20 1 ORIGIN.-No labor organization shall refuse membership to, 2 segregate, expel, or otherwise discriminate in terms or con3 ditions of membership against any person because of race, 4 color, religion, or national origin." 5 AMENDMENTS TO LABOR-MANAGEMENT RELATIONS ACT, 6 7 1947 SEC. 502. (a) Section 9 of the Labor-Management Re8 lations Act, 1947 (29 U.S.C. 159), is amended by adding 9 the following new paragraph at the end of subsection (c) 10 thereof: 11 "(6) In any election where the Board finds that an em12 ployer, a labor organization or its agents, or an employee 13 14 or group of employees appeals to prejudice on the basis of race, religion, color, or national origin in order to influence 15 the result of such election, the Board is authorized to deny 16 certification of the results thereof." 17 (b) Section 9 of such Act is further amended by adding 18 the following new paragraph at the end of subsection (e) 19 thereof: 20 "(3) The Board is authorized to deny certification of 21 the results of any election conducted pursuant to this sub22 section if the Board finds that an employer, a labor organiza23 tion or its agents, or an employee or group of employees 24 appeals to prejudice on the basis of race, religion, color, 25 or national origin in order to influence the result of such 26 election." 21 1 TITLE VI-WITHDRAWAL OF FEDERAL SUPPORT AND APPROVAL FROM STATE APPRENTICE 2 3 4 5 6 7 SHIP, WORKER RETRAINING, AND PUBLIC 8 9 APPRENTICESHIP PROGRAMS SEC. 601. The Act entitled "An Act to enable the 10 Department of Labor to formulate and promote the further 11 ance of labor standards necessary to safeguard the welfare 12 of apprentices and to cooperate with the States in the pro13 motion of such standards", approved August 16, 1937 (29 14 U.S.C. 50-50b), is amended by adding at the end thereof 15 the following new section: 16 "SEC. 5. Where an apprenticeship program is so orga17 nized or operated in any State as to discriminate in admission 18 or participation on the basis of race, religion, color, or na19 tional origin, the Secretary of Labor shall not— "(1) formulate or promote, or cooperate with a State agency of such State or public or private enterprise or association in such State in the formulation or promo tion, of any labor standards under the first section of this Act with respect to such apprenticeship program, "(2) issue any special certificate under section 14 1 2 3 4 5 6 7 8 9 10 11 121 22 of the Fair Labor Standards Act of 1938 (29 U.S.C. 214), with respect to an apprentice in such apprentice ship program, "(3) allow any variation, tolerance, or exemption to or from any of the provisions of the first section of to an apprentice in such apprenticeship program, or WORKER RETRAINING PROGRAMS 13 SEC. 602. (a) Whenever the head of any Federal de14 partment or agency administering a program of Federal 15 support to the States with respect to occupational retraining programs in the States finds that any such State program is 16 17 so organized or operated as to discriminate against any unem18 ployed or underemployed person on the basis of race, reli19 gion, color, or national origin, the head of the Federal depart20 ment or agency administering such program of Federal 21 support shall withhold all such Federal support from such 22 State program. 233 (b) In the administration of any law which provides 24 Federal retraining programs for unemployed or underem25 ployed persons and which authorizes the utilization of State 23 1 agencies or programs in carrying out the Federal program, 2 3 no State agency or program shall be so utilized if the head of the Federal department or agency administering such law 4 finds that such State agency discriminates against any un 5 6 7 employed or underemployed person on the basis of race, religion, color, or national origin, or that such State program is so organized or operated as to discriminate against any 8 unemployed or underemployed person on the basis of race, 9 10 11 12 13 religion, color, or national origin. PUBLIC EMPLOYMENT PROGRAMS SEC. 603. Section 5 of the Act entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promo14 tion of such system, and for other purposes", approved 15 June 6, 1933, as amended (29 U.S.C. 49d), is amended 16 by adding the following new subsection at the end thereof: 17 18 "(c) Whenever the Secretary shall find that any public employment office of a State is operated in such a manner 19 (1) as to discriminate against any person because of his 20 21 race, religion, color, or national origin, or (2) as to accept. or process employment orders which are discriminatory 22 on the basis of race, color, religion, or national origin, the Secretary shall not issue any certificate to the Secretary of the Treasury for payment to such State for the administration of its public employment offices." 24 25 24 TITLE VII-GENERAL PROVISIONS 1 2 APPROPRIATIONS 3 SEC. 701. There are authorized to be appropriated such 4 sums as may be necessary to carry out the provisions of 5 this Act. 6 EFFECT ON STATE LAWS 7 SEC. 702. (a) Nothing in this Act shall be deemed to 8 exempt or relieve any person from any liability, duty, pen9 alty, or punishment provided by any present or future law 10 of any State or political subdivision of a State, other than 11 any such law which purports to require or permit the doing 12 of any act prohibited by this Act. 13 (b) Where there is a State or local agency which has 14 effective power to eliminate and prohibit discrimination in 15 employment in cases covered by this Act, and the Commission 16 determines the agency is effectively exercising such power, 17 the Commission shall seek written agreements with the State 18 or local agency under which the Commission shall refrain 19 from bringing a civil action in any cases or class of cases 20 referred to in such agreement. The Commission shall rescind 21 any such agreement when it determines such agency no 22 longer has such power, or is no longer effectively exercising 23 such power. |