§ 153. National Labor Relations Board

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Pub. L. 74–372 § 3 · 49 Stat. 449

   Enacted · 29 U.S.C. § 153

   July 5, 1935, ch. 372, § 3, 49 Stat. 451

   Source evidence

   Code source credit
   July 5, 1935, ch. 372, § 3, 49 Stat. 451

   Enacted provision · exact public law section
   Sec. 3. national labor relations board (a) There is hereby created a board, to be known as the Composition; appointment. Post, p. 1177. “National Labor Relations Board” (hereinafter referred to as the “Board which shall be composed of three members, who shall be appointed by the President, by and with the advice and consent of the Senate. One of the original members shall be Terms of office. appointed for a term of one year, one for a term of three years, and one for a term of five years, but their successors shall be appointed for terms of five years each, except 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 snail designate Chairman. one member to serve as chairman of the Board. Any member of Removals. 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) A vacancy in the Board shall not impair the right of the Quorum, seal, etc. remaining members to exercise all the powers of the Board, and two members of the Board shall, at all times, constitute a quorum. The Board shall have an official seal which shall be judicially noticed. (c) The Board shall at the close of each fiscal year make a report Annual report. in writing to Congress and to the President stating in detail the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Board, and an account of all moneys it has disbursed.

2. 1959

   Labor-Management Reporting and Disclosure Act of 1959

   Pub. L. 86–257 § 701(b) · 73 Stat. 519

   Changed · 29 U.S.C. § 153(b)

   Pub. L. 86–257, § 701(b), authorized the Board to delegate to its regional directors its powers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under section 159(c) or 159(e) of this title and certify the results thereof

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–257, § 701(b), authorized the Board to delegate to its regional directors its powers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under section 159(c) or 159(e) of this title and certify the results thereof.

   Enacted provision · exact public law section
   Sec. 701. federal-state jurisdiction (a) Section 14 of the National Labor Relations Act, as 29 USC 164. amended, is amended by adding at the end thereof the following new subsection: “(c) (1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to the Administrative Procedure Act, decline to assert jurisdiction over any labor dispute involving any class or category or 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 Act 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.” (b) Section 3(b) of such Act is amended to read as follows: 29 USC 153. “(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. The Board is also authorized to delegate to its regional directors its 29 USC 159. powers under section 9 to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under subsection (c) or (e) of section 9 and certify the results thereof, except that upon the filing of a request therefor with the Board by any interested person, the Board may review any action of a regional director delegated to him under this paragraph, but such a review shall not, unless specifically ordered by the Board, operate as a stay of any action taken by the regional director. 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.”

   Effective date note
   Pub. L. 86–257, title VII, § 707, Sept. 14, 1959, 73 Stat. 546, provided that: “The amendments made by this title [amending this section and sections 158, 159, and 160 of this title] shall take effect sixty days after the date of the enactment of this Act [Sept. 14, 1959] and no provision of this title shall be deemed to make an unfair labor practice, any act which is performed prior to such effective date which did not constitute an unfair labor practice prior thereto.”

3. 1959

   Labor-Management Reporting and Disclosure Act of 1959

   Pub. L. 86–257 § 703 · 73 Stat. 519

   Amended · 29 U.S.C. § 153(d)

   Pub. L. 86–257, § 703, authorized the President to designate the officer or employee who shall act as General Counsel in the case of a vacancy in the office of the General Counsel

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 86–257, § 703, authorized the President to designate the officer or employee who shall act as General Counsel in the case of a vacancy in the office of the General Counsel.

   Enacted provision · exact public law section
   Sec. 703. vacancy in office of general counsel Section 3(d) of the National Labor Relations Act, as 29 USC 153. amended, is amended by adding after the period at the end thereof the following: “In case of a vacancy in the office of the General Counsel the President is authorized to designate the officer or employee who shall act as General Counsel during such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted.”

   Effective date note
   Pub. L. 86–257, title VII, § 707, Sept. 14, 1959, 73 Stat. 546, provided that: “The amendments made by this title [amending this section and sections 158, 159, and 160 of this title] shall take effect sixty days after the date of the enactment of this Act [Sept. 14, 1959] and no provision of this title shall be deemed to make an unfair labor practice, any act which is performed prior to such effective date which did not constitute an unfair labor practice prior thereto.”

4. 1975

   Pub. L. 93–608 § 3(3) · 88 Stat. 1967

   Struck · 29 U.S.C. § 153(c)

   Pub. L. 93–608 struck out requirement that report contain the names, salaries, and duties of all employees and officers employed or supervised by the Board

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–608 struck out requirement that report contain the names, salaries, and duties of all employees and officers employed or supervised by the Board.

   Enacted provision · exact public law section
   Sec. 3. To modify substantive aspects of certain requirements to report to Congress or other Government authority, the following provisions of law are hereby amended as follows: (1) Section 705(e) of the Civil Rights Act of 1964 (78 Stat. 258; 42 U.S.C. 2000e–1(d)) is hereby amended to read as follows: Report to Congress and the President.“(e) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.” (2) Section 8 of the Fair Packaging and Labeling Act (80 Stat. 1300; 15 U.S.C. 1457) is hereby amended to read as follows:

5. 1982

   Congressional Reports Elimination Act of 1982

   Pub. L. 97–375 title II § 213 · 96 Stat. 1819

   Substituted · 29 U.S.C. § 153(c)

   Pub. L. 97–375 substituted “summarizing significant case activities and operations for that fiscal year” for “stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–375 substituted “summarizing significant case activities and operations for that fiscal year” for “stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed”.

   Enacted provision · exact public law section
   Sec. 213. report by the national labor relations board Section 3(c) of the National Labor Relations Act (29 U.S.C. 153(c); 61 Stat. 139) is amended by striking out “stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed” and inserting in lieu thereof “summarizing significant case activities and operations for that fiscal year”.

5 of 5 references resolved to an enrolled provision