29 U.S.C. § 164
Construction of provisions
Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this subchapter shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining.
Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.
In subsec. (c)(1), “subchapter II of chapter 5 of title 5” substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554, § 7(b),
1959—Subsec. (c). Pub. L. 86–257 added subsec. (c).
1947—Act
For effective date of amendment by act
Notes of Decisions
Cited in 385
cases (8 in the last 5 years), 1948–2026 · leading case: Local 514 Transp. Workers Union v. Keating, 2003 OK 110 (Okla. 2003).
Local 514 Transp. Workers Union v. Keating, 2003 OK 110 (Okla. 2003). “¶ 6 The trial court held that § 1A(B)(5) of the right to work amendment, relating to exclusive hiring halls, [5] conflicted with and was preempted by the Labor Management Relations Act and the National Labor Relations Act, § 14(b), as amended, 29 U.S.C. § 164 (b). The trial…”
James M. Sweeney v. Michael R. Pence, 767 F.3d 654 (7th Cir. 2014). “29 U.S.C. § 164 (b). The Supreme Court has clarified the relationship be‐ tween these two provisions: § 14(b) was intended to prevent other sections in the NLRA from “completely extinguishing state power over certain union‐security arrangements.”
Patrick Morrisey & The State of West Virginia v. West Virginia AFL-CIO, 804 S.E.2d 883 (W. Va. 2017). “15 Section 14(b), codified at 29 U.S.C. § 164 (b) [1959], provides: (b) Agreements requiring union membership in violation of State law.”
Linn v. United Plant Guard Workers of Am., Local 114, 383 U.S. 53 (1966). “The foregoing considerations do not apply to the extent that the use of verbal weapons during labor disputes is not confined to any issue in the dispute, or involves a person who is neither party to nor agent of a party to the dispute.”
Jackson Cnty. Pub. Hosp. v. Pub. Emp. Relations Bd., 280 N.W.2d 426 (Iowa 1979). “Section 14(c)(1), referred to in the quoted statute, is the provision which gives the NLRB authority to decline to assert jurisdiction on discretionary grounds.”
Oil, Chem. & Atomic Workers Int'l Union v. Mobil Oil Corp., 426 U.S. 407 (1976). “151 , 29 U. S. C. § 164 (b), however, allows individual States and Territories to exempt themselves from § 8 (a) (3) and to enact so-called "right-to-work" laws prohibiting union or agency shops.”
Nat'l Labor Relations Bd. v. Kentucky River Cmty. Care, Inc., 532 U.S. 706 (2001). “any individual employed as a supervisor"); Taft-Hartley Act § 14(a), as amended, 29 U. S. C. § 164 (a) ("[N]o employer [covered by the Act] shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local,…”
Minor v. Bldg. & Constr. Trades Council, 75 N.W.2d 139 (N.D. 1956). “rganization is the representative of the employees as provided in section 9(a), in the appropriate collective-bargaining unit covered by such agreement when made; and (ii) if, following the most recent election held as provided in section 9(e) the Board shall have certified that…”
Sears, Roebuck & Co. v. San Diego Cnty. Dist. Council of Carpenters, 436 U.S. 180 (1978). “Carpenters, supra, at 297 n. 8. [15] For a brief summary of the development of this national policy, see R.”
Int'l Ass'n of Machinists Dist. Ten & Local Lodge 873 v. Allen, 904 F.3d 490 (7th Cir. 2018). “Because the challenged portion of Act 1 regulates an employee's optional dues-checkoff authorization rather than an employee's obligation to pay dues as a condition of employment, it falls outside the scope of the § 164(b)"right-to-work"/union security agreement exception.”
Vaca v. Sipes, 386 U.S. 171 (1967). “541 , 29 U. S. C. § 164 (c), permits state agencies and courts to assume jurisdiction "over labor disputes over which the Board declines, pursuant to paragraph (1) of this subsection, to assert jurisdiction" (compare Guss v.”
Stricker v. Swift Bros. Constr. Co., 260 N.W.2d 500 (S.D. 1977). “Plaintiff, on the other hand, contends that the state court has jurisdiction to hear this action under the exception to the preemption doctrine arising from the authority given to the states by § 14(b) of the National Labor Relations Act, 29 U.S.C.A. § 164 (b), to prohibit the…”
— 29 U.S.C. § 164(a) — 2 cases
Local Union No. 1055, Int'l Bhd. of Elec. Workers v. Gulf Power Co., 175 F. Supp. 315 (N.D. Fla. 1959).
E. Greyhound Lines v. Fusco, 323 F.2d 477 (6th Cir. 1963).
— 29 U.S.C. § 164(b) — 5 cases
Nat'l Labor Relations Bd. v. Houston Chapter, Associated Gen. Contractors of Am., Inc., & Constr. Employers' Ass'n of Texas, 349 F.2d 449 (5th Cir. 1965).
Wirtz v. Local Union 169, Int'l Hod Carriers', Bldg. & Common Laborers' Union of Am., AFL-CIO, 246 F. Supp. 741 (D. Nev. 1965).
Nat'l Labor Relations Bd. v. White Constr. & Eng'g Co., Inc, 204 F.2d 950 (5th Cir. 1953).
Branch v. City of Myrtle Beach, 505 S.E.2d 925 (S.C. Ct. App. 1998).
Local Jt. Exec. Bd. of Las Vegas v. NLRB (9th Cir. 2008).
— 29 U.S.C. § 164(c) — 3 cases
Day v. Nw. Div. 1055, 389 P.2d 42 (Or. 1964).
Evangeline Downs, Inc. v. Pari-Mutuel Clerks' Union, 191 So. 2d 358 (La. Ct. App. 1966).
Int'l Union of Operating Engineers, Local No. 3 v. Bing Constr. Co., 521 P.2d 1231 (Nev. 1974).
— 29 U.S.C. § 164(c)(1) — 1 case
Cent. Catholic Educ. Ass'n v. Archdiocese of Portland, 891 P.2d 1318 (Or. Ct. App. 1995).
— 29 U.S.C. § 164(c)(2) — 1 case
Langrehr v. United Bhd. of Carpenters & Joiners of Am., Local 772 (A.F.L.-C.I.O.), 236 N.W.2d 339 (Iowa 1975).
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