29-U.S.C.-164
§164 – Construction of Provisions
Pathway
Title 29 > Chapter 7 > Subchapter II > Section 164
Details
- Reference: Section 164
- Legend: §164 – Construction of Provisions
- USCode Year: 2013
Provision Content
(a) Supervisors as union members
Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining.
(b) Agreements requiring union membership in violation of State law
Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.
(c) Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts
(1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to subchapter II of chapter 5 of title 5, decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959.
(2) Nothing in this subchapter shall be deemed to prevent or bar any agency or the courts of any State or Territory (including the Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from assuming and asserting jurisdiction over labor disputes over which the Board declines, pursuant to paragraph (1) of this subsection, to assert jurisdiction.
(July 5, 1935, ch. 372, §14, 49 Stat. 457; June 23, 1947, ch. 120, title I, §101, 61 Stat. 151; Pub. L. 86–257, title VII, §701(a), Sept. 14, 1959, 73 Stat. 541.)
Codification
In subsec. (c)(1), subchapter II of chapter 5 of title 5 substituted for the Administrative Procedure Act on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1959—Subsec. (c). Pub. L. 86–257 added subsec. (c).
1947—Act June 23, 1947, amended section generally by inserting new subject matter. Section formerly referred to conflict of laws, see section 165 of this title.
Effective Date of 1947 Amendment
For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title.
U.S. Encyclopedia of Law Coverage
Chapter 7 – Labor-Management Relations in the Legal Encyclopedia: Labor
In this entry about Chapter 7 – Labor-Management Relations, find legal reference material, bibliographies and premiere content related to labor in the American Encyclopedia of Law, presenting a comprehensive view of the United States labor-specific issues, written by authorities in the field.
29-U.S.C.-163 in the Legal Encyclopedia: Labor Relations
In this entry about 29-U.S.C.-163, find legal reference material, bibliographies and premiere content related to labor relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States labor relations-specific issues, written by authorities in the field.
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