§ 164. Construction of provisions

Statutory text

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.

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.

Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts

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.

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.

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.

1935
Pub. L. 74–372 § 14 · 49 Stat. 449
Enacted · 29 U.S.C. § 164
July 5, 1935, ch. 372, § 14, 49 Stat. 457
Source evidence
Code source credit
July 5, 1935, ch. 372, § 14, 49 Stat. 457
Enacted provision · exact public law section
Sec. 14. Wherever the application of the provisions of section Conflicts with other Acts. National Recovery Act. Vol. 48, p. 198; U. S. C., p. 584. Ante, p. 375. Bankruptcy Act, amendments. Vol. 48, p. 922. 7 (a) of the National Industrial Recovery Act (U. S. C., Supp. VII, title 15, sec. 707 (a)), as amended from time to time, or of section 77 B, paragraphs (1) and (m) of the Act approved June 7, 1934, entitled “An Act to amend an Act entitled ‘An Act to establish a uniform system of bankruptcy throughout the United States’ approved July 1, 1898, and Acts amendatory thereof and supplementary thereto” (48 Stat. 922, pars. (1) and (m)), as amended National industrial labor boards. Vol. 48, p. 1183. from time to time, or of Public Resolution Numbered 44, approved Juno 19, 1934 (48 Stat. 1183), conflicts with the application of the provisions of this Act, this Act shall prevail: Provided, That in Proviso. Validity provision. any situation where the provisions of this Act cannot be validly enforced, the provisions of such other Acts shall remain in full force and effect.
1959
Labor-Management Reporting and Disclosure Act of 1959
Pub. L. 86–257 title VII § 701(a) · 73 Stat. 519
Added · 29 U.S.C. § 164(c)
Pub. L. 86–257 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–257 added subsec. (c).
Enacted provision · exact public law section
(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.”

2 of 2 references resolved to an enrolled provision

Editorial Notes

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.

Amendments1947–1959 · 2 rounds

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.

Statutory Notes and Related Subsidiaries

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.

Credits

1935–1959 · 3 acts

1935July 5, 1935, ch. 372, § 14, 49 Stat. 457
1947June 23, 1947, ch. 120, title I, § 101, 61 Stat. 151
1959Pub. L. 86–257, title VII, § 701(a), Sept. 14, 1959, 73 Stat. 541.

Show as published

(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.)