§ 173. — Functions of 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: 29USC173]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER III--CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES
Sec. 173. Functions of Service
(a) Settlement of disputes through conciliation and mediation
It shall be the duty of the Service, in order to prevent or minimize
interruptions of the free flow of commerce growing out of labor
disputes, to assist parties to labor disputes in industries affecting
commerce to settle such disputes through conciliation and mediation.
(b) Intervention on motion of Service or request of parties; avoidance
of mediation of minor disputes
The Service may proffer its services in any labor dispute in any
industry affecting commerce, either upon its own motion or upon the
request of one or more of the parties to the dispute, whenever in its
judgment such dispute threatens to cause a substantial interruption of
commerce. The Director and the Service are directed to avoid attempting
to mediate disputes which would have only a minor effect on interstate
commerce if State or other conciliation services are available to the
parties. Whenever the Service does proffer its services in any dispute,
it shall be the duty of the Service promptly to put itself in
communication with the parties and to use its best efforts, by mediation
and conciliation, to bring them to agreement.
(c) Settlement of disputes by other means upon failure of conciliation
If the Director is not able to bring the parties to agreement by
conciliation within a reasonable time, he shall seek to induce the
parties voluntarily to seek other means of settling the dispute without
resort to strike, lock-out, or other coercion, including submission to
the employees in the bargaining unit of the employer's last offer of
settlement for approval or rejection in a secret ballot. The failure or
refusal of either party to agree to any procedure suggested by the
Director shall not be deemed a violation of any duty or obligation
imposed by this chapter.
(d) Use of conciliation and mediation services as last resort
Final adjustment by a method agreed upon by the parties is declared
to be the desirable method for settlement of grievance disputes arising
over the application or interpretation of an existing collective-
bargaining agreement. The Service is directed to make its conciliation
and mediation services available in the settlement of such grievance
disputes only as a last resort and in exceptional cases.
(e) Encouragement and support of establishment and operation of joint
labor management activities conducted by committees
The Service is authorized and directed to encourage and support the
establishment and operation of joint labor management activities
conducted by plant, area, and industrywide committees designed to
improve labor management relationships, job security and organizational
effectiveness, in accordance with the provisions of section 175a of this
title.
(f) Use of alternative means of dispute resolution procedures;
assignment of neutrals and arbitrators
The Service may make its services available to Federal agencies to
aid in the resolution of disputes under the provisions of subchapter IV
of chapter 5 of title 5. Functions performed by the Service may include
assisting parties to disputes related to administrative programs,
training persons in skills and procedures employed in alternative means
of dispute resolution, and furnishing officers and employees of the
Service to act as neutrals. Only officers and employees who are
qualified in accordance with section 573 of title 5 may be assigned to
act as neutrals. The Service shall consult with the agency designated
by, or the interagency committee designated or established by, the
President under section 573 of title 5 in maintaining rosters of
neutrals and arbitrators, and to adopt such procedures and rules as are
necessary to carry out the services authorized in this subsection.
(June 23, 1947, ch. 120, title II, Sec. 203, 61 Stat. 153; Pub. L. 95-
524, Sec. 6(c)(1), Oct. 27, 1978, 92 Stat. 2020; Pub. L. 101-552,
Sec. 7, Nov. 15, 1990, 104 Stat. 2746; Pub. L. 102-354, Sec. 5(b)(5),
Aug. 26, 1992, 106 Stat. 946; Pub. L. 104-320, Sec. 4(c), Oct. 19, 1996,
110 Stat. 3871.)
References in Text
This chapter, referred to in subsec. (c), was in the original ``this
Act'' meaning act June 23, 1947, ch. 120, 61 Stat. 136, as amended,
known as the Labor Management Relations Act, 1947, which is classified
principally to this subchapter and subchapters III (Sec. 171 et seq.)
and IV (Sec. 185 et seq.) of this chapter. For complete classification
of this act to the Code, see Tables.
Amendments
1996--Subsec. (f). Pub. L. 104-320 substituted ``the agency
designated by, or the interagency committee designated or established
by, the President under section 573 of title 5'' for ``the
Administrative Conference of the United States and other agencies''.
1992--Subsec. (f). Pub. L. 102-354 substituted ``section 573'' for
``section 583''.
1990--Subsec. (f). Pub. L. 101-552 added subsec. (f).
1978--Subsec. (e). Pub. L. 95-524 added subsec. (e).
Applicability to Collective Bargaining Agreements
Amendment by Pub. L. 95-524 not to affect terms and conditions of
any collective bargaining agreement whether in effect prior to or
entered into after Oct. 27, 1978, see section 6(e) of Pub. L. 95-524,
set out as a note under section 175a of this title.
