Here is the original language in the Congressional bill that enacted the Labor-Management Cooperation Act of 1978, along with its provisions in various sections of the United States Code. Also compiled are five references in California state law.
Public Law 95–524
Labor-Management Cooperation Act of 1978 – Assistance to Plant, Area, and Industry-Wide Labor-Management Committees
Sec.6. (a) This section may be cited as the “Labor-Management Cooperation Act of 1978.”
(b) It is the purpose of this section-
(1) to improve communication between representatives of labor and management;
(2) to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;
(3) to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process;
(4) to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the plant, area or industry;
(5) to enhance the involvement of workers in making decisions that affect their working lives;
(6) to expand and improve working relationships between workers and managers; and
(7) to encourage free-collective bargaining by establishing continuing mechanisms for communication between employers and their employees through Federal assistance to the formation and operation of labor-management committees.
(c) (1) Section 203 of the Labor-Management Relations Act, 1947, is amended by adding at the end thereof the following new subsection:
“(e) The Service is authorized and directed to encourage and support the establishment and operation of joint labor-management activities conducted by plant, area, and industrywide committees designed to improve labor management relationships, job security and organizational effectiveness, in accordance with provisions of section 205A.”
(2) Title II of the Labor-Management Relations Act, 1947, is amended by adding after section 205 the following new section:
“Sec. 205A.(a) (1) The Service is authorized and directed to provide assistance in the establishment and operation of plant, area and industrywide labor-management committee which-
“(A) Have been organized jointly by employers and labor organizations representing employees in that plant, area, or industry: and
“(B) are established for the purpose of improving labor-management relationships, job security, organizational effectiveness, enchancing economic development or involving workers in decisions affecting their jobs including improving communication with respect to subjects of mutual interest and concern.
“(2) The Service is authorized and directed to enter into contracts and to make grants, where necessary or appropriate, to fulfill its responsibilities under this section.
“(b) (1) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to a plant labor management committee unless the employees in that plant are represented by a labor organization and there is in effect at that plant a collective bargaining agreement.
“(2) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to an area or industrywide labor-management committee unless it participants include any labor organizations certified or recognized as the representative of the employees of an employer participating in such committee. Nothing in this clause shall prohibit participation in an area of industrywide committee by an employer whose employees are not represented by a labor organization.
“(3) No grant may be made under the provisions of this section to any labor-management committee which the Service finds to have as one of its purposes the discouragement of the exercise of rights contained in section 7 of the National Labor Relations Act (29 U.S.157), or the interference with collective bargaining in any plant, or industry.
“(c) The Service shall carry out the provisions of this section through an office established for that purpose.
“(d) There are authorized to be appropriated to carry out the provisions of this section $10,000,000 for the fiscal year 1979, and such sums as may be necessary thereafter.”
(d) Section 302 ( c) of the Labor-Management Relations Act, 1947, is amended by striking the word “or” after the semicolon at the end of subparagraph (7) thereof and by inserting the following before the period at the end thereof; “;or (9) with respect to money or other things of value paid by an employer to a plant, area or industry/wide labor-management committee established for one or more of the purposes set forth in section 5(b) of the Labor-Management Cooperation Act of 1978”.
“(e) Nothing in this section or the amendments made by this section shall affect the terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after the date of enactment of this section.
REPEALER
Sec. 7. Section 104 of the Emergency Jobs and Unemployment Assistance Act of 1974 (Public Law 93-567) is hereby repealed.
Approved October 27, 1978
29 U.S.C. 141a (United States Code)
Title 29 – LABOR
CHAPTER 7 – LABOR-MANAGEMENT RELATIONS
SUBCHAPTER I – GENERAL PROVISIONS
Sec. 141 – Short title; Congressional declaration of purpose and policy
Short Title of 1978 Amendment
Pub. L. 95–524, §6(a), Oct. 27, 1978, 92 Stat. 2020, provided that: “This section [enacting section 175a of this title, amending sections 173 and 186 of this title, and enacting provisions set out as notes under section 175a of this title] may be cited as the ‘Labor Management Cooperation Act of 1978’.”
29 U.S.C. 175a (United States Code)
Title 29 – LABOR
CHAPTER 7 – LABOR-MANAGEMENT RELATIONS
SUBCHAPTER III – CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES
Sec. 175a – Assistance to plant, area, and industrywide labor management committees
§175a. Assistance to plant, area, and industrywide labor management committees
(a) Establishment and operation of plant, area, and industrywide committees
(1) The Service is authorized and directed to provide assistance in the establishment and operation of plant, area and industrywide labor management committees which—
(A) have been organized jointly by employers and labor organizations representing employees in that plant, area, or industry; and
(B) are established for the purpose of improving labor management relationships, job security, organizational effectiveness, enhancing economic development or involving workers in decisions affecting their jobs including improving communication with respect to subjects of mutual interest and concern.
(2) The Service is authorized and directed to enter into contracts and to make grants, where necessary or appropriate, to fulfill its responsibilities under this section.
(b) Restrictions on grants, contracts, or other assistance
(1) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to a plant labor management committee unless the employees in that plant are represented by a labor organization and there is in effect at that plant a collective bargaining agreement.
(2) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to an area or industrywide labor management committee unless its participants include any labor organizations certified or recognized as the representative of the employees of an employer participating in such committee. Nothing in this clause shall prohibit participation in an area or industrywide committee by an employer whose employees are not represented by a labor organization.
(3) No grant may be made under the provisions of this section to any labor management committee which the Service finds to have as one of its purposes the discouragement of the exercise of rights contained in section 157 of this title, or the interference with collective bargaining in any plant, or industry.
(c) Establishment of office
The Service shall carry out the provisions of this section through an office established for that purpose.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out the provisions of this section $10,000,000 for the fiscal year 1979, and such sums as may be necessary thereafter.
(June 23, 1947, ch. 120, title II, §205A, as added Pub. L. 95–524, §6(c)(2), Oct. 27, 1978, 92 Stat. 2020.)
Short Title
For short title of section 6 of Pub. L. 95–524 as the Labor Management Cooperation Act of 1978, see Short Title of 1978 Amendment note set out under section 141 of this title.
Congressional Statement of Purpose
Section 6(b) of Pub. L. 95–524 provided that: “It is the purpose of this section [enacting this section and amending sections 173 and 186 of this title]—
“(1) to improve communication between representatives of labor and management;
“(2) to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;
“(3) to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process;
“(4) to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the plant, area or industry;
“(5) to enhance the involvement of workers in making decisions that affect their working lives;
“(6) to expand and improve working relationships between workers and managers; and
“(7) to encourage free collective bargaining by establishing continuing mechanisms for communication between employers and their employees through Federal assistance to the formation and operation of labor management committees.”
Applicability to Collective Bargaining Agreements
Section 6(e) of Pub. L. 95–524 provided that: “Nothing in this section or the amendments made by this section [enacting this section, amending sections 173 and 186 of this title, and enacting provisions set out as notes under this section] shall affect the terms and conditions of any collective bargaining agreement whether in effect prior to or entered into after the date of enactment of this section [Oct. 27, 1978].”
[Sec. 175(a) was added through Public Law 95-524, signed by President Jimmy Carter on October 27, 1978.]
29 U.S.C. 186 (United States Code)
Title 29 – LABOR
CHAPTER 7 – LABOR-MANAGEMENT RELATIONS
SUBCHAPTER IV – LIABILITIES OF AND RESTRICTIONS ON LABOR AND MANAGEMENT
Sec. 186 – Restrictions on financial transactions
Sec. 302. [§ 186.] (a) [Payment or lending, etc., of money by employer or agent to employees, representatives, or labor organizations] It shall be unlawful for any employer or association of employers or any person who acts as a labor relations expert, adviser, or consultant to an employer or who acts in the interest of an employer to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other thing of value–
(1) to any representative of any of his employees who are employed in an industry affecting commerce; or
(2) to any labor organization, or any officer or employee thereof, which represents, seeks to represent, or would admit to membership, any of the employees of such employer who are employed in an industry affecting commerce;
(3) to any employee or group or committee of employees of such employer employed in an industry affecting commerce in excess of their normal compensation for the purpose of causing such employee or group or committee directly or indirectly to influence any other employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing; or
(4) to any officer or employee of a labor organization engaged in an industry affecting commerce with intent to influence him in respect to any of his actions, decisions, or duties as a representative of employees or as such officer or employee of such labor organization.
(b) [Request, demand, etc., for money or other thing of value]
(1) It shall be unlawful for any person to request, demand, receive, or accept, or agree to receive or accept, any payment, loan, or delivery of any money or other thing of value prohibited by subsection (a) [of this section].
(2) It shall be unlawful for any labor organization, or for any person acting as an officer, agent, representative, or employee of such labor organization, to demand or accept from the operator of any motor vehicle (as defined in part II of the Interstate Commerce Act [49 U.S.C. § 301 et seq.]) employed in the transportation of property in commerce, or the employer of any such operator, any money or other thing of value payable to such organization or to an officer, agent, representative or employee thereof as a fee or charge for the unloading, or in connection with the unloading, of the cargo of such vehicle: Provided, That nothing in this paragraph shall be construed to make unlawful any payment by an employer to any of his employees as compensation for their services as employees.
(c) [Exceptions] The provisions of this section shall not be applicable…(9) with respect to money or other things of value paid by an employer to a plant, area or industry wide labor management committee established for one or more of the purposes set forth in section 5(b) of the Labor Management Cooperation Act of 1978.
[Sec. 302(c)(9) was added through Public Law 95-524, signed by President Jimmy Carter on October 27, 1978.]
California Labor Code Section 1771.2
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
PART 7. PUBLIC WORKS AND PUBLIC AGENCIES
CHAPTER 1. Public Works
ARTICLE 2. Wages
1771.2. A joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) may bring an action in any court of competent jurisdiction against an employer that fails to pay the prevailing wage to its employees, as required by this article. This action shall be commenced not later than 180 days after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 180 days after acceptance of the public work, whichever last occurs.
California Labor Code Section 1773.1(a)(7-9)
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
PART 7. PUBLIC WORKS AND PUBLIC AGENCIES
CHAPTER 1. Public Works
ARTICLE 2. Wages
1773.1. (a) Per diem wages, when the term is used in this chapter or in any other statute applicable to public works, shall be deemed to include employer payments for the following:
(1) Health and welfare.
(2) Pension.
(3) Vacation.
(4) Travel.
(5) Subsistence.
(6) Apprenticeship or other training programs authorized by Section 3093, so long as the cost of training is reasonably related to the amount of the contributions.
(7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code), to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works.
(8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue.
(9) Other purposes similar to those specified in paragraphs (1) to (8), inclusive.
(b) Employer payments include all of the following:
(1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program.
(2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected.
(3) Payments to the California Apprenticeship Council pursuant to Section 1777.5.
(c) Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However, no credit shall be granted for benefits required to be provided by other state or federal law. Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. However, an increased employer payment contribution that results in a lower hourly straight time or overtime wage shall not be considered a violation of the applicable prevailing wage determination so long as all of following conditions are met:
(1) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement.
(2) The basic hourly rate and increased employer payment are no less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the director’s general prevailing wage determination.
(3) The employer payment contribution is irrevocable unless made in error.
(d) The credit for employer payments shall be computed on an annualized basis where the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, except where one or more of the following occur:
(1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer.
(2) The higher rate of payments is required by a project labor agreement.
(3) The payments are made to the California Apprenticeship Council pursuant to Section 1777.5.
(4) The director determines that annualization would not serve the purposes of this chapter.
(e) (1) For the purpose of determining those per diem wages for contracts, the representative of any craft, classification, or type of worker needed to execute contracts shall file with the Department of Industrial Relations fully executed copies of the collective bargaining agreements for the particular craft, classification, or type of work involved. The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever filed 30 days prior to the call for bids. If the collective bargaining agreement has not been formalized, a typescript of the final draft may be filed temporarily, accompanied by a statement under penalty of perjury as to its effective date.
(2) Where a copy of the collective bargaining agreement has previously been filed, fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed.
(3) The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct.
(Amended by Stats. 2012, Ch. 827, Sec. 1. Effective January 1, 2013.)
California Labor Code Section 1776(e)
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
PART 7. PUBLIC WORKS AND PUBLIC AGENCIES
CHAPTER 1. Public Works
ARTICLE 2. Wages
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work…
(e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney’s fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter.
California Public Utilities Code Section 3260
DIVISION 1. REGULATION OF PUBLIC UTILITIES
PART 5. GENERAL PROVISIONS
3260. Nothing in this division prohibits payments pursuant to an agreement authorized by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), or payments permitted by the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Secs. 173, 175a, and 186). Nothing in this division restricts any use permitted by federal law of money paid pursuant to these acts.
California Business and Professions Code Section 7522(o)
DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY
CHAPTER 11.3. Private Investigators
ARTICLE 3. Regulation, Licensing, and Registration
7522. This chapter does not apply to:
(o) Any joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code), or its employees, where either the committee or employee is performing a function authorized by the Labor Management Cooperation Act of 1978, which includes, but is not limited, to monitoring public works projects to ensure that employers are complying with federal and state public works laws.