§ 183. — Conciliation of labor disputes in the health care industry.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC183]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER III--CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES
Sec. 183. Conciliation of labor disputes in the health care
industry
(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
beginning 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, Sec. 213, as added Pub. L. 93-360,
Sec. 2, July 26, 1974, 88 Stat. 396.)
Effective 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,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.