the Board be modified or set aside or, in the case of a certification, that the certification be set aside. A copy of such petition shall be forthwith served upon the [Board] Administrator, and thereupon the aggrieved party shall file in the court a transcript of the entire record in the proceeding, certified by the Board, including the pleadings and testimony upon which the order complained of was entered and the findings and order or certification of the Board. Upon such filing, the court shall proceed in the same manner as in the case of an application by the [Board] Administrator under subsection (e), and shall have the same exclusive jurisdiction to grant to the [Board] petitioner such temporary relief or restraining order as it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as [so] modified, or setting aside in whole or in part the order of the Board, or affirming or setting aside the certification; and the findings of the Board as to the facts, if supported by evidence, shall in like manner be conclusive.] shall have the same weight as in the case of an application by the Administrator.

(g) The commencement of proceedings under subsection (e) or (f) of this section shall not unless specifically ordered by the court, operate as a stay of the Board's order or certification.

(h) When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified or setting aside in whole or in part an order of the Board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by the Act entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes", approved March 23, 1932 (U. S. C., title 29, secs. 101-115).

(i) Petitions filed under this Act shall be heard expeditiously, and if possible within ten days after they have been docketed.

INVESTIGATORY POWERS

SEC. 11. 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 section 9 and section 10-] any proceeding before the Board, or before a member, examiner, or examiners thercof, or for the purpose of any investigation by the Administrator under section 9—

(1) [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. Any member of the Board shall have power to issue] The Board, or any member thereof, or any trial examiner shall, upon application of the Administrator or any party to such proceedings. forthwith issue to the Administrator or to such party as the case may be, in the name of the Board, subpenas requiring the attendance and testimony of witnesses [and] or the production of any evidence [that relates to any matter under investigation or in question, before the Board, its member, agent, or agency conducting the hearing or investigation] in such proceeding 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 or its duly authorized agent or agents to revoke, and the Board, or such agent or agents. shall revoke, such subpena if in its, his, or their opinion, as the case may be, 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, his, or their opinion, as the case may be, such subpena docs not describe with sufficient particularity the evidence whose production is required. The Administrator or any member of the Board[, or any agent or agency] or any examiner or examiners 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) 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, or the [Supreme Court of] District Court of the United States for the District of Columbia, 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

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[the Board] the person to whom such a subpena was issued by the Board, shall have jurisdiction to issue to such person so guilty of contumacy or refusal to obey an order requiring_[such person] him to appear before the Board, its member, [agent, or agency,] examiner, or examiners, or before the Administrator if the subpena so directs, 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) No person shall be excused from attending or testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpena of the Board, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. (4) Complaints, orders and other process and papers [of the Board, its member, agent, or agency,] provided for in this Act may be served either personally or by registered 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 and mailed or telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Administrator or before the Board, its member, Cagent, or agency,] examiner, or examiners, 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) All process of any court to which application may be made under this Act may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.

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

[SEC. 12. Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.]

Unlawful concerted activities

Sec. 12. (a) The following activities, when affecting commerce, shall be unlawful concerted activities:

(1) By the use of force or violence or threats thereof, preventing or attempting to prevent any individual from quitting or continuing in the employment of, or from accepting or refusing employment by, any employer; or by the use of force, violence, physical obstruction, or threats thereof, preventing or attempting to prevent any individual from freely going from any place and entering upon an employer's premises, or from freely leaving an employer's premises and going to any other place; or picketing an employer's place of business in numbers or in a manner otherwise than is reasonably required to give notice of the existence of a labor dispute at such place of business; or picketing or besetting the home of any individual in connection with any labor dispute.

(2) Picketing an employer's premises for the purpose of leading persons to believe that there exists a labor dispute involving such employer, in any case in which the employees are not involved in a labor dispute with their employer. (3) Calling, authorizing, engaging in, or assisting

(A) any sympathy strike, jurisdictional strike, monopolistic strike, or illegal boycott, or any sit-down strike or other concerted interference with an employer's operations conducted by remaining on the employer's premises; (B) any strike or other concerted interference with an employer's operations, an object of which is to compel an employer to accede to featherbedding practices;

(C) any strike or other concerted interference with an employer's operations, an object of which is (i) to compel an employer to recognize for collective bargaining a representative not certified under section 9 as the representative of the employees, or (ii) to remedy practices for which an administrative remedy is available under this Act, or (iii) to compel an employer to violate any law of any regulation, order, or direction issued pursuant to any law.

(b) Any person injured in his business, person, or property by an unlawful concerted activity affecting commerce may sue the person or persons responsible therefor in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy, and may recover the damages sustained by him as a result of such unlawful concerted activity, together with the costs of the suit, including a reasonable attorney's fee.

(c) No provision of the Act of March 23, 1932, entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes", shall have any application in any action or proceeding in a court of the United States involving any activity defined in this section as unlawful.

(d) A person who is found to have engaged in any activity herein defined as an unlawful concerted activity shall be subject to deprivation of rights under this Act to the same extent as a person found to have engaged in an unfair labor practice under section 8 (b) or 8 (c).

(e) Except as specifically provided in this section, nothing in this Act shall be construed to diminish the right of employees to strike or to engage in other lawful concerted activities. No provision of this Act, and no order of any court issued hereunder, shall be construed to require any individual to perform labor or service without his consent.

[LIMITATIONS]

[SEC. 13. Nothing in this Act shall be construed so as to interfere with or impede or diminish in any way the right to strike.

[SEC. 14. Wherever the application of the provisions of section 7 (a) of the National Industrial Recovery Act (U. S. C., Supp. VII, title 15, sec. 707 (a)), as amended from time to time, or of section 77B, paragraphs (1) and (m) of the Act approved June 7, 1934, entitled "An Act to amend an Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States' approved July 1, 1898, and Acts amendatory thereof and supplementary thereto" (48 Stat. 922, pars. (1) and (m), as amended from time to time, or of Public Resolution Numbered 44, approved June 19, 1934 (48 Stat. 1183), conflicts with the application of the provisions of this Act, this Act shall prevail: Provided, That in any situation where the provisions of this Act cannot be validly enforced, the provisions of such other Acts shall remain in full force and effect.]

[SEC. 15.] Sec. 13. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of [this] the Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. [SEC. 16.] Sec 14. This Act may be cited as the "National Labor Relations Act".

SECTION 20 OF THE ACT ENTITLED "AN ACT TO SUPPLEMENT EXISTING LAWS AGAINST UNLAWFUL_RESTRAINTS AND MONOPOLIES, AND FOR OTHER PURPOSES”, APPROVED OCTOBER 15, 1914

And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from. any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from

doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States: Provided, That nothing in this paragraph shall be construcd in any proceeding, civil or criminal, under the antitrust laws to make lawful any combination, contract, or conspiracy in restraint of trade having as its purpose one or more of the objects which are defined in section 6 as not being legitimate objects of a labor organization.

ACT OF OCTOBER 15, 1914, ENTITLED "AN ACT TO SUPPLEMENT EXISTING LAWS AGAINST UNLAWFUL RESTRAINTS AND MONOPOLIES, AND FOR OTHER PURPOSES" SEC. 6. The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws: Provided, however, That it shall not be within the legitimate objects of labor organizations or the officers, representatives, or members thereof, to make any contract, or to engage in any combination or conspiracy, in restraint of commerce if one of the purposes or a necessary effect of such contract, combination, or conspiracy is to join or combine with any person to fix prices, allocate customers, restrict production, distribution, or competition, or impose restrictions or conditions, upon the purchase, sale, or use of any product, material, machine, or equipment, or to engage in any concerted activity declared to be unlawful under section 12 of the National Labor Relations Act, as amended.

FEDERAL CORRUPT PRACTICES ACT, 1925

SEC. 313. It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which Presidential and Vice Presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to Congress are to be voted for, or in connection with any primary election or political convention held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section. Every corporation or labor organization which makes any contribution or expenditure in violation of this section shall be fined not more than $5,000; and every officer or director of any corporation, or officer of any labor organization, who consents to any contribution or expenditure by the corporation or labor organization, as the case may be, in violation of this section shall be fined not more than $1,000 or imprisoned for not more than one year, or both. For the purposes of this section "labor organization" shall have the same meaning as under the National Labor Relations Act.

MINORITY REPORT

INTRODUCTORY

As the minority of this committee we protest most strongly against the tactics adopted by the majority in reporting out this bill. No general meetings of the committee were held to discuss the proposed measure and we have therefore had no opportunity to make our views known. We first received copies of the bill on April 10, 1947, with a statement that any minority report which we cared to submit should be available by April 12. Since the proposed committee bill contained 66 pages of text, covering proposals which have the most far-reaching consequences upon our industrial and labor policies, upon the development of relations between the Federal Government and the States, upon the functioning of important departments of the Government and upon the well-being of our people, it has been manifestly impossible for us, in preparing this minority report, to consider its provisions with the deliberation which the importance of the subject requires. Hence, we do not consider this in any sense a committee bill. It does not, however, require mature reflection to realize that these proposals are deliberately designed to wreck the living standards of the American people. Under the false guise of "correcting labor abuses" this bill is designed to so weaken, as in effect to repeal, the National Labor Relations Act. By making practically all strikes unlawful it repeals the Norris-LaGuardia Act, signed by President Hoover. By removing the protection of the Clayton Act from practically all trade-union activity, it makes trade-unions and their members subject to suits for treble damages under the Sherman Antitrust Act of 1890. It revives the common law doctrine of conspiracy against workers who band together to protect their living standards and thereby throws the law back to where it was in England in the late 1700's. This bill does not merely wipe out labor's gains under the beneficent administration of President Roosevelt; it turns the clock of history back at least a century and a half and eliminates safeguards and protections which both Republican and Democratic Congresses have sponsored for generations.

It undertakes to do this at a time when rising price levels have begun to squeeze the American worker dry. It does not propose, as the answer to our economic problems, the hope of a rising standard of living made possible by our enormously increased productivity. It does not propose to treat with fairness those millions of American workers who contributed so signally to our victory in war and our reconversion to peace. It only proposes to swell the coffers of gigantic industrial combinations by rendering labor impotent.

By placing heavy penalties upon industry-wide bargaining this bill forces workers to compete with each other to see which can work for the lowest wages. It forces the fair-minded employer to cut his wages

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