29 U.S.C. § 183

Conciliation of labor disputes in the health care industry

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(a) Establishment of Boards of Inquiry; membership

If, in the opinion of the Director of the Federal Mediation and Conciliation Service, a threatened or actual strike or lockout affecting a health care institution will, if permitted to occur or to continue, substantially interrupt the delivery of health care in the locality concerned, the Director may further assist in the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 158(d) of this title (which is required by clause (3) of such section 158(d) of this title), or within 10 days after the notice under clause (B), an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the parties within fifteen (15) days after the establishment of such a Board. The written report shall contain the findings of fact together with the Board’s recommendations for settling the dispute, with the objective of achieving a prompt, peaceful and just settlement of the dispute. Each such Board shall be composed of such number of individuals as the Director may deem desirable. No member appointed under this section shall have any interest or involvement in the health care institutions or the employee organizations involved in the dispute.

(b) Compensation of members of Boards of Inquiry(1) Members of any board established under this section who are otherwise employed by the Federal Government shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out its duties under this section.(2) Members of any board established under this section who are not subject to paragraph (1) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, including travel for each day they are engaged in the performance of their duties under this section and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section.(c) Maintenance of status quo

After the establishment of a board under subsection (a) of this section and for 15 days after any such board has issued its report, no change in the status quo in effect prior to the expiration of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial bargaining negotiation, except by agreement, shall be made by the parties to the controversy.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

(June 23, 1947, ch. 120, title II, § 213, as added Pub. L. 93–360, § 2, July 26, 1974, 88 Stat. 396.)Statutory Notes and Related SubsidiariesEffective Date

Section effective on thirtieth day after July 26, 1974, see section 4 of Pub. L. 93–360, set out as a note under section 169 of this title.

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Notes of Decisions

Cited in 17 cases (3 in the last 5 years), 1976–2025 · leading case: Beth Israel Hosp. v. Nat'l Labor Relations Bd., 437 U.S. 483 (1978).

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Beth Israel Hosp. v. Nat'l Labor Relations Bd., 437 U.S. 483 (1978). · cites it 2× “Section 2 of the 1974 Act added a new § 213 to the Labor Management Relations Act, 1947, 29 U. S. C. § 183 (1970 ed., Supp. V), which authorizes upon certain conditions the constitution of a Special Board of Inquiry to investigate and report concerning the labor dispute.”

Sinai Hosp. of Baltimore, Inc. v. James F. Scearce, Individually & as Nat'l Dir. of the Fed. Mediation & Conciliation Serv., 561 F.2d 547 (4th Cir. 1977). · cites it 10× “The Board of Inquiry had been appointed pursuant to 29 U.S.C. § 183 (a). Sinai’s principal contention is that the appointment of the Board was untimely under the statute and that therefore the Board should be enjoined from undertaking its investigation.”

E. Maine Med. Ctr. v. Nat'l Labor Relations Bd., 658 F.2d 1 (1st Cir. 1981). “The fact that a Board of Inquiry report predominantly recommends adoption of one party’s proposals, as the report in this case favored many of EMMC’s proposals, may indicate that their preferred proponent is indeed more reasonable than the other party, or, just the opposite that…”

Adams v. Califano, 474 F. Supp. 974 (D. Maryland 1979). “, 29 U.S.C. § 183 (a) (Director of Federal Mediation and Conciliation Service may establish “an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the parties .”

Nat'l Labor Relations Bd., & Lawrence Gen. Hosp., Intervenor v. Massachusetts Nurses Ass'n, 557 F.2d 894 (1st Cir. 1977). “The legislative history of the Health Care Amendments clearly indicates, however, that Congress sought to avoid strikes or work stoppages in the health care field by providing for notice and the use of conciliation machinery, 29 U.S.C. § 183 , rather than by establishing…”

New York v. Local 144, Hotel, Nursing Home & Allied Health Servs. Union, 410 F. Supp. 225 (S.D.N.Y. 1976). · cites it 2× “§ 158 (g) was created which provided that: a labor organization before engaging in any strike, picketing, or other concerted refusal to work at any health care institution shall, not less than ten days prior to such action, notify the institution in writing and the Federal…”

NLRB v. State of NY, 436 F. Supp. 335 (E.D.N.Y 1977). · cites it 2× “29 U.S.C. § 183 (a). The status quo must be maintained until 15 days after the Board of Inquiry issues its report.”

Affiliated Hospitals of San Francisco v. Scearce, 418 F. Supp. 711 (N.D. Cal. 1976). “This is an action brought by the collective bargaining representative of a group of private non-profit hospitals to enjoin the Director of the Federal Mediation and Conciliation Service (“FMCS”) and others from permitting a board of inquiry, established pursuant to Section 213…”

State of Ny v. Loc. 144, Hotel, Nurs. Home, Etc., 410 F. Supp. 225 (S.D.N.Y. 1976). · cites it 2× “Finally, a new Section 213, 29 U.S.C. § 183 , was enacted which provided for a Board of Inquiry which could investigate the issues in dispute, make recommendations, and otherwise assist in the resolution of the labor problems.”

Nat'l Labor Relations Bd. v. New York, 436 F. Supp. 335 (E.D.N.Y 1977). · cites it 2× “29 U.S.C. § 183 (a). The status quo must be maintained until 15 days after the Board of Inquiry issues its report.”

Affiliated Hospitals of San Francisco v. Scearce, 583 F.2d 1097 (9th Cir. 1978). · cites it 4× “29 U.S.C. § 183 (a). Once a board is established the status quo must be maintained “for 15 days after any such board has issued its report .”

Int'l Bhd. of Elec. Workers, Local Union No. 474 v. Nat'l Labor Relations Bd., 814 F.2d 697 (D.C. Cir. 1987). “396 , added § 213 to the Labor Management Relations Act, 29 U.S.C. § 183 (1982), which authorizes, under certain conditions, the convening of an impartial Board of Inquiry to investigate health-care labor disputes.”

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