§173 — Title 29 Labor | U.S. Code

Summary

The Service must help people and companies settle labor disputes that affect interstate commerce so big interruptions to trade are prevented or reduced. It can offer help on its own or when asked if a dispute might seriously disrupt commerce. It should not step in for small disputes if state or other local services can help. When it offers help, the Service must quickly contact the parties and try to get them to agree using mediation and conciliation. If the Director cannot get an agreement in a reasonable time, the Director must urge the parties to try other voluntary ways to settle without strikes, lockouts, or force, including asking employees to vote in secret on the employer’s last offer. Saying no to any procedure the Director suggests is not a legal violation. The Service should only use mediation for contract grievance disputes as a last resort. The Service must also promote joint labor‑management committees to improve relations and job security (see section 175a). It may help federal agencies under subchapter IV of chapter 5 of title 5 by assisting with administrative disputes, training people in alternative dispute skills, and providing neutral officers. Only staff who meet the qualifications in section 573 of title 5 may serve as neutrals, and the Service must consult the agency or interagency committee named in section 573 when keeping lists of neutrals and making rules.

Title 29, §173

Labor — Source: USLM XML via OLRC

(a)It shall be the duty of the Service, in order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, to assist parties to labor disputes in industries affecting commerce to settle such disputes through conciliation and mediation.

(b)The Service may proffer its services in any labor dispute in any industry affecting commerce, either upon its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute threatens to cause a substantial interruption of commerce. The Director and the Service are directed to avoid attempting to mediate disputes which would have only a minor effect on interstate commerce if State or other conciliation services are available to the parties. Whenever the Service does proffer its services in any dispute, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.

(c)If the Director is not able to bring the parties to agreement by conciliation within a reasonable time, he shall seek to induce the parties voluntarily to seek other means of settling the dispute without resort to strike, lock-out, or other coercion, including submission to the employees in the bargaining unit of the employer’s last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the Director shall not be deemed a violation of any duty or obligation imposed by this chapter.

(d)Final adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective-bargaining agreement. The Service is directed to make its conciliation and mediation services available in the settlement of such grievance disputes only as a last resort and in exceptional cases.

(e)The Service is authorized and directed to encourage and support the establishment and operation of joint labor management activities conducted by plant, area, and industrywide committees designed to improve labor management relationships, job security and organizational effectiveness, in accordance with the provisions of section 175a of this title.

(f)The Service may make its services available to Federal agencies to aid in the resolution of disputes under the provisions of subchapter IV of chapter 5 of title 5. Functions performed by the Service may include assisting parties to disputes related to administrative programs, training persons in skills and procedures employed in alternative means of dispute resolution, and furnishing officers and employees of the Service to act as neutrals. Only officers and employees who are qualified in accordance with section 573 of title 5 may be assigned to act as neutrals. The Service shall consult with the agency designated by, or the interagency committee designated or established by, the President under section 573 of title 5 in maintaining rosters of neutrals and arbitrators, and to adopt such procedures and rules as are necessary to carry out the services authorized in this subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original “this Act” meaning act June 23, 1947, ch. 120, 61 Stat. 136, known as the Labor Management Relations Act, 1947, which is classified principally to this subchapter and subchapters III (§ 171 et seq.) and IV (§ 185 et seq.) of this chapter. For complete classification of this act to the Code, see Tables.

Amendments

1996—Subsec. (f). Pub. L. 104–320 substituted “the agency designated by, or the interagency committee designated or established by, the President under section 573 of title 5” for “the Administrative Conference of the United States and other agencies”. 1992—Subsec. (f). Pub. L. 102–354 substituted “section 573” for “section 583”. 1990—Subsec. (f). Pub. L. 101–552 added subsec. (f). 1978—Subsec. (e). Pub. L. 95–524 added subsec. (e).

Statutory Notes and Related Subsidiaries

Applicability to Collective Bargaining AgreementsAmendment by Pub. L. 95–524 not to affect terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after Oct. 27, 1978, see section 6(e) of Pub. L. 95–524, set out as a note under section 175a of this title.

§173 Functions of Service