1 the person required to be served. The verified return by 2 the individual so serving the same setting forth the manner 3 of such service shall be proof of the same, and the return 4 post-office receipt or telegraph receipt therefor when reg5 istered and mailed or telegraphed as aforesaid shall be 6 proof of service of the same. Witnesses summoned before 7 the Administrator or before the Board, its member, exam8 iner, or examiners, shall be paid the same fees and mileage 9 that are paid witnesses in the courts of the United States, 10 and witnesses whose depositions are taken and the persons 11 taking the same shall severally be entitled to the same 12 fees as are paid for like services in the courts of the United 13 States.

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"(5) All process of any court to which application 15 may be made under this Act may be served in the judicial 16 district wherein the defendant or other person required to 17 be served resides or may be found.

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"(6) The several departments and agencies of the 19 Government, when directed by the President, shall furnish 20 the Administrator, upon his request, all records, papers, 21 and information in their possession relating to any matter. 22 before the Board.

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"UNLAWFUL CONCERTED ACTIVITIES

24 "SEC. 12. (a) The following activities, when affecting 25 commerce, shall be unlawful concerted activities:

1 "(1) By the use of force or violence or threats thereof, 2 preventing or attempting to prevent any individual from 3 quitting or continuing in the employment of, or from accept4 ing or refusing employment by, any employer; or by the 5 use of force, violence, physical obstruction, or threats thereof, 6 preventing or attempting to prevent any individual from 7 freely going from any place and entering upon an employer's 8 premises, or from freely leaving an employer's premises and 9 going to any other place; or picketing an employer's place 10 of business in numbers or in a manner otherwise than is rea11 sonably required to give notice of the existence of a labor 12 dispute at such place of business; or picketing or besetting 13 the home of any individual in connection with any labor 14 dispute.

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"(2) Picketing an employer's premises for the purpose 16 of leading persons to believe that there exists a labor dispute 17 involving such employer, in any case in which the employees are not involved in a labor dispute with their employer.

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"(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;

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"(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 or any regulation, order, or direction issued pursuant to any law.

"(b) Any person injured in his business, person, or 15 property by an unlawful concerted activity affecting com16 merce may sue the person or persons responsible therefor 17 in any district court of the United States having jurisdiction 18 of the parties, without regard to the amount in controversy, 19 and may recover the damages sustained by him as a result 20 of such unlawful concerted activity, together with the costs 21 of the suit, including a reasonable attorney's fee.

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"(c) No provision of the Act of March 23, 1932, en

23 titled 'An Act to amend the Judicial Code and to define and

24 limit the jurisdiction of courts sitting in equity, and for other

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1 purposes', shall have any application in any action or pro2 ceeding in a court of the United States involving any ac3 tivity defined in this section as unlawful.

4 "(d) A person who is found to have engaged in any 5 activity herein defined as an unlawful concerted activity 6 shall be subject to deprivation of rights under this Act to the 7 same extent as a person found to have engaged in an unfair 8 labor practice under section 8 (b) or 8 (c).

9 "(e) Except as specifically provided in this section. 10 nothing in this Act shall be construed to diminish the right of 11 employees to strike or to engage in other lawful concerted 12 activities. No provision of this Act, and no order of any 13 court issued hereunder, shall be construed to require any 14 individual to perform labor or service without his consent.

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"SEC. 13. Nothing in this Act shall be construed to in16 validate any State law or constitutional provision which 17 restricts the right of an employer to make agreements with 18 labor organizations requiring as a condition of employment 19 membership in such tabor organization, and all such agree20 ments, insofar as they purport to impose such requirements 21 contrary to the provisions of the law or constitution of any 22 State, are hereby divested of their character as a subject 23 of regulation by Congress under its power to regulate commerce among the several States and with foreign nations. 25 to the extent that such agreements shall, in addition to being

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1 subject to any applicable preventive provisions of this Act,

2 be subject to the operation and effect of such State laws and

3 constitutional provisions as well.

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"SEPARABILITY

"SEC. 14. If any provision of this Act, or the appli

6 cation thereof to any person or circumstance, shall be held 7 invalid, the remainder of the Act, or the application of such 8 provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

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"SHORT TITLE

"SEC. 44 15. This Act may be cited as the National

Labor Relations Act'."

ABOLITION OF NATIONAL LABOR RELATIONS BOARD;

EFFECTIVE DATE OF CERTAIN CHANGES

SEC. 102. (a) For the purposes of this section, the term 16 "new Act" means the National Labor Relations Act as 17 amended by this title, and the term "old Act" means the 18 National Labor Relations Act prior to such amendment. 19 (b) The National Labor Relations Board created under 20 section 3 of the old Act is abolished, effective thirty days 21 after the date upon which a majority of the members of the 22 Labor-Management Relations Board created under section 23 3 of the new Act have qualified and taken office, or ninety 24 days after the date of the enactment of this Act, which25 ever date first occurs, Until the date проп which the