§ 161. — Investigatory powers of 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: 29USC161]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER II--NATIONAL LABOR RELATIONS
Sec. 161. Investigatory powers of Board
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 sections 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, Sec. 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.
(July 5, 1935, ch. 372, Sec. 11, 49 Stat. 455; June 23, 1947, ch. 120,
title I, Sec. 101, 61 Stat. 150; June 25, 1948, ch. 646, Sec. 32(b), 62
Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 91-
452, title II, Sec. 234, Oct. 15, 1970, 84 Stat. 930; Pub. L. 86-507,
Sec. 1(57), June 11, 1960, as added Pub. L. 96-245, May 21, 1980, 94
Stat. 347.)
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.
Effective Date of 1970 Amendment
Amendment 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 Effective Date; Savings Provisions note under section 6001
of Title 18, Crimes and Criminal Procedure.
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.
Section Referred to in Other Sections
This section is referred to in section 661 of this title; title 18
section 1951; title 42 section 2000e-9.
