§ 153. — National Labor Relations Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC153]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER II--NATIONAL LABOR RELATIONS
Sec. 153. National Labor Relations Board
(a) Creation, composition, appointment, and tenure; Chairman; removal of
members
The National Labor Relations Board (hereinafter called the
``Board'') created by this subchapter prior to its amendment by the
Labor Management Relations Act, 1947 [29 U.S.C. 141 et seq.], is
continued as an agency of the United States, except that the Board shall
consist of five instead of three members, appointed by the President by
and with the advice and consent of the Senate. Of the two additional
members so provided for, one shall be appointed for a term of five years
and the other for a term of two years. Their successors, and the
successors of the other members, shall be appointed for terms of five
years each, excepting 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 shall designate one member to serve as Chairman
of the Board. Any member of 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) Delegation of powers to members and regional directors; review and
stay of actions of regional directors; quorum; seal
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 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 subsection (c) or
(e) of section 159 of this title 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.
(c) Annual reports to Congress and the President
The Board shall at the close of each fiscal year make a report in
writing to Congress and to the President summarizing significant case
activities and operations for that fiscal year.
(d) General Counsel; appointment and tenure; powers and duties; vacancy
There shall be a General Counsel of the Board who shall be appointed
by the President, by and with the advice and consent of the Senate, for
a term of four years. The General Counsel of the Board shall exercise
general supervision over all attorneys employed by the Board (other than
administrative law judges and legal assistants to Board members) and
over the officers and employees in the regional offices. He shall have
final authority, on behalf of the Board, in respect of the investigation
of charges and issuance of complaints under section 160 of this title,
and in respect of the prosecution of such complaints before the Board,
and shall have such other duties as the Board may prescribe or as may be
provided by law. 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.
(July 5, 1935, ch. 372, Sec. 3, 49 Stat. 451; June 23, 1947, ch. 120,
title I, Sec. 101, 61 Stat. 139; Pub. L. 86-257, title VII,
Secs. 701(b), 703, Sept. 14, 1959, 73 Stat. 542; Pub. L. 93-608,
Sec. 3(3), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95-251, Sec. 3, Mar. 27,
1978, 92 Stat. 184; Pub. L. 97-375, title II, Sec. 213, Dec. 21, 1982,
96 Stat. 1826.)
References in Text
The Labor Management Relations Act, 1947, referred to in subsec.
(a), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is
classified principally to this chapter. For complete classification of
this act to the Code, see section 141 of this title and Tables.
Codification
In subsec. (d), ``administrative law judges'' substituted for
``trial examiners'' pursuant to section 3105 of Title 5, Government
Organization and Employees, and section 3 of Pub. L. 95-251, Mar. 27,
1978, 92 Stat. 184, which is set out as a note under section 3105 of
Title 5.
Amendments
1982--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''.
1975--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.
1959--Subsec. (b). Pub. L. 86-257, Sec. 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.
Subsec. (d). Pub. L. 86-257, Sec. 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.
1947--Act June 23, 1947, amended section generally by increasing
membership from three to five, delegating its powers and duties to a
quorum of any three members, and by appointing a General Counsel and
outlining his powers and duties.
Effective Date of 1959 Amendment
Section 707 of title VII of Pub. L. 86-257 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.''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section relating to making a report in writing to Congress
at the close of each fiscal year, see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance, and page 184 of House Document No. 103-7.
Section Referred to in Other Sections
This section is referred to in section 152 of this title.
