Laws: Cases and Codes : U.S. Code : Title 29 : Section 160
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U.S. Code as of:
01/19/04
Section 160 - Notes
SOURCE
(July 5, 1935, ch. 372, Sec. 10, 49 Stat. 453; June 23, 1947, ch.
120, title I, Sec. 101, 61 Stat. 146; June 25, 1948, ch. 646, Sec.
32(a), (b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat.
107; Pub. L. 85-791, Sec. 13, Aug. 28, 1958, 72 Stat. 945; Pub. L.
86-257, title VII, Secs. 704(d), 706, Sept. 14, 1959, 73 Stat. 544;
Pub. L. 95-251, Sec. 3, Mar. 27, 1978, 92 Stat. 184; Pub. L.
98-620, title IV, Sec. 402(31), Nov. 8, 1984, 98 Stat. 3360.)
REFERENCES IN TEXT
The rules of evidence applicable in the district courts of the
United States, referred to in subsec. (b), are set out in the
Appendix to Title 28, Judiciary and Judicial Procedure.
The rules of civil procedure for the district courts of the
United States, referred to in subsec. (b), are set out in the
Appendix to Title 28.
Chapter 6 (Sec. 101 et seq.) of this title, referred to in
subsec. (h), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat.
70, popularly known as the Norris-LaGuardia Act.
CODIFICATION
In subsec. (b), "section 2072 of title 28" substituted for "the
Act of June 19, 1934 (U.S.C., title 28, secs. 723-B, 723-C)" on
authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of
which enacted Title 28, Judiciary and Judicial Procedure.
In subsec. (c), "administrative law judge or judges" and "such
judge or judges" substituted for "examiner or examiners" and "such
examiner or examiners", respectively, pursuant to section 3105 of
Title 5, Government Organization and Employees, and section 3 of
Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 184, which is set out as a
note under section 3105 of Title 5.
In subsec. (f), "United States court of appeals" substituted for
"circuit court of appeals of the United States" on authority of act
June 25, 1948, as amended by act May 24, 1949.
As originally enacted subsecs. (j) and (l) contained references
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
1984 - Subsec. (i). Pub. L. 98-620 struck out subsec. (i) which
provided for expeditious hearings on petitions.
1959 - Subsec. (l). Pub. L. 86-257, Sec. 704(d), included unfair
labor practices within the meaning of sections 158(e) and 158(b)(7)
of this title, and inserted proviso prohibiting the officer or
regional attorney from applying for any restraining order under
section 158(b)(7) of this title if a charge against the employer
under section 158(a)(2) of this title has been filed and after the
preliminary investigation, he has reasonable cause to believe that
such charge is true and that a complaint should issue.
Subsec. (m). Pub. L. 86-257, Sec. 706, added subsec. (m).
1958 - Subsec. (d). Pub. L. 85-791, Sec. 13(a), struck out "a
transcript of" after "until".
Subsec. (e). Pub. L. 85-791, Sec. 13(b), struck out "(including
the United States Court of Appeals for the District of Columbia)"
before ", or if all the courts", and substituted "file in the court
the record in the proceedings, as provided in section 2112 of title
28" for "certify and file in the court a transcript of the entire
record in the proceedings including the pleadings and testimony
upon which such order was entered and the findings and order of the
Board" in first sentence, in second sentence substituted "the
filing of such petition" for "such filing of" and struck out "upon
the pleadings, testimony and proceedings set forth in such
transcript" after "make and enter", in fifth sentence substituted
"member" for "members" after "before the Board, its", and
substituted "record" for "transcript", and in seventh sentence,
substituted "Upon the filing of the record with it the" for "The",
and "section 1254 of title 28" for "sections 346 and 347 of title
28".
Subsec. (f). Pub. L. 85-791, Sec. 13(c), substituted "transmitted
by the clerk of the court to" for "served upon" and "the record in
the proceeding, certified by the Board, as provided in section 2112
of title 28" for "a transcript of the entire record in the
proceeding, certified by the Board including the pleading and
testimony upon which the order complained of was entered, and the
findings and order of the Board" in second sentence, and in third
sentence substituted "the filing of such petition," for "such
filing", and struck out "exclusive" before "jurisdiction".
1947 - Act June 23, 1947, amended section generally and added
subsecs. (j) to (l) which gives the Board general power to petition
district court for temporary relief or restraining order, directs
Board to hear and determine jurisdictional strikes, and to
investigate boycotts and strikes to force recognition of an
uncertified labor union and to petition district court for
injunctive relief.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 153, 158, 159, 161, 168
of this title; title 18 section 1951; title 42 section 2297h-8.
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