§ 164. — Construction of provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC164]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER II--NATIONAL LABOR RELATIONS
Sec. 164. Construction of provisions
(a) Supervisors as union members
Nothing herein shall prohibit any individual employed as a
supervisor from becoming or remaining a member of a labor organization,
but no employer subject to this subchapter shall be compelled to deem
individuals defined herein as supervisors as employees for the purpose
of any law, either national or local, relating to collective bargaining.
(b) Agreements requiring union membership in violation of State law
Nothing in this subchapter shall be construed as authorizing the
execution or application of agreements requiring membership in a labor
organization as a condition of employment in any State or Territory in
which such execution or application is prohibited by State or
Territorial law.
(c) Power of Board to decline jurisdiction of labor disputes; assertion
of jurisdiction by State and Territorial courts
(1) The Board, in its discretion, may, by rule of decision or by
published rules adopted pursuant to subchapter II of chapter 5 of title
5, decline to assert jurisdiction over any labor dispute involving any
class or category of employers, where, in the opinion of the Board, the
effect of such labor dispute on commerce is not sufficiently substantial
to warrant the exercise of its jurisdiction: Provided, That the Board
shall not decline to assert jurisdiction over any labor dispute over
which it would assert jurisdiction under the standards prevailing upon
August 1, 1959.
(2) Nothing in this subchapter shall be deemed to prevent or bar any
agency or the courts of any State or Territory (including the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from
assuming and asserting jurisdiction over labor disputes over which the
Board declines, pursuant to paragraph (1) of this subsection, to assert
jurisdiction.
(July 5, 1935, ch. 372, Sec. 14, 49 Stat. 457; June 23, 1947, ch. 120,
title I, Sec. 101, 61 Stat. 151; Pub. L. 86-257, title VII, Sec. 701(a),
Sept. 14, 1959, 73 Stat. 541.)
Codification
In subsec. (c)(1), ``subchapter II of chapter 5 of title 5''
substituted for ``the Administrative Procedure Act'' on authority of
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees.
Amendments
1959--Subsec. (c). Pub. L. 86-257 added subsec. (c).
1947--Act June 23, 1947, amended section generally by inserting new
subject matter. Section formerly referred to conflict of laws, see
section 165 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.
Section Referred to in Other Sections
This section is referred to in title 18 section 1951.
