Page:United States Statutes at Large Volume 68 Part 1.djvu/812

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780

29 USC 167.

29 USC 159.

29 USC 159.

29 USC 159.

Separability.

PUBLIC LAW 638-AUG. 24, 1954

S T AT.

"(1) act as representative of any employee within the meaning or for the purposes of section 7 of the National Labor Relations Act, as amended (29 U.S.C. 157); "(2) serve as an exclusive representative of employees of any bargaining unit under section 9 of such Act, as amended (29 U.S.C. 159); "(3) make, or obtain any hearing upon, any charge under section 10 of such Act (29 U.S.C. 160); or "(4) exercise any other right or privilege, or receive any other benefit, substantive or procedural, provided by such Act for labor organizations. " (i) When an order of the Board determining that any such labor organization is a Communist-infiltrated organization has become final, and such labor organization theretofore has been certified under the National Labor Relations Act, as amended, as a representative of employees in any bargaining unit— "(1) a question of representation affecting commerce, within the meaning of section 9(c) of such Act, shall be deemed to exist with respect to such bargaining unit; and "(2) the National Labor Relations Board, upon petition of not less than 20 per centum of the employees in such bargaining unit or any person or persons acting in their behalf, shall under section 9 of such Act (notwithstanding any limitation of time contained therein) direct elections in such bargaining unit or any subdivision thereof (A) for the selection of a representative thereof for collective bargaining purposes, and (B) to determine whether the employees thereof desire to rescind any authority previously granted to such labor organization to enter into any agreement with their employer pursuant to section 8(a)(3) (ii) of such Act. "(j) When there is in effect a final order of the Board determining that any such employer is a Communist-infiltrated organization, such employer shall be ineligible to— "^1) file any petition for an election under section 9 of the National Labor Relations Act, as amended (29 U.S.C. 157), or participate in any proceeding under such section; or "(2) make or obtain any hearing upon any charge under section 10 of such Act (29 U.S.C. 160); or "(3) exercise any other right or privilege or receive any other benefit, substantive or procedural, provided by such Act for employers." SEC. 11. Subsections (a) and (b) of section 14 of such Act (50 U.S.C. 793) are amended by inserting in each such subsection, immediately after the words "section 13", a comma and the following: "or subsection (f) of section 13A,". SEC. 12. If any provision of this title or the application thereof to any person or circumstances is held invalid, the remainder of the title, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Approved August 24, 1954, 9:40 a.m., M.S.T. Public Law 638

August 24, 1954 [H. R. 5314]

[68

CHAPTER 887

AN ACT ipQ extend the coverage of the Servicemen's Indemnity Act to members of the Reserve Officers' Training Corps when ordered to active training duty for periods in excess of fourteen days.

Be it enacted by the Senate and House of Representatives

of the