
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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. (a)(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.
