29 U.S.C. § 183 — Conciliation of labor disputes in the health care industry

submitted 79 years ago by Pub. L. 93-360 to r/title-29-LABOR · 469 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a strike or lockout at a health care facility would seriously disrupt patient care, the Director of the Federal Mediation and Conciliation Service can set up a neutral Board of Inquiry to investigate and recommend a settlement. Board members are paid, and no side can change working conditions while the board works and for 15 days after its report.

(a) Establishment of Boards of Inquiry; membership. If the Director of the Federal Mediation and Conciliation Service believes a threatened or actual strike or lockout at a health care institution will seriously disrupt health care in that area, the Director may set up an impartial Board of Inquiry. This must happen within 30 days after the required notice under section 158(d)(3)(A), or within 10 days after the notice under 158(d)(3)(B). The Board investigates the dispute and, within 15 days of being set up, gives the parties a written report with findings of fact and recommendations aimed at a quick, fair settlement. The Director decides how many people sit on the Board. No member may have any personal stake in the health care institutions or unions involved. (b) Compensation of members of Boards of Inquiry. (1) Board members who already work for the federal government serve without pay, but they're reimbursed for travel, food, and other expenses tied to their Board work. (2) Board members who don't already work for the federal government are paid at a daily rate the Director sets — no higher than the top General Schedule GS-18 daily rate — for each day worked, plus reimbursement for travel, food, and other expenses. (c) Maintenance of status quo. Once a Board is set up, and for 15 days after it issues its report, neither side may change the working conditions that existed before the old contract expired (for a contract renewal) or before the impasse began (for a first-time negotiation) — unless both sides agree to the change. (d) Authorization of appropriations. Congress may appropriate whatever money is needed to carry out this section.

the actual law source: uscode.house.gov ↗public domain

(a) Establishment of Boards of Inquiry; membership

If, in the opinion of the Director of the Federal Mediation and Conciliation Service, a threatened or actual strike or lockout affecting a health care institution will, if permitted to occur or to continue, substantially interrupt the delivery of health care in the locality concerned, the Director may further assist in the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 158(d) of this title (which is required by clause (3) of such section 158(d) of this title), or within 10 days after the notice under clause (B), an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the parties within fifteen (15) days after the establishment of such a Board. The written report shall contain the findings of fact together with the Board’s recommendations for settling the dispute, with the objective of achieving a prompt, peaceful and just settlement of the dispute. Each such Board shall be composed of such number of individuals as the Director may deem desirable. No member appointed under this section shall have any interest or involvement in the health care institutions or the employee organizations involved in the dispute.

(b) Compensation of members of Boards of Inquiry

(1)

Members of any board established under this section who are otherwise employed by the Federal Government shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out its duties under this section.

(2)

Members of any board established under this section who are not subject to paragraph (1) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, including travel for each day they are engaged in the performance of their duties under this section and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section.

After the establishment of a board under subsection (a) of this section and for 15 days after any such board has issued its report, no change in the status quo in effect prior to the expiration of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial bargaining negotiation, except by agreement, shall be made by the parties to the controversy.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

Source credit: (June 23, 1947, ch. 120, title II, § 213, as added Pub. L. 93–360, § 2, July 26, 1974, 88 Stat. 396.)

history & why it existsrecord from the source credit

1947Enacted · Pub. L. 93-360 · 88 Stat. 396

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-360 on 1947-06-23.

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