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29 U.S.C. § 161Investigatory powers of Board

submitted 91 years ago by ch. 372 to r/title-29-LABOR · 691 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Board can investigate and hold hearings using the powers given in sections 159 and 160. The Board can examine and copy evidence, and issue subpoenas for witnesses and documents. A court can force someone to obey a subpoena if they refuse. The Board must get help from other federal agencies when the President directs it.

This section gives the National Labor Relations Board power to investigate, for any hearing or investigation that, in the Board's opinion, is necessary and proper to use the powers given to it under sections 159 and 160 of this title. (1) Evidence and subpoenas. The Board, or its authorized agents or agencies, can, at all reasonable times, access and copy evidence connected to a matter under investigation, belonging to any person being investigated or proceeded against. If any party to a proceeding applies, the Board (or any Board member) must issue a subpoena requiring witnesses to attend and testify, or requiring evidence to be produced, for that proceeding or investigation. Someone required to produce evidence under a subpoena has five days after being served to petition the Board to revoke it. The Board must revoke the subpoena if, in the Board's opinion, the required evidence doesn't relate to any matter under investigation or in question, or if the subpoena doesn't describe the required evidence with enough particularity. Any Board member, or any agent or agency the Board designates, may administer oaths and affirmations, examine witnesses, and receive evidence. Witnesses can be required to attend, and evidence required to be produced, from anywhere in the United States or its territories or possessions, at whatever place the hearing is designated. (2) Court aid. If someone refuses to obey a subpoena (shows "contumacy or refusal"), the Board can apply to a federal district court — in the district where the investigation is carried on, or where the disobedient person is found, resides, or does business — for an order requiring that person to appear before the Board, produce evidence, and give testimony about the matter under investigation. If the person still fails to obey the court's order, the court may punish them for contempt. (3) Repealed. Congress repealed this paragraph in 1970. (4) Serving papers; witness fees. Complaints, orders, and other Board papers may be served in person, by registered or certified mail, by telegraph, or by leaving a copy at the person's main office or place of business. A signed return from whoever served the papers, describing how service happened, proves that service; a post office or telegraph receipt for registered, certified, or telegraphed service is also proof of service. Witnesses summoned before the Board receive the same fees and mileage paid to witnesses in federal court, and people whose depositions are taken, and the people who take those depositions, receive the same fees paid for similar services in federal court. (5) Where process may be served. Any court process arising under this subchapter may be served in the judicial district where the person required to be served resides or can be found. (6) Help from other agencies. When directed by the President, federal departments and agencies must furnish the Board, on its request, all records, papers, and information they have relating to any matter before the Board.
the actual law source: uscode.house.gov ↗public domain

For the purpose of all hearings and investigations, which, in the opinion of the Board, are necessary and proper for the exercise of the powers vested in it by sections 159 and 160 of this title—

(1) Documentary evidence; summoning witnesses and taking testimony

The Board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The Board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceedings or investigation requested in such application. Within five days after the service of a subpena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board shall revoke, such subpena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency designated by the Board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.

(2) Court aid in compelling production of evidence and attendance of witnesses

In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States courts of any Territory or possession, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(3) Repealed. Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930

(4) Process, service and return; fees of witnesses

Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered or certified mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered or certified and mailed or when telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

(5) Process, where served

All process of any court to which application may be made under this subchapter may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.

(6) Information and assistance from departments

The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board.

Source credit: (July 5, 1935, ch. 372, § 11, 49 Stat. 455; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 150; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930; Pub. L. 86–507, § 1(57), June 11, 1960, as added Pub. L. 96–245, May 21, 1980, 94 Stat. 347.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of July 5, 1935, ch. 372 · 49 Stat. 455
  • 1947Amended · Act of June 23, 1947, ch. 120 · 61 Stat. 150
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
  • 1970Amended · Pub. L. 91-452 · 84 Stat. 930
  • 1960Amended · Pub. L. 86-507 · 94 Stat. 347

A history note hasn’t been published yet. The record shows enactment by ch. 372 on 1935-07-05.

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