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SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in sections 36-701, 46-313 of the District of Columbia Code.

§ 49k. Rules and regulations.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in sections 36-701, 46-313 of the District of Columbia Code.

Chapter 4C.-APPRENTICE LABOR

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 38 section 1701. § 50. Promotion of labor standards of apprenticeship.

The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Office of Education under the Department of Health, Education, and Welfare in accordance with section 17 of Title 20. For the purposes of this chapter the term "State" shall include the District of Columbia. (As amended Dec. 24, 1973, Pub. L. 93-198, title II, § 204 (h), 87 Stat. 784.)

AMENDMENTS

1973-Pub. L. 93-198 added provision that the term "State" includes the District of Columbia.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-198 effective July 1, 1974, see section 771 (b) of Pub. L. 93-198, set out in part as a note under section 49b of this title.

§ 50a. Publication of information; national advisory committees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 1787.

Chapter 5.-LABOR DISPUTES; MEDIATION AND INJUNCTIVE RELIEF

§ 52. Statutory restriction of injunctive relief. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 755.

§ 53. "Person" or "persons" defined.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 755.

Chapter 7.-LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I.-GENERAL PROVISIONS

§ 141. Short title; Congressional declaration of purpose and policy.

EXECUTIVE ORDER No. 10918

Ex. Ord. No. 10918, Feb. 16, 1961, 26 F.R. 1427, set out as a note under this section, which established the President's Advisory Committee on Labor-Management Policy, was revoked by Ex. Ord. No. 11710, Apr. 4, 1973, 38 F.R. 9071, set out as a note under this section.

Ex. ORD. NO. 11710. NATIONAL COMMISSION FOR

INDUSTRIAL PEACE

Ex. Ord. No. 11710, Apr. 4, 1973, 38 F.R. 9071, as amended by Ex. Ord. No. 11729, July 12, 1973, 38 F.R. 18863, provided:

By virtue of the authority vested in me as President of the United States and pursuant to the Economic Stabilization Act of 1970, as amended [set out as a note under section 1904 of Title 12, Banks and Banking], the Federal Advisory Committee Act [set out in Title 5, Appendix, Government Organization and Employees], and section 301 of title 3 of the United States Code, it is hereby ordered as follows:

SECTION 1. There is hereby established a National Commission for Industrial Peace (hereinafter referred to as the Commission).

SEC. 2. The Commission shall consist of a Chairman to be appointed by the President, and such members representing labor, management, and the public at large as the President may, from time to time, appoint.

SEC. 3. (a) The Commission shall explore methods by which labor and management may best reconcile their differences through the collective bargaining process consistent with the public interest in the outcome of negotiations; investigate means by which the Government may be most helpful in achieving this goal; encourage labor and management representatives in particular industries or sectors to develop and implement procedures to facilitate resolution of disputes and constructive bargaining in the public interest; and make recommendations to the President concerning these and related matters.

(b) The Commission shall establish additional labormanagement-public advisory panels with respect to particular sectors of the economy to provide special expertise to the Commission and to develop programs in these particular sectors.

(c) The Commission shall convene at the call of the Chairman or the President or the President's designee. SEC. 4. The Department of Labor, the Department of Commerce, and the Cost of Living Council, to the extent permitted by law, shall provide support and technical assistance for the Commission. The Cost of Living Council shall perform such other functions with respect to the Commission as may be required by the provisions of the Federal Advisory Committee Act (Public Law 92-463; 86 Stat. 770 [Appendix I of Title 5, Government Organization and Employees]).

SEC. 5. To assist the Commission, the Secretary of Labor, the Secretary of Commerce, the Chairman and the Director of the Cost of Living Council, and the Director of the Federal Mediation and Conciliation Service shall be ex officio members available to the Commission for advice and consultation.

SEC. 6. The President's Advisory Committee on LaborManagement Policy is hereby abolished and Executive Order No. 10918 of February 16, 1961, is revoked.

RICHARD NIXON

SUBCHAPTER II.-NATIONAL LABOR

RELATIONS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 186 of this title.

§ 161. Investigatory powers of Board.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 2000e-9.

SUBCHAPTER III.-CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES

§ 171. Declaration of purpose and policy.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and

Budget. See Office of Management and Budget note set out under this section in the main volume.

§ 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service.

Ex. ORD. No. 11621. CREATION OF BOARD OF INQUIRY Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as amended by Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491, provided:

WHEREAS, there exist certain labor disputes between employers (or associations by which such employers are represented in collective bargaining conferences) who are (1) steamship companies operating ships or employed as agents for ships engaged in service from or to Atlantic, Pacific, Great Lakes, and Gulf Coast ports of the United States, or from or to other ports of the United States or its territories or possessions, (2) contracting stevedores, (3) contracting marine carpenters, (4) lighterage operators, or (5) other employers engaged in related or associated pier activities, and certain of their employees represented by the International Longshoremen's Association, AFL-CIO; the International Association of Machinists and Aerospace Workers, AFL-CIO and District Lodge 94 and Local Lodge 1484 thereof; and the International Longshoremen's and Warehousemen's Union; and WHEREAS, Such disputes have resulted in strikes on Pacific, Atlantic, Great Lakes, and Gulf Coast ports of the United States which if permitted to continue will, in my opinion, affect a substantial part of the maritime industry, and industry engaged in trade, commerce, transportation, transmission, or communication among the several States and with foreign nations, and will imperil the national health and safety.

Now, THEREFORE, by virtue of the authority vested in me by Section 206 of the Labor-Management Relations Act, 1947 (61 Stat. 155; 29 U.S.C. 176), I hereby create a Board of Inquiry, consisting of:

J. Keith Mann, Chairman

Paul Hanlon

Jacob Seidenberg

Rolf Valtin

as Members, whom I hereby appoint to inquire into the issues involved in such disputes.

The Board shall have powers and duties as set forth in Title II of such Act [section 171 et seq. of this title]. The Board shall report to the President in accordance with the provisions of Section 206 of such Act on or before October 6, 1971.

Upon the submission of its report, the Board shall continue in existence to perform such other functions as may be required under such Act.

RICHARD NIXON.

SUBCHAPTER IV.-LIABILITIES OF AND RESTRICTIONS ON LABOR AND MANAGEMENT

§ 186. Restrictions on payments and loans to employee representatives, labor organizations, officers and employees of labor organizations, and to employees or groups or committees of employees; exceptions; penalties; jurisdiction; effective date; exception of certain trust funds.

(c) The provisions of this section shall not be applicable (1) in respect to any money or other thing of value payable by an employer to any of his employees whose established duties include acting openly for such employer in matters of labor relations or personnel administration or to any representative of his employees, or to any officer or employee of a labor organization, who is also an employee or former employee of such employer, as compensation for, or by reason of, his service as an employee of such employer; (2) with respect to the payment or delivery of any money or other thing of value in satisfaction of a judgment of any court or a decision or award of an arbitrator or impartial

chairman or in compromise, adjustment, settlement, or release of any claim, complaint, grievance, or dispute in the absence of fraud or duress; (3) with respect to the sale or purchase of an article or commodity at the prevailing market price in the regular course of business; (4) with respect to money deducted from the wages of employees in payment of membership dues in a labor organization: Provided, That the employer has received from each employee, on whose account such deductions are made, a written assignment which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable collective agreement, whichever occurs sooner; (5) with respect to money or other thing of value paid to a trust fund established by such representative, for the sole and exclusive benefit of the employees of such employer, and their families and dependents (or of such employees, families, and dependents jointly with the employees of other employers making similar payments, and their families and dependents): Provided, That (A) such payments are held in trust for the purpose of paying, either from principal or income or both, for the benefit of employees, their families and dependents, for medical or hospital care, pensions on retirement or death of employees, compensation for injuries or illness resulting from occupational activity or insurance to provide any of the foregoing, or unemployment benefits or life insurance, disability and sickness insurance, or accident insurance; (B) the detailed basis on which such payments are to be made is specified in a written agreement with the employer, and employees and employers are equally represented in the administration of such fund, together with such neutral persons as the representatives of the employers and the representatives of employees may agree upon and in the event the employer and employee group deadlock on the administration of such fund and there are no neutral persons empowered to break such deadlock, such agreement provides that the two groups shall agree on an impartial umpire to decide such dispute, or in event of their failure to agree within a reasonable length of time, an impartial umpire to decide such dispute shall, on petition of either group, be appointed by the district court of the United States for the district where the trust fund has its principal office, and shall also contain provisions for an annual audit of the trust fund, a statement of the results of which shall be available for inspection by interested persons at the principal office of the trust fund and at such other places as may be designated in such written agreement; and (C) such payments as are intended to be used for the purpose of providing pensions or annuities for employees are made to a separate trust which provides that the funds held therein cannot be used for any purpose other than paying such pensions or annuities; (6) with respect to money or other thing of value paid by any employer to a trust fund established by such representative for the purpose of pooled vacation, holiday, severance or similar benefits, or defraying costs of apprenticeship or other training programs: Provided, That the requirements of clause (B) of the proviso to clause (5) of this subsection shall apply to such

trust funds; (7) with respect to money or other thing of value paid by any employer to a pooled or individual trust fund established by such representative for the purpose of (A) scholarships for the benefit of employees, their families, and dependents for study at educational institutions, or (B) child care centers for preschool and school age dependents of employees: Provided, That no labor organization or employer shall be required to bargain on the establishment of any such trust fund, and refusal to do so shall not constitute an unfair labor practice: Provided further, That the requirements of clause (B) of the proviso to clause (5) of this subsection shall apply to such trust funds; or (8) with respect to money or any other thing of value paid by any employer to a trust fund established by such representative for the purpose of defraying the costs of legal services for employees, their families, and dependents for counsel or plan of their choice: Provided, That the requirements of clause (B) of the proviso to clause (5) of this subsection shall apply to such trust funds: Provided further, That no such legal services shall be furnished: (A) to initiate any proceeding directed (i) against any such employer or its officers or agents except in workman's compensation cases, or (ii) against such labor organization, or its parent or subordinate bodies, or their officers or agents, or (iii) against any other employer or labor organization, or their officers or agents, in any matter arising under subchapter II of this chapter or this chapter; and (B) in any proceeding where a labor organization would be prohibited from defraying the costs of legal services by the provisions of the Labor-Management Reporting and Disclosure Act of 1959.

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or service establishment which is under independent ownership shall not be deemed to be so operated or controlled as to be other than a separate and distinct enterprise by reason of any arrangement, which inIcludes, but is not necessarily limited to, and agreement, (1) that it will sell, or sell only, certain goods specified by a particular manufacturer, distributor, or advertiser, or (2) that it will join with other such establishments in the same industry for the purpose of collective purchasing, or (3) that it will have the exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area, or by reason of the fact it occupies premises leased to it by a person who also leases premises to other retail or service establishments. For purposes of this subsection, the activities performed by any person or persons

(1) in connection with the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit), or

(s) "Enterprise engaged in commerce or in the production of goods for commerce" means an enterprise which has employees engaged in commerce or in the production of goods for commerce, including employees handling, selling, or otherwise working on goods that have been moved in or produced for commerce by any person, and which—

(4) is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, a preschool, elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit).

(As amended June 23, 1972, Pub. L. 92-318, title IX, § 906 (b) (2), (3), 86 Stat. 375.)

AMENDMENTS

1972 Subsec. (r) (1). Pub. L. 92-318, § 906 (b) (2), inserted reference to a preschool.

Subsec. (s) (4). Pub. L. 92-318, § 906 (b) (3), inserted reference to a preschool.

§ 206. Minimum wage.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 821, 848 of this title; title 5 sections 5343, 5349; title 42 sections 300e-9, 431, 3061, 4881.

§ 213. Exemptions.

(a) The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to

(As amended June 23, 1972, Pub. L. 92-318, title IX, § 906(b) (1), 86 Stat. 375.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-318 inserted "(except subsection (d) in the case of paragraph (1) of this subsection)" following introductory text "sections 206".

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 845, 848 of this This sections 5343, 5349; title 42 sections 300e--9, 3061, 4876, 4881.

§ 215. Prohibited acts; prima facie evidence. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 300e-9.

Chapter 10.-DISCLOSURE OF WELFARE AND PENSION PLANS

§ 308e. Advisory Council.

TERMINATION OF ADVISORY COUNCILS Advisory Councils in existence on January 5, 1973, to terminate not later than the expiration of the twoyear period following January 5, 1973, unless, in the case of a Council established by the President or an officer of the Federal Government, such Council is renewed by appropriate action prior to the expiration of such twoyear period, or in the case of a Council established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in Appendix to Title 5, Government Organization and Employees.

Chapter 11.-LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 186 of this title; title 42 section 2000e.

Chapter 14.-AGE DISCRIMINATION IN

EMPLOYMENT

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 3012.

§ 631. Age limits.

The prohibitions in this chapter shall be limited to individuals who are at least forty years of age but less than sixty-five years of age. (Pub. L. 90-202, § 12, Dec. 15, 1967, 81 Stat. 607.)

Chapter 15.-OCCUPATIONAL SAFETY AND

HEALTH

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 2080. § 655. Standards.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 1942.

§ 667. State jurisdiction and plans.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 1942.

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(a) Annual State plans; general and specific requirements.

(1) State agency for plan administration, designation; separate agencies for services to the blind and for other services; joint program; political subdivision participation, waiver; qualification of State agency.

(2) State rehabilitation bureau; director;
staff; major organization status; sepa-
rate units for services to the blind and
for other services.

(3) State financial participation.
(4) Political subdivision participation,
waiver; regulations; funds of local
agency for non-Federal share of cost
of services.

(5) Plans, policies, and methods for execu-
tion, administration, and supervision
of State plan; expansion and improve-
ment of services; priorities in order of
selection; achievement of outcome and
service goals.

(6) Methods of administration.
(7) Personnel standards;

State

licensure

laws and regulations; minimum standards for facilities and personnel utilized in providing rehabilitation services.

(8) Consideration of eligibility for similar benefits under any other program.

(9) Individualized written rehabilitation program.

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(a) Annual State plans;-Continued
(10) Reports of State agency; form; scope
of information; time of report; cor-
rection and verification.

(11) Intergovernmental cooperation.
(12) Community resources; utilization.
(13) Disabled Federal employees; disabled
public safety officers.

(14) Residency requirement; prohibition.
(15) Continuing studies.

(16) Employment review and reevaluation. (17) State facilities, construction, Federal share of construction costs; general grant and contract requirements applicable; nonreduction of other rehabilitation services.

(18) Policy planning; trainee participation. (19) Amendments; continuing studies and annual evaluation as basis.

(b) Approval or disapproval by Secretary; notice and hearing.

(c) Noncompliance; payment limitation.

(d) Judicial review; venue; record; agency action provisions applicable.

722. Individualized written rehabilitation program. (a) Joint development by counselor or coordinator and handicapped individual; goods and services for handicapped individual: terms and conditions, rights and remedies.

(b) Annual review; joint redevelopment of terms; scope of program.

(c) Determination and achievement of vocational goal; decision respecting potential and capability of achievement annual review of decision.

723. Scope of vocational rehabilitation services. (a) Individual services.

(b) Group services.

724. Non-Federal share for construction.

PART B.-BASIC VOCATIONAL REHABILITATION SERVICES 730. State allotments.

(a) Computation; minimum amount; adjust

ments.

(b) Additional payments; authorization of additional appropriations.

(c) Unused funds; redistribution; increase in

amount.

731. Payment to States.

(a) Amount.

(b) Method of computation and payment. 732. Client assistance.

(a) Amount of assistance for regional pilot projects; duties of counselors.

(b) Regulations; requirements.

(1) Employment or benefit duplication.
(2) Access to policymaking and administra-
tive personnel.

(3) Annual reports; summary of accom-
plishments; statistical tabulation of
cases; submittal to Congressional
committees.

(4) Graduate student services.

(5) Availability of adequate services; availment of such services without discouragement.

(6) State agency for project funding, administration, and operation.

PART C.-INNOVATION AND EXPANSION GRANTS

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(e) Premium and appraisal charges; annual payment in advance; limitation.

(f) Release of property from lien; terms and conditions.

(g) Functions, powers, and duties of Secretary; formal delegation agreement for delegation of functions; rental housing insurance provisions applicable.

(h) Rehabilitation Facilities Insurance Fund; establishment; revolving fund; charges for general operational expenses of Rehabilitation Services Administration relating to insured mortgages; deposit in Treasury or investment of unused funds; debentures,

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