When any of the parties to a labor dispute agree to submit the whole or any part thereof to the aribtration of the Board, and the Board accepts such submission, the agreement shall be valid, irrevocable, and enforceable as to the submitting parties save upon such grounds as exist at law or in equity for the revocation of any contract. In any case accepted by it for arbitration the Board shall have power to issue an award applicable to the submitting parties.
(b) Unless a party to the arbitration has otherwise stipulated at the time of the submission of the case to the Board, any party to the arbitration, or the Board itself, may within one month after the award is made, apply to the Supreme Court of the District of Columbia for an order confirming the award, and thereupon the court shall grant such an order unless the award is vacated, modified, or corrected as hereinafter prescribed. Notice of the application shall be served upon the other parties to the arbitration by the marshal of any district within which they may be found, in like manner as any other process of such court, and thereupon such court shall have jurisdiction of such parties as though they had appeared generally in the proceeding.
(c) The court may make an order vacating the award upon the application of any party to the arbitration if the Board exceeded its powers or executed them so imperfectly that a mutual and definite award upon the subject matter was not made. The court may make an order modifying or correcting the award upon the application of any party to the arbitration if (1) the award covers a matter not submitted to the Board (unless the award upon such matter does not affect the merits of the decision upon the matter submitted) or (2) the award is imperfect in matter of form not affecting the merits of the controversy. The order may modify or correct the award so as to effect the intention thereof and promote justice between the parties. A party to the arbitration, claiming to be aggrieved by the award, may apply to the court, within one week after the award is made, for an order vacating, modifying, or correcting the award. Notice of such application shall be served upon all other parties to the arbitration proceeding or their attorneys by the marshals of the respective districts within which such parties may be found. For the purposes of the application any judge who might make an order to stay the proceedings in any action brought in the same court may make an order, to be served with the notice of the application, staying the enforcement of the award.
(d) The party applying for an order confirming, modifying, or correcting an award shall, at the time the application is filed, also file the following papers with the clerk of the court: (1) An agreement to arbitrate; (2) the award of the Board; and (3) each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon any such application. The order shall be docketed as if it were rendered in a suit in equity and shall have the same force and effect in all respects as, and be subject to all the provisions of law relating to, a decree in a suit in the court in which it is entered; and it may be enforced as if it had been renderedin a suit in the curt in which it is entered.
Sec. 207. (a) In any dispute as to who are the representatives of employees, the Board, if the dispute might burden or affect commerce or obstruct the free flow of commerce, may investigate such dispute and certify to the parties, in writing, the name or names of the individuals or labor organizations that have been designated and authorized to represent employees. In any such investigation the Board shall be authorized to take a secret ballot of employees or to utilize any other appropriate method to ascertain their representatives. The Board shall decide whether eligibility to participate in elections shall be determined on the basis of employer unit, craft unit, plant unit, or other appropriate grouping.
(b) In any dispute not of the character described in subsection (a) as to who are the representatives of employees the Board may offer its services to aid in determining who are employees' representatives.
Sec. 208. For the purpose of all hearings and investigations, which, in the opinion of the Board, are necessary and proper for the exercise of the powers vested in it by sections 205 and 207 (a)—
(1) Any member of the Board, or any agent designated by it for such purposes, is empowered to administer oaths and affirmations, take depositions, subpena witnesses, take evidence, and require the production of any books, papers, or other documents which the Board deems relevant or material to the inquiry. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.
(2) In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States, the United States courts, of any Territory or possession, and the Supreme Court of the District of Columbia, within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides, upon application by the Board, shall issue to such person an order requiring such person to appear before the Board, or an examiner designated by it, there to produce documentary evidence if so ordered, or there to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(3) No person shall be excused from attending and testifying or from producing books, papers, contracts, agreements, and other documents before the Board, or in obedience to the subpena of the Board or any member thereof or any agent designated by it, or in any cause, prodceeing, or investigation instituted by the Board, on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him to a penalty or forfeiture; but no inidvidual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise; except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(4) Witnesses summoned before the Board or any of its examiners shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.
(5) The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board.
Sec. 209. The Board shall have authority from time to time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Act. Such rules and regulations shall be effective upon publication in the manner which the Board shall prescribe.