§ 159. — Representatives and elections.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC159]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER II--NATIONAL LABOR RELATIONS
Sec. 159. Representatives and elections
(a) Exclusive representatives; employees' adjustment of grievances
directly with employer
Representatives designated or selected for the purposes of
collective bargaining by the majority of the employees in a unit
appropriate for such purposes, shall be the exclusive representatives of
all the employees in such unit for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, or other
conditions of employment: Provided, That any individual employee or a
group of employees shall have the right at any time to present
grievances to their employer and to have such grievances adjusted,
without the intervention of the bargaining representative, as long as
the adjustment is not inconsistent with the terms of a collective-
bargaining contract or agreement then in effect: Provided further, That
the bargaining representative has been given opportunity to be present
at such adjustment.
(b) Determination of bargaining unit by Board
The Board shall decide in each case whether, in order to assure to
employees the fullest freedom in exercising the rights guaranteed by
this subchapter, the unit appropriate for the purposes of collective
bargaining shall be the employer unit, craft unit, plant unit, or
subdivision thereof: Provided, That the Board shall not (1) decide that
any unit is appropriate for such purposes if such unit includes both
professional employees and employees who are not professional employees
unless a majority of such professional employees vote for inclusion in
such unit; or (2) decide that any craft unit is inappropriate for such
purposes on the ground that a different unit has been established by a
prior Board determination, unless a majority of the employees in the
proposed craft unit vote against separate representation or (3) decide
that any unit is appropriate for such purposes if it includes, together
with other employees, any individual employed as a guard to enforce
against employees and other persons rules to protect property of the
employer or to protect the safety of persons on the employer's premises;
but no labor organization shall be certified as the representative of
employees in a bargaining unit of guards if such organization admits to
membership, or is affiliated directly or indirectly with an organization
which admits to membership, employees other than guards.
(c) Hearings on questions affecting commerce; rules and regulations
(1) Whenever a petition shall have been filed, in accordance with
such regulations as may be prescribed by the Board--
(A) by an employee or group of employees or any individual or
labor organization acting in their behalf alleging that a
substantial number of employees (i) wish to be represented for
collective bargaining and that their employer declines to recognize
their representative as the representative defined in subsection (a)
of this section, or (ii) assert that the individual or labor
organization, which has been certified or is being currently
recognized by their employer as the bargaining representative, is no
longer a representative as defined in subsection (a) of this
section; or
(B) by an employer, alleging that one or more individuals or
labor organizations have presented to him a claim to be recognized
as the representative defined in subsection (a) of this section;
the Board shall investigate such petition and if it has reasonable cause
to believe that a question of representation affecting commerce exists
shall provide for an appropriate hearing upon due notice. Such hearing
may be conducted by an officer or employee of the regional office, who
shall not make any recommendations with respect thereto. If the Board
finds upon the record of such hearing that such a question of
representation exists, it shall direct an election by secret ballot and
shall certify the results thereof.
(2) In determining whether or not a question of representation
affecting commerce exists, the same regulations and rules of decision
shall apply irrespective of the identity of the persons filing the
petition or the kind of relief sought and in no case shall the Board
deny a labor organization a place on the ballot by reason of an order
with respect to such labor organization or its predecessor not issued in
conformity with section 160(c) of this title.
(3) No election shall be directed in any bargaining unit or any
subdivision within which in the preceding twelve-month period, a valid
election shall have been held. Employees engaged in an economic strike
who are not entitled to reinstatement shall be eligible to vote under
such regulations as the Board shall find are consistent with the
purposes and provisions of this subchapter in any election conducted
within twelve months after the commencement of the strike. In any
election where none of the choices on the ballot receives a majority, a
run-off shall be conducted, the ballot providing for a selection between
the two choices receiving the largest and second largest number of valid
votes cast in the election.
(4) Nothing in this section shall be construed to prohibit the
waiving of hearings by stipulation for the purpose of a consent election
in conformity with regulations and rules of decision of the Board.
(5) In determining whether a unit is appropriate for the purposes
specified in subsection (b) of this section the extent to which the
employees have organized shall not be controlling.
(d) Petition for enforcement or review; transcript
Whenever an order of the Board made pursuant to section 160(c) of
this title is based in whole or in part upon facts certified following
an investigation pursuant to subsection (c) of this section and there is
a petition for the enforcement or review of such order, such
certification and the record of such investigation shall be included in
the transcript of the entire record required to be filed under
subsection (e) or (f) of section 160 of this title, and thereupon the
decree of the court enforcing, modifying, or setting aside in whole or
in part the order of the Board shall be made and entered upon the
pleadings, testimony, and proceedings set forth in such transcript.
(e) Secret ballot; limitation of elections
(1) Upon the filing with the Board, by 30 per centum or more of the
employees in a bargaining unit covered by an agreement between their
employer and a labor organization made pursuant to section 158(a)(3) of
this title, of a petition alleging they desire that such authority be
rescinded, the Board shall take a secret ballot of the employees in such
unit and certify the results thereof to such labor organization and to
the employer.
(2) No election shall be conducted pursuant to this subsection in
any bargaining unit or any subdivision within which, in the preceding
twelve-month period, a valid election shall have been held.
(July 5, 1935, ch. 372, Sec. 9, 49 Stat. 453; June 23, 1947, ch. 120,
title I, Sec. 101, 61 Stat. 143; Oct. 22, 1951, ch. 534, Sec. 1(c), (d),
65 Stat. 601; Pub. L. 86-257, title II, Sec. 201(d), title VII,
Sec. 702, Sept. 14, 1959, 73 Stat. 525, 542.)
Amendments
1959--Subsec. (c)(3). Pub. L. 86-257, Sec. 702, substituted
``Employees engaged in an economic strike who are not entitled to
reinstatement shall be eligible to vote under such regulations as the
Board shall find are consistent with the purposes and provisions of this
subchapter in any election conducted within twelve months after the
commencement of the strike'' for ``Employees on strike who are not
entitled to reinstatement shall not be eligible to vote.''
Subsecs. (f), (g). Pub. L. 86-257, Sec. 201(d), repealed subsecs.
(f) and (g) which required unions to file their constitutions, bylaws
and a report, prescribed the contents of the report and directed the
filing of annual financial reports, and are now covered by section 431
of this title.
Subsec. (h). Pub. L. 86-257, Sec. 201(d), repealed subsec. (h) which
related to affidavits showing union's officers free from Communist Party
affiliation or belief.
1951--Subsec. (e). Act Oct. 22, 1951, Sec. 1(c), struck out par. (1)
and renumbered pars. (2) and (3) as (1) and (2).
Subsecs. (f) to (h). Act Oct. 22, 1951, Sec. 1(d), struck out ``No
petition under section 159(e)(1) shall be entertained'' wherever
appearing.
1947--Act June 23, 1947, amended section generally to allow
employees to carry their grievances directly to the employer, to
circumscribe certain powers of the Board, to make the union file with
the Secretary of Labor its constitution, bylaws, and report before being
certified as a bargaining agent, to require annual reports by labor
unions, and to require labor unions to file affidavits with the Board
showing that none of its officers are affiliated with or believe in the
Communist Party.
Effective Date of 1959 Amendment
Amendment by section 702 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 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.
Certain Certifications of Bargaining Units Unaffected
Section 103 of title I of act June 23, 1947, provided that: ``No
provisions of this title [amending this subchapter] shall affect any
certification of representatives or any determination as to the
appropriate collective-bargaining unit, which was made under section 9
of the National Labor Relations Act [this section] prior to the
effective date of this title [sixty days after June 23, 1947] until one
year after the date of such certification or if, in respect of any such
certification, a collective-bargaining contract was entered into prior
to the effective date of this title [sixty days after June 23, 1947],
until the end of the contract period or until one year after such date,
whichever first occurs.''
Section Referred to in Other Sections
This section is referred to in sections 153, 158, 161, 168, 1403,
2101 of this title; title 18 section 1951.
