by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any section 159(a) of this title, in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 159(e) of this title within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employee for nonmembership in a employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;
to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this subchapter;
to refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 159(a) of this title.
(b) Unfair labor practices by labor organization It shall be an (1)to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 157 of this title: Provided, That this paragraph shall not impair the right of a representatives for the purposes of collective bargaining or the adjustment of grievances;
to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a)(3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;
to refuse to bargain collectively with an employer, provided it is the representative of hissection 159(a) of this title;
(i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, aaffecting commerce, where in either case an object thereof is—
forcing or requiring any employer or self-employedemployer organization or to enter into any agreement which is prohibited by subsection (e);
forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a section 159 of this title: Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary (C)
forcing or requiring any employer to recognize or bargain with a particular section 159 of this title;
to require of employees covered by an agreement authorized under subsection (a)(3) the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the Board finds excessive or discriminatory under all the circumstances. In making such a finding, the Board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the (6)
to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed; and
(7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a employees, or forcing or requiring the employees:
where the employer has lawfully recognized in accordance with this subchapter any other section 159(c) of this title,
where within the preceding twelve months a valid election under section 159(c) of this title has been conducted, or
where such picketing has been conducted without a petition under section 159(c) of this title being filed within a reasonable period of time not to exceed thirty days from the commencement of such picketing: Provided, That when such a petition has been filed the Board shall forthwith, without regard to the provisions of section 159(c)(1) of this title or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof: Provided further, That nothing in this subparagraph (C) shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an labor organization, unless an effect of such picketing is to induce any individual employed by any otherNothing in this paragraph (7) shall be construed to permit any act which would otherwise be an (c) Expression of views without threat of reprisal or force or promise of benefit
The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an (d) Obligation to bargain collectively For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the affecting commerce, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract, unless the party desiring such termination or modification—
serves a written notice upon the other party to the contract of the proposed termination or modification sixty days prior to the expiration date thereof, or in the event such contract contains no expiration date, sixty days prior to the time it is proposed to make such termination or modification;
offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;
notifies the Federal Mediation and Conciliation Service within thirty days after such notice of the existence of a dispute, and simultaneously therewith notifies any State or Territorial agency established to mediate and conciliate disputes within the State or Territory where the dispute occurred, provided no agreement has been reached by that time; and
continues in full force and effect, without resorting to strike or lock-out, all the terms and conditions of the existing contract for a period of sixty days after such notice is given or until the expiration date of such contract, whichever occurs later:
The duties imposed upon employers, employees, and labor organizations by paragraphs (2) to (4) of this subsection shall become inapplicable upon an intervening certification of the Board, under which the section 159(a) of this title, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any employee who engages in a employee of the labor dispute, for the purposes of sections 158, 159, and 160 of this title, but such loss of status for such employee shall terminate if and when he is reemployed by such employer. Whenever the collective bargaining involves health care institution, the provisions of this subsection shall be modified as follows:
The notice of paragraph (1) of this subsection shall be ninety days; the notice of paragraph (3) of this subsection shall be sixty days; and the contract period of paragraph (4) of this subsection shall be ninety days.
Where the bargaining is for an initial agreement following certification or recognition, at least thirty days’ notice of the existence of a dispute shall be given by the (C)
After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute.
(e) Enforceability of contract or agreement to boycott any other employer; exceptionIt shall be an person, and any contract or agreement entered into heretofore or hereafter containing such an agreement shall be to such extent unenforcible [1] and void: Provided, That nothing in this subsection shall apply to an agreement between a employer”, “any affecting commerce”, and “any person” when used in relation to the terms “any other producer, processor, or manufacturer”, “any other employer”, or “any other person” shall not include persons in the relation of a jobber, manufacturer, contractor, or subcontractor working on the goods or premises of the jobber or manufacturer or performing parts of an integrated process of production in the apparel and clothing industry: Provided further, That nothing in this subchapter shall prohibit the enforcement of any agreement which is within the foregoing exception.
(f) Agreement covering employees in the building and construction industryIt shall not be an section 159 of this title prior to the making of such agreement, or (2) such agreement requires as a condition of employment, membership in such (g) Notification of intention to strike or picket at any health care institution
A strike, picketing, or other concerted refusal to work at any health care institution shall, not less than ten days prior to such action, notify the institution in writing and the Federal Mediation and Conciliation Service of that intention, except that in the case of bargaining for an initial agreement following certification or recognition the notice required by this subsection shall not be given until the expiration of the period specified in clause (B) of the last sentence of subsection (d). The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the written agreement of both parties.
(July 5, 1935, ch. 372, § 8, 49 Stat. 452; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 140; Oct. 22, 1951, ch. 534, § 1(b), 65 Stat. 601; Pub. L. 86–257, title II, § 201(e), title VII, §§ 704(a)–(c), 705(a), Sept. 14, 1959 , 73 Stat. 525, 542–545; Pub. L. 93–360, § 1(c)–(e), July 26, 1974 , 88 Stat. 395, 396.)
1974—Subsec. (d). Pub. L. 93–360, § 1(c), (d), substituted “any notice” for “the sixty-day” and inserted “, or who engages in anyPub. L. 93–360, § 1(e), added subsec. (g).
1959—Subsec. (a)(3). Pub. L. 86–257, § 201(e), struck out “and has at the time the agreement was made or within the preceding twelve months received from the Board a notice of compliance with sections 159(f), (g), (h) of this title” after “such agreement when made” in cl. (i).
Subsec. (b)(4). Pub. L. 86–257, § 704(a), among other changes, substituted “induce or encourage any individual employed by anyPub. L. 86–257, § 704(c), added par. (7).
1951—Subsec. (a)(3). Act Oct. 22, 1951 , substituted “and has at the time the agreement was made or within the preceding twelve months received from the Board a notice of compliance with section 159(f), (g), (h) of this title, and (ii) unless following an election held as provided in section 159(e) of this title within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of thesection 159(e) of this title the Board shall have certified that at least a majority of theJune 23, 1947 , amended section generally by stating what were Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93–360 effective on thirtieth day after July 26, 1974 , see section 4 of Pub. L. 93–360, set out as an Effective Date note under section 169 of this title.
Effective Date of 1959 AmendmentAmendment by sections 704(a)–(c) and 705(a) of Pub. L. 86–257 effective sixty days after Sept. 14, 1959 , see section 707 of Pub. L. 86–257, set out as a note under section 153 of this title.
Effective Date of 1947 AmendmentFor 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.
Agreements Requiring Membership in a Labor Organization as a Condition of Employment“Nothing contained in the amendment made by subsection (a) [amending this section] shall be construed as authorizing the execution or application of agreements requiring membership in a Unfair Labor Practices Prior to June 23, 1947
Act June 23, 1947, ch. 120, title I, § 102, 61 Stat. 152, provided that:
“No provision of this title [amending this subchapter] shall be deemed to make an June 23, 1947 ] which did not constitute anNational Labor Relations Act as amended by this title [subsecs. (a)(3) and (b)(2) of this section] shall not make anJune 23, 1947 ], or (in the case of an agreement for a period of not more than one year) entered into on or after such date of enactment, but prior to the effective date of this title, if the performance of such obligation would not have constituted anNational Labor Relations Act prior to the effective date of this title [sixty days after June 23, 1947 ] unless such agreement was renewed or extended subsequent thereto.”