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U.S. Code as of:
01/19/04
Section 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.
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