7

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1 (3) Immediately upon receipt of such notice by it, the 2 Federal Mediation and Conciliation Service shall assign a 3 mediator to assist in the resolution of the dispute. If after 4 twenty days from the commencement of the forty-day period 5 the parties have not resolved the dispute, the Federal Media6 tion and Conciliation Service shall furnish the parties with a list of five names (excluding all regular employees of the 8 United States Government) from which the parties shall 9 choose a special referee under procedures provided by the 10 Federal Mediation and Conciliation Service. The special 11 referee shall proceed to hear the dispute in accordance 12 with rules and regulations promulgated by the Federal 13 Mediation and Conciliation Service for such cases and shall,

14

15

16

not later than five days before the end of the forty-day period recommend a collective-bargaining agreement with respect

to rates of pay, hours of employment, and other conditions 17 of employment. If the dispute is not otherwise resolved by 18 the parties, such recommendation shall be binding upon 19 the invoking party if accepted by the other party before

the forty-day period expires.

(4) No party shall lock out, strike, or engage in any similar activity during the twenty-day notice of intention

period provided in paragraph (1) of this subsection, or the

forty-day mediation period provided in paragraph (2) of this subsection: Provided, That where a party, having given

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1

a notice of intention required by paragraph (1) of this sub2 section and having awaited the expiration of the twenty-day

3 period there provided, is engaged in a lockout, strike, or 4 similar activity which does not otherwise violate this section 5 13, such activity shall not be rendered unlawful by the filing 6 of a subsequent notice of intention under paragraph (1) of 7 this subsection by another party.

8 (5) Any special referee shall be entitled to receive com

9

pensation at a rate specified at the time of actual service for 10 grade GS-18 in section 5332 of title 5, United States Code,

11

including traveltime and shall be allowed travel expenses, 12 including a per diem allowance in accordance with section 13 5703 (b) of title 5, United States Code, when engaged in 14 the performance of mediation services.

15

(6) A recommendation of a special referee, which has 16 become binding on the parties under the provisions of para17 graph (3) of this subsection, shall be deemed a contract be18 tween an employer and a labor organization as that term is 19 used in section 301 of the Labor-Management Relations Act 20 of 1947. Such a recommendation shall be conclusive unless 21 found by a court of competent jurisdiction to be arbitrary or 22 capricious in which case it shall be set aside. The commence23 ment of an action seeking judicial review of such a recom24 mendation shall not, unless otherwise ordered by a court of

48

1 competent jurisdiction, operate to stay the application of the

2 recommendation.

3 SEC. 14. (a) Nothing herein shall prohibit any indi4 vidual employed as a supervisor from becoming or remain5 ing a member of a labor organization, but no employer sub6 ject to this Act shall be compelled to deem individuals de7 fined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective 9 bargaining.

8

10

(b) Nothing in this Act shall be construed as authorizing 11 the execution or application of agreements requiring mem

12

bership in a labor organization as a condition of employment 13 in any State or territory in which such execution or applica14 tion is prohibited by State or territorial law.

15

(c) (1) The Board, in its discretion, may, by rule of de16 cision or by published rules adopted pursuant to the Adminis17 trative Procedure Act, decline to assert jurisdiction over any 18 labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant

19

21

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the exercise of its jurisdiction.

(2) Nothing in this Act shall be deemed to prevent or bar any agency or the courts of any State or territory (including the Commonwealth of Puerto Rico, Guam, and the Virgin Islands), from assuming and asserting jurisdiction

1

49

over labor disputes over which the Board declines, pursuant

2 to paragraph (1) of this subsection, to assert jurisdiction.

3

(3) The Board is authorized and directed to adminis

4 ter and apply the provisions of this Act with due regard to 5 the special characteristics of agriculture and employment in 6 agriculture.

7 SEC. 15. Wherever the application of the provisions of 8 section 272 of chapter 10 of the Act entitled "An Act to 9 establish a uniform system of bankruptcy throughout the 10 United States," approved July 1, 1898, and Acts amendatory 11 thereof and supplementary thereto (11 U.S.C. 672), con12 flicts with the application of the provisions of this Act, this 13 Act shall prevail: Provided, That in any situation where the 14 provisions of this Act cannot be validly enforced, the pro15 visions of such other Acts shall remain in full force and 16 effect.

17 SEC. 16. If any provision of this Act, or the applica18 tion of such provision to any person or circumstances, shall 19 be held invalid, the remainder of this Act, or the applica20 tion of such provision to persons or circumstances other 21 than those as to which it is held invalid, shall not be

22 affected thereby.

223

SEC. 17. (a) It shall be unlawful, for the purpose of

24 this section only, in an industry or activity affecting com

25

merce, for any labor organization to engage in any activity

50

1 or conduct defined as an unfair labor practice in section

2 8(b) (4) of this Act.

3

(b) Whoever shall be injured in his business or prop4 erty by reason of any violation of subsection (a) may sue 5 therefore in any district court of the United States sub6 ject to the limitations and provisions of section 301 of the 7 National Labor Relations Act, as amended, without respect 8 to the amount in controversy, or in any other court having 9 jurisdiction of the parties, and shall recover the damages by 10` him sustained and the cost of the suit.

11

SEC. 18. This Act shall become effective upon the ex12 piration of ninety days after the date of enactment except 13 that the authority of the President to appoint certain officers 14 conferred upon him by section 3 of this Act may be exer15 cised forthwith.

17 SEC. 19. There are authorized to be appropriated to 18 carry out the provisions of this Act the sum of $3,600,000 19 annually. Such authorization will be prorated from the date 20 of enactment until the close of the fiscal year ending June 21 30, 1972, with such sums as may be necessary for suc22 ceeding fiscal years.