1 it shall have jurisdiction to enjoin such acts or practices and 2 to make such other orders consistent with the continued 3 maintenance of such services as it deems appropriate. Such 4 orders may include provisions to facilitate the voluntary set5 tlement of the dispute. Any settlement of the dispute shall 6 be retroactive to the date of the issuance of the injunction, 7 or to the date of the expiration of any applicable contract, 8 whichever of such dates last occurs.

9 (b) In any such case, the provisions of the Act of March 10 23, 1932, entitled "An Act to amend the Judicial Code 11 and to define and limit the jurisdiction of courts sitting in 12 equity, and for other purposes", shall not be applicable.

13

(c) The order or orders of the court shall be subject to 14 review by the appropriate circuit court of appeals and by the 15 Supreme Court upon writ of certiorari or certification as 16 provided in sections 239 and 240 of the Judicial Code, as 17 amended (U. S. C., title 28, secs. 346 and 347).

18 (d) Nothing in this section shall be construed to author19 ize any court to require any individual to render labor or 20 service without his consent, or to forbid any individual from

21 quitting his employment.

223

SEC. 204. (a) Whenever a district court has issued an 23 order under section 203 enjoining acts or practices which 24 imperil, or imminently threaten to imperil, the public health, 25 safety, or interest, it shall be the duty of the parties to the

1 labor dispute giving rise to such order, for a period of thirty 2 days following the issuance of such order, to make every 3 effort to adjust and settle their differences, and to that end 4 to utilize conciliation and mediation assistance of the United 5 States Conciliation Service of the Department of Labor 6 Director of Conciliation, if either party requests it. Neither 7 party shall be under any duty, however, to accept either in 8 whole or in part any proposal of settlement made by any 9 conciliator or mediator.

10

(b) At the end of such thirty-day period (unless the 11 dispute has been settled by that time), the National Labor 12 Relations Board Administrator of the National Labor 13 Relations Act shall provide for the taking of a secret ballot 14 of the employees of each employer involved in the dispute 15 on the question of (1) whether the employees of any 16 employer desire to accept their employer's offer of settle17 ment then current, and (2) if they do so desire, what 18 person or persons, if any, they desire to designate as their 19 representative to embody their acceptance in a contract 20 with their employer. If a majority of the employees of 21 any employer vote in favor of accepting their employer's 22 offer, the person or persons, if any, designated by them to 23 embody their acceptance in a contract with the employer 24 shall be treated for all purposes as their representative for 25 collective bargaining. The National Labor Relations Board

1 Administrator of the National Labor Relations Act shall 2 utilize appropriate local governmental agencies for the super3 vision of the taking of secret ballots under this subsection, 4 whenever such agencies are willing to undertake that 5 function.

6 (c) If the dispute is not settled by the procedure 7 prescribed in subsection (b), the Secretary of Labor Director 8 of Conciliation shall notify the chief justice of the United 9 States Court of Appeals for the District of Columbia, who 10 shall thereupon convene a special advisory settlement board 11 of three members, consisting of himself as chairman, and two 12 other members, one of whom shall be selected by the em13 ployer or employers party to the dispute, and the other by 14 the representatives of the employees party to the dispute. 15 If for any reason the chief justice is unable to serve he 16 shall appoint another judge of the United States Court of 17 Appeals for the District of Columbia to act in his place 18 and stead. If either party fails, within five days after 19 request by the chief justice of such court, to make 20 his selection, such selection shall thereupon be made 21 by such chief justice. The special board shall investi22 gate all of the facts in the dispute at a place or places 23 convenient to the parties, and within thirty days after 24 its membership shall have been completed, shall render and 25 make public its opinion as to the proper settlement of the

1 dispute. The special board shall reach its conclusions and 2 render its opinion solely on the basis of the facts of the 3 case, and shall not be bound by any demands or offers of 4 settlement of either party, or by the existing terms of 5 employment, or by any opinion of any other board created 6 under this section for any other dispute. The expenses of 7 the special board, including compensation of the employer 8 and employee members, shall be divided equally between 9 the parties to the dispute.

10

(d) Within fifteen days after the special board has 11 rendered its opinion, the National Labor Relations Board 12 Administrator of the National Labor Relations Act shall, 13 in the same manner as is provided in subsection (b), 14 provide for the taking of a secret ballot of the employees 15 of each employer involved in the dispute on the question 16 of (1) whether the employees of any employer are willing 17 to accept and be bound by the terms of such opinion, and 18 (2) if they are willing to be so bound, what person or persons, if any, they desire to represent them in making 20 an agreement to that effect with the employer. If the 21 employer also accepts such opinion, he shall embody the 22 terms thereof in a contract with the representatives of his 23 employees designated for that purpose. Neither party to 24 the dispute shall be under any duty to accept the terms of 25 the opinion of the special board.

19

1

2

(e) No provision of this section shall affect in any

manner the continued effectiveness of the order of the district

3 court issued under section 203.

4 (f) At the conclusion of all the proceedings hereinbefore 5 required, or whenever an agreement is reached by the parties, 6 the Attorney General shall move the court to discharge the 7 injunction, which motion shall then be granted and the injunc8 tion discharged.

9 SEC. 205. Sections 203 and 204 shall not apply to 10 any person or dispute subject to the Railway Labor Act, as amended from time to time.

11

12

SEC. 206. Until the transfer of functions under section 13 201 (e) becomes effective, the functions of the Director of 14 Conciliation under section 204 shall be performed by the 15 Secretary of Labor. Until the Administrator of the Na16 tional Labor Relations Act first appointed qualifies and takes 17 office, his functions under section 204 shall be performed by 18 the National Labor Relations Board.

19 TITLE III-MONOPOLISTIC PRACTICES OF LABOR

20

ORGANIZATIONS; LIABILITY OF LABOR OR21 GANIZATIONS; MISCELLANEOUS PROVISIONS

2223

2 23

22

MONOPOLISTIC PRACTICES

SEC. 301. (a) The second paragraph of section 20 of

24 the Act entitled "An Act to supplement existing laws