29 U.S.C. § 161

Investigatory powers of Board

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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 sections 159 and 160 of this title—(1) Documentary evidence; summoning witnesses and taking testimony

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. The Board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceedings 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 to revoke, and the Board shall revoke, such subpena if in its opinion 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 opinion such subpena does not describe with sufficient particularity the evidence whose production is required. Any member of the Board, or any agent or agency 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) Court aid in compelling production of evidence and attendance of witnesses

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, 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 the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, 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) Repealed. Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930(4) Process, service and return; fees of witnesses

Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered or certified 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 or certified and mailed or when telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, 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) Process, where served

All process of any court to which application may be made under this subchapter may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.

(6) Information and assistance from departments

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

(July 5, 1935, ch. 372, § 11, 49 Stat. 455; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 150; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 91–452, title II, § 234, Oct. 15, 1970, 84 Stat. 930; Pub. L. 86–507, § 1(57), June 11, 1960, as added Pub. L. 96–245, May 21, 1980, 94 Stat. 347.)Editorial NotesCodification

The original text of par. (2) contained a reference to the District Court of the United States for the District of Columbia. Act June 25, 1948, as amended by act May 24, 1949, substituted “United States District Court for the District of Columbia” for “District Court of the United States for the District of Columbia”. However, the words “United States District Court for the District of Columbia” have now been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district”, and section 88 of Title 28 which states that “the District of Columbia constitutes one judicial district”.

Amendments

1980—Par. (4). Pub. L. 96–245 inserted provisions authorizing service by certified mail.

1970—Par. (3). Pub. L. 91–452 struck out par. (3) which related to the immunity from prosecution of any individual compelled to testify or produce evidence after claiming his privilege against self-incrimination.

1947—Act June 23, 1947, restated section with addition of provisions requiring the issuance of subpenas as a matter of course on the request of any party.

Statutory Notes and Related SubsidiariesEffective Date of 1970 Amendment

Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18, Crimes and Criminal Procedure.

Effective Date of 1947 Amendment

For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title.

Notes of Decisions

Cited in 287 cases (15 in the last 5 years), 1936–2026 · leading case: Equal Emp. Opportunity Comm'n v. Shell Oil Co., 466 U.S. 54 (1984).

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Equal Emp. Opportunity Comm'n v. Shell Oil Co., 466 U.S. 54 (1984). · cites it 6× “In obtaining such evidence, the Commission may exercise all of the powers conferred upon the National Labor Relations Board by 29 U. S. C. § 161 , including the authority to issue administrative subpoenas and to request judicial enforcement of those subpoenas.”

Nat'l Labor Relations Bd. v. Interbake Foods, LLC, 637 F.3d 492 (4th Cir. 2011). · cites it 6× “When Interbake refused, the Board filed this application under § 11(2) of the National Labor Relations Act (“NLRA” or “the Act”), 29 U.S.C. § 161 (2), for enforcement of the subpoena, requesting that the district court order Interbake to produce the three documents to the ALJ…”

Equal Emp. Opportunity Comm'n, Applicant-appellee, v. Bay Shipbuilding Corp., Respondent-appellant, 668 F.2d 304 (7th Cir. 1981). · cites it 8× “In 1972, Congress *307 amended Title VII to give the EEOC the investigatory powers contained in 29 U.S.C. § 161 (42 U.S.C. § 2000e-9). By this amendment Congress granted the district courts jurisdiction to enforce subpoenas “upon application” by the EEOC ( 29 U.”

Equal Emp. Opportunity Comm'n v. Maryland Cup Corp., 785 F.2d 471 (4th Cir. 1986). · cites it 8× “” 29 U.S.C. § 161 (1). The EEOC complied with these due process requirements, granting Maryland Cup an administrative appeal pursuant to its internal regulations.”

Equal Emp. Opportunity Comm'n v. City of Long Branch, 866 F.3d 93 (3rd Cir. 2017). “§§ 2000e-5(f)(3) and 2000e-9 and 29 U.S.C. § 161 (2). We have jurisdiction pursuant to 28 U.”

Equal Emp. Opportunity Comm'n v. Lutheran Soc. Servs., 186 F.3d 959 (D.C. Cir. 1999). · cites it 5× “§ 2000e-9 (1994)), which grants the Commission all investigative powers possessed by the National Labor Relations Board under section 11 of the National Labor Relations Act, 29 U.S.C. § 161 (1994). Section 11 of the NLRA in turn provides that a party receiving an NLRB subpoena…”

McLane Co. v. Equal Emp't Opportunity Comm'n, 137 S. Ct. 1159 (2017). · cites it 2× “” 29 U. S. C. §161 (1). An employer may petition the EEOC to revoke the subpoena, see ibid.”

EEOC v. Ferrellgas, L.P., 97 F.4th 338 (6th Cir. 2024). · cites it 5× “§ 2000e-9 (incorporating 29 U.S.C. § 161 ). An employer may petition the EEOC to revoke such a subpoena, “but if the EEOC rejects the petition and the employer still refuses to obey .”

Nat'l Labor Relations Bd. v. Ronny Line, 50 F.3d 311 (5th Cir. 1995). · cites it 7× “1 Jurisdiction to enforce a subpoena of the NLRB is governed by 29 U.S.C. § 161 (2) which in pertinent part states: (2) Court aid in compelling production of evidence and attendance of witnesses.”

Nat'l Labor Relations Bd. v. Gary Frazier, an Individual, 966 F.2d 812 (3rd Cir. 1992). · cites it 3× “Frazier, however, still refused to testify, and the Board applied to the United States District Court for the District of New Jersey, pursuant to Section 11(2) of the National Labor Relations Act, 29 U.S.C. § 161 (2), for an order requiring Frazier to obey the subpoena.”

Nat'l Labor Relations Bd. v. Cable Car Advertisers, Inc., 319 F. Supp. 2d 991 (N.D. Cal. 2004). · cites it 5× “On January 6, 2004, in an effort to enforce the judgment, the Board, pursuant to 29 U.S.C. § 161 (1) of the NLRA, issued a series of investigative subpoenas' directed at Cable Car and its managing agents, Christine Bennett and Phil Wright: NLRB Subpoena Nos.”

Nat'l Labor Relations Bd. v. Alt. Ent., Inc., 858 F.3d 393 (6th Cir. 2017). · cites it 2× “Section 11 specifies the procedures the NLRB follows in investigating unfair labor practices, 29 U.S.C. § 161 , and § 10 specifies the procedures the NLRA follows in preventing unfair labor practices, 29 U.”

Show all 287 citing cases →

— 29 U.S.C. § 161(1) — 4 cases

Nat'l Labor Relations Bd. v. Interstate Builders, Inc., 351 F.3d 1020 (10th Cir. 2003).

Nat'l Labor Relations Bd. v. Barrett Co., 120 F.2d 583 (7th Cir. 1941).

Biazevich v. Becker, 161 F. Supp. 261 (S.D. Cal. 1958).

Nat'l Labor Relations Bd. v. C. C. C. Assocs., Inc., 306 F.2d 534 (2d Cir. 1962).

— 29 U.S.C. § 161(2) — 2 cases

Nat'l Labor Relations Bd. v. C. C. C. Assocs., Inc., 306 F.2d 534 (2d Cir. 1962).

Nat'l Labor Relations Bd. v. Harris, 198 F. Supp. 947 (S.D.N.Y. 1961).

— 29 U.S.C. § 161(3) — 1 case

Cohen v. United States, 201 F.2d 386 (9th Cir. 1953).

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