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Title 29, LaborRelease 119-110

§161 Investigatory Powers of Board

Title 29 › CHAPTER 7 — LABOR-MANAGEMENT RELATIONS › SUBCHAPTER II — NATIONAL LABOR RELATIONS › § 161

Last updated Sep 22, 2026|Official source

Summary

The Board can look at and copy any papers or records that matter for a hearing or investigation it thinks is needed. It can issue official orders called subpoenas to make people come to give testimony or to bring evidence. If someone is served with a subpoena to produce papers, they have five days to ask the Board to cancel it; the Board must cancel it if the papers are not related or the order is not specific enough. Board members or agents can swear in witnesses, question them, and accept evidence, and they can require people to appear from anywhere in the United States or its territories and possessions at a set hearing place. If a person refuses to obey a subpoena, a U.S. district court where the inquiry is happening or where the person lives or does business can be asked to order that person to appear and produce evidence or testify. Not obeying that court order can be punished as contempt. Board papers can be served in person, by registered or certified mail, by telegraph, or by leaving a copy at the person’s main office; a signed return or mail/telegraph receipt proves service. Witnesses and those taking depositions are paid the same fees and travel money that federal courts pay. When the President directs, federal departments must give the Board records and information they have about matters before the Board.

Full Legal Text

Title 29, §161

Labor, Source: USLM XML via OLRC

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 section 159 and 160 of this title—
(1)Documentary evidence; summoning witnesses and taking testimony
The Board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The Board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceedings or investigation requested in such application. Within five days after the service of a subpena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board shall revoke, such subpena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.
(2)Court aid in compelling production of evidence and attendance of witnesses
In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States courts of any Territory or possession, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(3)Repealed. Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930
(4)Process, service and return; fees of witnesses
Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered or certified and mailed or when telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, 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)Process, where served
All process of any court to which application may be made under this subchapter may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.
(6)Information and assistance from departments
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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification The original text of par. (2) contained a reference to the District Court of the United States for the District of Columbia. Act
June 25, 1948, as amended by act
May 24, 1949, substituted “United States District Court for the District of Columbia” for “District Court of the United States for the District of Columbia”. However, the words “United States District Court for the District of Columbia” have now been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district”, and section 88 of Title 28 which states that “the District of Columbia constitutes one judicial district”.

Amendments

1980—Par. (4). Pub. L. 96–245 inserted provisions authorizing service by certified mail. 1970—Par. (3). Pub. L. 91–452 struck out par. (3) which related to the immunity from prosecution of any individual compelled to testify or produce evidence after claiming his privilege against self-incrimination. 1947—Act June 23, 1947, restated section with addition of provisions requiring the issuance of subpenas as a matter of course on the request of any party.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an

Savings Provision

s note under section 6001 of Title 18, Crimes and Criminal Procedure.

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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 161

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110