§ 172. — Federal Mediation and Conciliation Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC172]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER III--CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES
Sec. 172. Federal Mediation and Conciliation Service
(a) Creation; appointment of Director
There is created an independent agency to be known as the Federal
Mediation and Conciliation Service (herein referred to as the
``Service'', except that for sixty days after June 23, 1947, such term
shall refer to the Conciliation Service of the Department of Labor). The
Service shall be under the direction of a Federal Mediation and
Conciliation Director (hereinafter referred to as the ``Director''), who
shall be appointed by the President by and with the advice and consent
of the Senate. The Director shall not engage in any other business,
vocation, or employment.
(b) Appointment of officers and employees; expenditures for supplies,
facilities, and services
The Director is authorized, subject to the civil service laws, to
appoint such clerical and other personnel as may be necessary for the
execution of the functions of the Service, and shall fix their
compensation in accordance with chapter 51 and subchapter III of chapter
53 of title 5, and may, without regard to the provisions of the civil
service laws, appoint such conciliators and mediators as may be
necessary to carry out the functions of the Service. The Director is
authorized to make such expenditures for supplies, facilities, and
services as he deems necessary. Such expenditures shall be allowed and
paid upon presentation of itemized vouchers therefor approved by the
Director or by any employee designated by him for that purpose.
(c) Principal and regional offices; delegation of authority by Director;
annual report to Congress
The principal office of the Service shall be in the District of
Columbia, but the Director may establish regional offices convenient to
localities in which labor controversies are likely to arise. The
Director may by order, subject to revocation at any time, delegate any
authority and discretion conferred upon him by this chapter to any
regional director, or other officer or employee of the Service. The
Director may establish suitable procedures for cooperation with State
and local mediation agencies. The Director shall make an annual report
in writing to Congress at the end of the fiscal year.
(d) Transfer of all mediation and conciliation services to Service;
effective date; pending proceedings unaffected
All mediation and conciliation functions of the Secretary of Labor
or the United States Conciliation Service under section 51 of this
title, and all functions of the United States Conciliation Service under
any other law are transferred to the Federal Mediation and Conciliation
Service, together with the personnel and records of the United States
Conciliation Service. Such transfer shall take effect upon the sixtieth
day after June 23, 1947. Such transfer shall not affect any proceedings
pending before the United States Conciliation Service or any
certification, order, rule, or regulation theretofore made by it or by
the Secretary of Labor. The Director and the Service shall not be
subject in any way to the jurisdiction or authority of the Secretary of
Labor or any official or division of the Department of Labor.
(June 23, 1947, ch. 120, title II, Sec. 202, 61 Stat. 153; Oct. 28,
1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.)
References in Text
The civil service laws, referred to in subsec. (b), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Section 51 of this title, referred to in subsec. (d), was repealed
by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642.
Codification
Provisions of subsec. (a) which prescribed the basic annual
compensation of the Director were omitted to conform to the provisions
of the Executive Schedule. See section 5314 of Title 5, Government
Organization and Employees.
In subsec. (b), ``chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ``the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5.
Provisions of subsec. (b) that authorized the Director to fix the
compensation of conciliators and mediators without regard to the
Classification Act of 1923, as amended, have been omitted as obsolete.
Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972,
973, repealed the Classification Act of 1923 and all other laws or parts
of laws inconsistent with the 1949 Act. While section 1106(a) of the
1949 Act provided that references in other laws to the 1923 Act should
be held and considered to mean the 1949 Act, it did not have the effect
of continuing the exceptions contained in this section because of
section 1106(b) which provided that the application of the 1949 Act to
any position, officer, or employee shall not be affected by section
1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-554,
Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and
enacted Title 5, Government Organization and Employees, into law).
Section 5102 of Title 5 contains the applicability provisions of the
1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
employees.
Amendments
1949--Subsec. (b). Act Oct. 28, 1949, substituted ``Classification
Act of 1949'' for ``Classification Act of 1923''.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section requiring the Director to make an annual report in
writing to Congress at the end of the 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 171 of House Document No. 103-7.
