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