A bill to insure the separation of Federal powers by amending the National Labor Relations Act to provide for trial of unfair labor practice cases in the U.S. District Court.

Summary

Provides for the trial of unfair labor practice cases in U.S. district courts. Provides that the district courts of the United States, the district court of the Virgin Islands and the United States District Court for the District of the Canal Zone shall have jurisdiction to prevent any person from engaging in any unfair labor practice affecting commerce. Asserts that any person aggrieved by any such unfair labor practice may, within six months after the date on which such unfair labor practice occured, either: (1) file and prosecute such a complaint in any court having jurisdiction of the parties; or (2) file a charge of such unfair labor practice with the United States attorney for the appropriate district and request him to file and prosecute such a complaint. Directs that whenever a person aggrieved by an unfair labor practice is prevented by reason of service in the Armed Forces from filing a charge or complaint he may do so within six months after the date of his discharge. Provides that such proceedings shall be tried by the court without a jury. Provides that the Federal Rules of Civil Procedure shall apply in such proceedings. Asserts that, in any case in which the pleadings present issues of fact, the court may appoint a master and the order of reference may require the master to submit with his report a recommended order. Allows the court to grant such temporary relief or restraining order as it deems appropriate pending final disposition of any proceeding, but only after publicly hearing testimony of witnesses (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered; and only after findings of fact by the court to the effect: (1) that one or more acts constituting an unfair labor practice have been committed and will be continued unless restrained; (2) that substantial and irreparable injury to the complainant will follow; (3) that as to each item of relief granted greater injury will be inflicted by the denial of relief than will be inflicted by the granting of relief; and (4) that complainant has no adequate remedy at law.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 15 February 1973

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.