Public Law 73–691

That section 1 of

Railway Labor Act.

Vol. 44, p. 577.

the Railway Labor Act is amended to read as follows:

“Section 1. “definitions

When used in this Act and for the purposes of this Act—

“First.

The term ‘carrier’ includes any express company, sleeping-car

“Carrier.”

company, carrier by railroad, subject to the Interstate Commerce Act, and any company which is directly or indirectly owned or controlled by or under common control with any carrier by railroad and which operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation, receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, and handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the business of any such ‘carrier’:

Proviso.

Street railways excluded.

Exception.

Provided, however, That the term ‘carrier’ shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other

Interstate Commerce Commission to determine, when requested.

motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Mediation Board or upon complaint of any party interested to determine after hearing whether any line operated by electric power falls within the terms of this proviso.

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“Second.

The term ‘Adjustment Board’ means the National Railroad Adjustment Board created by this Act.

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“Third.

The term ‘Mediation Board’ means the National Mediation Board created by this Act.

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“Fourth.

The term ‘commerce’ means commerce among the several States or between any State, Territory, or the District of Columbia and any foreign nation, or between any Territory or the District of Columbia and any State, or between any Territory and any other Territory, or between any Territory and the District of Columbia, or within any Territory or the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign nation.

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“Fifth.

The term ‘employee’ as used herein includes every person in the service of a carrier (subject to its continuing authority to supervise and direct the manner or rendition of his service) who performs any work defined as that of an employee or subordinate official in the orders of the Interstate Commerce Commission now in effect, and as the same may be amended or interpreted by orders hereafter entered by the Commission pursuant to the authority which is hereby conferred upon it to enter orders amending or interpreting such existing orders: Provided, however, That no occupational

Proviso.

Employee organizations not limited.

classification made by order of the Interstate Commerce Commission shall be construed to define the crafts according to which railway employees may be organized by their voluntary action, nor shall the jurisdiction or powers of such employee organizations be regarded as in any way limited or defined by the provisions of this Act or by the orders of the Commission.

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“Sixth.

The term ‘representative’ means any person or persons, labor union, organization, or corporation designated either by a carrier or group of carriers or by its or their employees, to act for it or them.

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“Seventh.

The term ‘district court’ includes the Supreme Court

“Circuit court of appeals”, includes Court of Appeals, District of Columbia.

Citation of Act.

of the District of Columbia; and the term ‘circuit court of appeals’ includes the Court of Appeals of the District of Columbia.Amendments.

“This Act may be cited as the ‘Railway Labor Act’.”

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Sec. 2.

Section 2 of the Railway Labor Act is amended to read as follows:

“Sec. 2. “general purposes

The purposes of the Act are: (1) To avoid any interruption to commerce or to the operation of any carrier engaged therein; (2) to forbid any limitation upon freedom of association among

Freedom of association of employees to join labor organization.

Complete independence of self organization.

employees or any denial, as a condition of employment or otherwise, of the right of employees to join a labor organization; (3) to provide for the complete independence of carriers and of employees in the matter of self-organization to carry out the purposes of this Act; (4) to provide for the prompt and orderly settlement of all

Settlement of disputes.

disputes concerning rates of pay, rules, or working conditions; (5) to provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions.

“general duties

General duties.

“First.

It shall be the duty of all carriers, their officers, agents,

Agreements by carriers and employees concerning pay, working conditions, etc.

and employees to exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to commerce or to the operation of any carrier growing out of any dispute between the carrier and the employees thereof.

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“Second.

All disputes between a carrier or carriers and its or

Conferences to speedily consider, etc., disputes.

their employees shall be considered, and, if possible, decided, with all expedition, in conference between representatives designated and authorized so to confer, respectively, by the carrier or carrier’s and by the employees thereof interested in the dispute.

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“Third.

Representatives, for the purposes of this Act, shall be

Representatives.

Designation of.

designated by the respective parties without interference, influence, or coercion by either party over the. designation of representatives by the other; and neither party shall in any way interfere with, influence, or coerce the other in its choice of representatives. Representatives of employees for the purposes of this Act need not be persons in the employ of the carrier, and no carrier shall, by interference, influence, or coercion seek in any manner to prevent the designation by its employees as their representatives of those who or which are not employees of the carrier.

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“Fourth.

Employees shall have the right to organize and bargain

Rights of employees.

collectively through representatives of their own choosing. The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this Act. No carrier, its officers or agents, shall

Interference by carrier unlawful.

deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees, or to use the funds of the carrier in maintaining or assisting or contributing to any labor organization, labor representative, or other agency of collective bar-gaining, or in performing any work therefor, or to influence or coerce employees in an effort to induce them to join or remain or not to join or remain members of any labor organization, or to deduct from the wages of employees any dues, fees, assessments, or other contributions payable to labor organizations, or to collect or to assist in the collection of any such dues, fees, assessments, or other contributions: Provided, That nothing in this Act shall be construed

Proviso.

Management-employee conferences.

to prohibit a carrier from permitting an employee, individually, or local representatives of employees from conferring with management during working hours without loss of time, or to prohibit a carrier from furnishing free transportation to its employees while engaged in the business of a labor organization.

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“Fifth.

No carrier, its officers, or agents shall require any person seeking employment to sign any contract or agreement promising to join or not to join a labor organization; and if any such contract has been enforced prior to the effective date of this Act, then such carrier shall notify the employees by an appropriate order that such contract has been discarded and is no longer binding on them in any way.

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“Sixth.

In case of a dispute between a carrier or carriera and its or their employees, arising ont of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, it shall be the fluty of the designated representative

Conferences.

or representatives of such carrier or carriers and of such employees, within ten days after the receipt of notice of a. desire on the part of either party to confer in respect to such dispute, to specify a time and place at which such conference shall be held:

Provisos.

Place.

Provided, (1) That the place so specified shall be situated upon the line of the carrier involved or as otherwise mutually agreed upon;

Time limit.

and (2) that the time so specified shall allow the designated conferees reasonable opportunity to reach such place of conference, but shall not exceed twenty days from the receipt of such notice: And provided further,

Agreements in effect not superseded.

That nothing in this Act shall be construed to supersede the provisions of any agreement (as to conferences) then in effect between the parties.

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“Seventh.

No carrier, its officers or agents shall change the rates of pay, rules, or working conditions of its employees, as a class as embodied in agreements except in the manner prescribed in such agreements or in section 6 of this Act.

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“Eighth.

Every carrier shall notify its employees by printed notices in such form and posted at such times and places as shall be specified by the Mediation Board that all disputes between the carrier and ite employees will be handled in accordance with the requirements of this Act, and in such notices there shall be printed verbatim, in large type, the third, fourth, and fifth paragraphs

Embodying provisions in contracts.

of this section. The provisions of said paragraphs are hereby made a part of the contract of employment between the carrier and each employee, and shall be held binding upon the parties, regardless of any other express or implied agreements betweeen them.

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“Ninth.

If any dispute shall arise among a carrier’s employees as to who are the representatives of such employees designated and authorized in accordance with the requirements of this Act, it shall be the duty of the Mediation Board, upon request of either party to

Names of representatives to be certified.

the dispute, to investigate such dispute and to certify to both parties, in writing, within thirty days after the receipt of the invocation of the services, the name or names of the individuals or organizations that have been designated and authorized to represent the employees involved in the dispute, and certify the same to the carrier. Upon receipt of such certification the carrier shall treat with the representative so certified as the representative of the craft or class for

Election of representatives.

the purposes of this Act. In such an investigation, the Mediation Board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized representatives in such manner as shall insure the choice of representatives by the employees without interference, influence, or coercion exercised by

Rules.

the carrier. In the conduct of any election for the purposes herein indicated the Board shall designate who may participate in the election and establish the indes to govern the election, or may appoint a committee of three neutral persons who after hearing shall within ten days designate the employees who may participate in the election. The Board shall have access to and have power to make

Board to have access to carriers records, etc.

copies of the books and records of the carriers to obtain and utilize such information as may be deemed necessary by it to carry out the purposes and provisions of this paragraph.

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“Tenth.

The willful failure or refusal of any carrier, its officers

Penalty provisions.

or agents to comply with the terms of the third, fourth, fifth, seventh, or eighth paragraph of this section shall be a misdemeanor, and upon conviction thereof the carrier, officer, or agent offending shall be subject to a fine of not less than $1,000 nor more than $20,000 or imprisonment for not more than six months, or both fine and imprisonment, for each offense, and each day during which such carrier, officer, or agent shall willfully fail or refuse to comply with the terms of the said paragraphs of this section shall constitute a separate offense. It

Enforcement proceedings.

shall be the duty of any district attorney of the United States to whom any duly designated representative of a carrier’s employees may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States, all necessary proceedings for the enforcement of the provisions of this section, and for the punishment of all violations thereof and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States: Provided, That

Proviso.

Labor without consent forbidden.

nothing in this Act shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor

Quitting not an illegal set.

by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent.”

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Sec. 3.

Section 3 of the Railway Labor Act is amended to read as

Vol. 44, p. 578.

follows:

“Sec. 3. “national board of adjustment—grievances of agreements

First.

There is hereby established a Board, to be known

Establishment.

as the ‘National Railroad Adjustment Board’, the members of which shall be selected within thirty days after approval of this Act, and it is hereby provided—

“(a)“(a)

That the said Adjustment Board shall consist of thirty-six

Composition; division of membership.

members, eighteen of whom shall be selected by the carriers and eighteen by such labor organizations of the employees, national in scope, as have been or may be organized in accordance with the provisions of section 2 of this Act.

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“(b)“(b)

The carriers, acting each through its board of directors or

Manner of selecting carriers representative.

its receiver or receivers, trustee or trustees or through an officer or officers designated for that purpose by such board, trustee or trustees or receiver or receivers, shall prescribe the rules under which its representatives shall be selected and shall select the representatives of the carriers on the Adjustment Board and designate the division on which each such representative shall serve, but no carrier or system of carriers shall have more than one representative on any division of the Board.

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“(c)“(c)

The national labor organizations, as defined in paragraph

Method for selecting labor members of Board.

(a) of this section, acting each through the chief executive or other medium designated by the organization or association thereof, shall prescribe the rules under which the labor members of the Adjustment Board shall be selected and shall select such members and designate the division on which each member shall serve; but no

Limitation.

labor organization shall have more than one representative on any division of the Board.

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“(d)“(d)

In case of a permanent or temporary vacancy on the Adjustment Board, the vacancy shall be filled by selection in the same manner as in the original selection.

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“(e)“(e)

If either the carriers or the labor organizations of the employees fail to select and designate representatives to the Adjustment Board, as provided in paragraphs (b) and (c) of this section, respectively, within sixty days after the passage of this Act, in case of any original appointment to office of a member of the Adjustment Board, or in case of a vacancy in any such office within thirty days after such vacancy occurs, the Mediation Board shall thereupon directly make the appointment and shall select an individual associated in interest with the carriers or the group of labor organizations of employees, whichever he is to represent.

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“(f)“(f)

In the event a dispute arises as to the right of any national labor organization to participate as per paragraph (c) of this section in the selection and designation of the labor members of the Adjustment Board, the Secretary of Labor shall investigate the claim of such labor organization to participate, and if such claim in the judgment of the Secretary of Labor has merit, the Secretary shall notify the Mediation Board accordingly, and within ten days after receipt of such advice the Mediation Board shall request those national labor organizations duly qualified as per paragraph (c) of this section to participate in the selection and designation of the labor members of the Adjustment Board to select a representative.

Selection of investigation board.

Such representative, together with a representative likewise designated by the claimant, and a third or neutral party designated by the Mediation Board, constituting a board of three, shall within thirty days after the appointment of the neutral member, investigate the claims of the labor organization desiring participation and decide whether or not it was organized in accordance with section 2

Findings final.

hereof and is otherwise properly qualified to participate in the selection of the labor members of the Adjustment Board, and the findings of such boards of three shall be final and binding.

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(g)(g)

Each member of the Adjustment Board shall be compensated by the party or parties he is to represent. Each third or neutral party selected under the provisions of (f) of this section shall receive from the Mediation Board such compensation as the

Traveling and subsistence.

Mediation Board may fix, together with his necessary traveling expenses and expenses actually incurred for subsistence, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while serving as such third or neutral party.

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“(h)“(h)

The said Adjustment Board shall be composed of four

Divisions and function.

divisions, whose proceedings shall be independent of one another, and the said divisions as well as the number of their members shall be as follows:

“First division:

To have jurisdiction over disputes involving train- and yard-service employees of carriere; that is, engineers, firemen, hostlers, and outside hostler helpers, conductors, trainmen, and yard-service employees. This division shall consist of ten members, five of whom shall be selected and designated by the carriers and five of whom shall be selected and designated by the national labor organizations of the employees.

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“Second division:

To have jurisdiction over disputes involving machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, car men, the helpers and apprentices of all the foregoing, coach cleaners, power-house employees, and railroad-shop laborers. This division shall consist of ten members, five of whom shall be selected by the carriere and five by the national labor organizations of the employees.

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“Third

division: To have jurisdiction over disputes involving

Third division.

Miscellaneous groups.

station, tower, and telegraph employees, train dispatchers, maintenance-of-way men, clerical employees, freight handlers, express, station, and store employees, signal men, sleepingcar conductors, sleepingcar porters, and maids and dining car employees. This division shall consist of ten members, five of whom shall be selected by the carriers and five by the national labor organizations of employees.

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“Fourth division:

To have jurisdiction over disputes involving

Fourth division.

Marine equipment group.

employees of carriers directly or indirectly engaged in transportation of passengers or property by water, and all other employees of carriers over which jurisdiction is not given to the first, second, and third divisions. This division shall consist of six members, three of whom shall be selected by the carriers and three by the national labor organizations of the employees.

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“(i)“(i)

The disputes between an employee or group of employees

Reference of disputes to Board.

and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on the date of approval of this Act, shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by either party to the appropriate division of the Adjustment Board with a full statement of the facts and all supporting data bearing upon the disputes.

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“(j)“(j)

Parties may be heard either in person, by counsel, or by other

Hearings authorized.

representatives, as they may respectively elect, and the several divisions of the Adjustment Board shall give due notice of all hearings to the employee or employees and the carrier or carriers involved in any disputes submitted to them.

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“(k)“(k)

Any division of the Adjustment Board shall have authority

Delegation of authority.

to empower two or more of its members to conduct hearings and make findings upon disputes, when properly submitted, at any place designated by the division: Provided, however, That final awards

Proviso.

Final awards.

as to any such dispute must be made by the entire division as hereinafter provided.

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“(l)“(l)

Upon failure of any division to agree upon an award because

Awards.

“Referee” authorized, to act with division, upon failure to agree upon.

of a deadlock or inability to secure a majority vote of the division members, as provided in paragraph (n) of this section, then such division shall forthwith agree upon and select a neutral person, to be known as ‘referee’, to sit with the division as a member thereof and make an award. Should the division fail to agree upon

If division fails to choose, referee to be named by Mediation Board.

and select a referee within ten days of the date of the deadlock or inability to secure a majority vote, then the division, or any member thereof, or the parties or either party to the dispute may certify that fact to the Mediation Board, which Board shall, within ten days from the date of receiving such certificate, select and name the referee to sit with the division as a member thereof and make an award. The Mediation Board shall be bound by the same provisions in the

Appointment to be neutral.

appointment of these neutral referees as are provided elsewhere in this Act for the appointment of arbitrators and shall fix and pay the compensation of such referees.

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“(m)“(m)

The awards of the several divisions of the Adjustment

Awards to be in writing.

Board shall be stated in writing. A copy of the awards shall be furnished to the respective parties to the controversy, and the awards

Copies to be furnished contestants; decision final.

shall be final and binding upon both parties to the dispute, except insofar as they shall contain a money award. In case a dispute

Interpretation to be made, on request.

arises involving an interpretation of the award the division of the Board upon request of either party shall interpret the award in the light of the dispute.

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“(n)“(n)

A majority vote of all members of the division of the Adjustment Board shall be competent to make an award with respect to any dispute submitted to it.

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“(o)“(o)

In case of an award by any division of the Adjustment Board in favor of petitioner, the division of the Board shall make an order, directed to the carrier, to make the award effective and, if the award includes a requirement for the payment of money, to pay to the employee the sum to which he is entitled under the award on or before a day named.

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“(p)“(p)

If a carrier does not comply with an order of a division of the Adjustment Board within the time limit in such order, the petitioner, or any person for whose benefit such order was made, may file in the District Court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the carrier operates, a petition setting forth briefly the causes for which he claims relief, and the order of the division of the Adjustment Board in the premises.

Procedure.

Such suit in the District Court of the United States shall proceed in all respects as other civil suits, except that on the trial of such suit the findings and order of the division of the Adjustment Board shall be prima facie evidence of the facts therein stated, and except

Paying court costs.

that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings, unless they accrue upon his appeal, and such costs shall be paid out of the appropriation for the expenses of the courts of the United States.

Attorney’s fee allowed petitioner if he prevails.

Powers of enforcement.

If the petitioner shall finally prevail he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. The district courts are empowered, under the rules of the court governing actions at law, to make such order and enter such judgment, by writ of mandamus or otherwise, as may be appropriate to enforce or set aside the order of the division of the Adjustment Board.

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“(q)“(q)

All actions at law based upon the provisions of this section shall be begun within two years from the time the cause of action accrues under the award of the division of the Adjustment Board, and not after.

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“(r)“(r)

The several divisions of the Adjustment Board shall maintain headquarters in Chicago, Illinois, meet regularly, and continue in session so long as there is pending before the division any matter within its jurisdiction which has been submitted for its consideration and which has not been disposed of.

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“(s)“(s)

Whenever practicable, the several divisions or subdivisions of the Adjustment Board shall be supplied with suitable quarters in any Federal building located at its place of meeting.

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“(t)“(t)

The Adjustment Board may, subject to the approval of the Mediation Board, employ and fix the compensations of such

Compensation.

assistants as it deems necessary in carrying on its proceedings. The compensation of such employees shall be paid by the Mediation Board.

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“(u)“(u)

The Adjustment Board shall meet within forty days after the approval of this Act and adopt such rules as it deems necessary to control proceedings before the respective divisions and not in conflict with the provisions of this section. Immediately following the meeting of the entire Board and the adoption of such rules, the respective divisions shall meet and organize by the selection of a

Each division to select chairman, etc.

chairman, a vice chairman, and a secretary. Thereafter each division shall annually designate one of its members to act as chairman and one of its members to act as vice chairman: Provided, however,

Proviso

Alternating chairmanships.

That the chairmanship and vice-chairmanship of any division shall alternate as between the groups, so that both the chairmanship and vice chairmanship shall be held alternately by a representative of the carriers and a representative of the employees. In case of a vacancy,

Filling vacancies.

such vacancy shall be filled for the unexpired term by the selection of a successor from the same group.

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“(v)“(v)

Each division of the Adjustment Board shall annually

Each division to report annually to Board.

prepare and submit a report of its activities to the Mediation Board, and the substance of such report shall be included in the annual report of the Mediation Board to the

Contents.

Congress of the United States. The reports of each division of the Adjustment Board and the annual report of the Mediation Board shall state in detail all cases heard, all actions taken, the names, salaries, and duties of all agencies, employees, and officers receiving compensation from the United States under the authority of this Act, and an account of all moneys appropriated by Congress pursuant to the authority conferred by this Act and disbursed by such agencies, employees, and officers.

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“(w)“(w)

Any division of the Adjustment Board shall have authority,

Establishing subordinate boards permitted.

in its discretion, to establish regional adjustment boards to act in its place and stead for such limited period as such division may determine to be necessary. Carrier members of such regional boards shall be designated in keeping with rules devised, for this purpose by the carrier members of the Adjustment Board and the labor members shall be designated in keeping with rules devised for this purpose by the labor members of the Adjustment Board. Any such

Authority conferred.

regional board shall, during the time for which it is appointed, have the same authority to conduct hearings, make findings upon disputes and adopt the same procedure as the division of the Adjustment Board appointing it, and its decisions shall be enforceable to the same extent and under the same processes. A neutral person,

Referee may be appointed.

as referee, shall be appointed for service in connection with any such regional adjustment board in the same circumstances and manner as provided in paragraph (l) hereof, with respect to a division of the Adjustment Board.

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“Second.

Nothing in this section shall be construed to prevent any

Individual agreements not prohibited.

individual carrier, system, or group of carriers and any class or classes of its or their employees, all acting through their representatives, selected in accordance with the provisions of this Act, from mutually agreeing to the establishment of system, group, or regional boards of adjustment for the purpose of adjusting and deciding disputes of the character specified in this section. In the event that

In event of dissatisfaction. either party may elect to come under Board’s jurisdiction.

either party to such a system, group, or regional board of adjustment is dissatisfied with such arrangement, it may upon ninety days’ notice to the other party elect to come under the jurisdiction of the Adjustment Board.”

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Section 4

of the Railway Labor Act is amended to read as follows:

Vol. 47, p. 579.

“Sec. 4.

First.

The Board of Mediation is hereby abolished, effective

Board of Mediation abolished.

thirty days from the approval of this Act and the members, secretary, officers, assistants, employees, and agents thereof, in office upon the date of the approval of this Act, shall continue to function and receive their salaries for a period of thirty days from such date in the same manner as though this Act had not been passed. There

National Mediation Board established as an independent executive agency.

is hereby established, as an independent agency in the executive branch of the Government, a board to be known as the ‘National

Composition and appointment thereon.

Mediation Board to be composed of three members appointed by the President, by and with the advice and consent of the Senate, not more than two of whom shall be of the same political party. The

Terms of first appointees.

terms of office of the members first appointed shall begin as soon as the members shall qualify, but not before thirty days after the approval of this Act, and expire, as designated by the President at the time of nomination, one on February 1, 1935, one on February 1, 1936,

Successors.

and one on February 1, 1937. The terms of office of all successors shall expire three years after the expiration of the terms for

Vacancies.

which their predecessors were appointed; but any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. Vacancies in the Board shall not impair the powers nor affect the duties of the Board nor of the remaining members of the Board. Two of the members in office shall constitute a quorum for the transaction of the business of the Board.

Salary and expenses.

Each member of the Board shall receive a salary at the rate of $10,000 per annum, together with necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while away from the principal

Disqualification if having any personal interest.

office of the Board on business required by this Act. No person in the employment of or who is peculiarly or otherwise interested in any organization of employees or any carrier shall enter upon the duties of or continue to be a member of the Board.

“All cases referred to the Board of Mediation and unsettled on the date of the approval of this Act shall be handled to conclusion by the Mediation Board.

Removals.

“A member of the Board may be removed by the President for inefficiency, neglect of duty, malfeasance in office, or ineligibility, but for no other cause.

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“Second.

The Mediation Board shall annually designate a member

Principal office.

to act as chairman. The Board shall maintain its principal office in the District of Columbia, but it may meet at any other place whenever

One or more members may act as mediator.

it deems it necessary so to do. The Board may designate one or more of its members to exercise the functions of the Board in mediation

Administering oaths.

proceedings. Each member of the Board shall have power to administer oaths and affirmations. The Board shall have a seal which shall

Report to Congress.

be judicially noticed. The Board shall make an annual report to Congress.

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“Third.

The Mediation Board may (1) appoint such experts and assistants to act in a confidential capacity and, subject to the

Other officers and employees.

provisions of the civil-service laws, said other officers and employees as are essential to the effective transaction of the work of the Board; (2) in accordance with the Classification Act of 1923, fix the salaries of such experts, assistants, officers, and employees; and (3) make such expenditures (including expenditures for rent and personal

Books of reference.

services at the seat of government and elsewhere, for law books, periodicals, and books of reference, and for printing and binding,

Travel expenses.

and including expenditures for salaries and compensation, necessary traveling expenses and expenses actually incurred for subsistence, and other necessary expenses of the Mediation Board, Adjustment Board, Regional Adjustment Boards established under paragraph (w) of section 3, and boards of arbitration, in accordance with the provisions of this section and sections 3 and 7, respectively), as may be necessary for the execution of the functions vested in the Board, in the Adjustment Board and in the boards of arbitration, and as

Payments.

may be provided for by the Congress from time to time. All expenditures of the Board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman.

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“Fourth.

The Mediation Board is hereby authorized by its order

Any portion of work, etc., may be assigned to a member or employee.

to assign, or refer, any portion of its work, business, or functions arising under this or any other Act of Congress, or referred to it by Congress or either branch thereof, to an individual member of the Board or to an employee or employees of the Board to be designated

Board may modify or rescind assignment.

by such order for action thereon, and by its order at any time to amend, modify, supplement, or rescind any such assignment or reference. All such orders shall take effect forthwith and remain in effect until otherwise ordered by the Board. In conformity with

Powers conferred.

and subject to the order or orders of the Mediation Board in the premises, and such individual member of the Board or employee designated shall have power and authority to act as to any of said work, business, or functions so assigned or referred to him for action by the Board.

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“Fifth.

All officers and employees of the Board of Mediation

All necessary personnel of Board of Mediation transferred to the Board.

(except the members thereof, whose offices are hereby abolished) whose services in the judgment of the Mediation Board are necessary to the efficient operation of the Board are hereby transferred to the Board, without change in classification or compensation; except that the Board may provide for the adjustment of such classification or compensation to conform to the duties to which such officers and employees may be assigned.

“All unexpended appropriations for the operation of the Board of

Available appropriations to lie transferred to Mediation Board.

Mediation that are available at the time of the abolition of the Board of Mediation shall be transferred to the Mediation Board and shall be available for its use for salaries and other authorized expenditures.”

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Sec. 5.

Section 5 of the Railway Labor Act is amended to read as follows:

“Sec. 5.

First.

The parties, or either party, to a dispute between

Right of either disputant to invoke service of Board.

an employee or group of employees and a carrier may invoke the services of the Mediation Board in any of the following cases:

“(a)“(a)

A dispute concerning changes in rates of pay, rules, or working conditions not adjusted by the parties in conference.

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“(b)“(b)

Any other dispute not referable to the National Railroad Adjustment Board and not adjusted in conference between the parties or where conferences are refused.

“The Mediation Board may proffer its services in case any labor

Proffer of services by Board.

emergency is found by it to exist at any time.

“In either event the said Board shall promptly put itself in communication with the parties to such controversy, and shall use its best efforts, by mediation, to bring them to agreement. If such efforts to bring about an amicable settlement through mediation shall be unsuccessful, the said Board shall at once endeavor as its final required action (except as provided in paragraph third of this section and in section 10 of this Act) to induce the parties to submit their controversy to arbitration, in accordance with the provisions of this Act.

“If arbitration at the request of the Board shall be refused by

Action if arbitration refused.

one or both parties, the Board shall at once notify both parties in writing that its mediatory efforts have failed and for thirty days thereafter, unless in the intervening period the parties agree to arbitration, or an emergency board shall be created under section 10 of this Act, no change shall be made in the rates of pay, rules,

No change in pay, etc., rates to be made.

or working conditions or established practices in effect prior to the time the dispute arose.

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“Second.

In any case in which a controversy arises over the meaning or the application of any agreement reached through mediation under the provisions of this Act, either party to the said agreement, or both, may apply to the Mediation Board for an interpretation of the meaning or application of such agreement. The said Board shall upon receipt of such request notify the parties to the controversy, and after a hearing of both sides give its interpretation within thirty days.

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“Third.

The Mediation Board shall have the following duties with respect to the arbitration of disputes under section 7 of this Act:

“(a)“(a)

On failure of the arbitrators named by the parties to agree on the remaining arbitrator or arbitrators within the time set by section 7 of this Act, it shall be the duty of the Mediation Board

Qualifications.

to name such remaining arbitrator or arbitrators. It shall be the duty of the Board in naming such arbitrator or arbitrators to appoint only those whom the Board shall deem wholly disinterested in the controversy to be arbitrated and impartial and without bias

Removal.

as between the parties to such arbitration. Should, however, the Board name an arbitrator or arbitrators not so disinterested and impartial, then, upon proper investigation and presentation of the facts, the Board shall promptly remove such arbitrator.

Selecting a successor.

“If an arbitrator named by the Mediation Board, in accordance with the provisions of this Act, shall be removed by such Board as provided by this Act, or if such an arbitrator refuses or is unable to serve, it shall be the duty of the Mediation Board, promptly, to select another arbitrator, in the same manner as provided in this Act for an original appointment by the Mediation Board.

.

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“(b)“(b)

Any member of the Mediation Board is authorized to take the acknowledgment of an agreement to arbitrate under this Act. When so acknowledged, or when acknowledged by the parties before a notary public or the clerk of a district court or a circuit court of appeals of the United States, such agreement to arbitrate shall be delivered to a member of said Board or transmitted to said Board, to be filed in its office.

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“(c)“(c)

When an agreement to arbitrate has been filed with the Mediation Board, or with one of its members, as provided by this section, and when the said Board has been furnished the names of the arbitrators chosen by the parties to the controversy it shall be the duty of the Board to cause a notice in writing to be served upon said arbitrators, notifying them of their appointment, requesting them to meet promptly to name the remaining arbitrator or arbitrators necessary to complete the Board of Arbitration, and advising them of the period within which, as provided by the agreement to arbitrate, they are empowered to name such arbitrator or arbitrators.

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“(d)“(d)

Either party to an arbitration desiring the reconvening of a board of arbitration to pass upon any controversy arising over the meaning or application of an award may so notify the Mediation Board in writing, stating in such notice the question or questions to be submitted to such reconvened Board. The Mediation Board shall thereupon promptly communicate with the members of the Board of Arbitration, or a subcommittee of such Board appointed for such purpose pursuant to a provision in the agreement to arbitrate, and arrange for the reconvening of said Board of Arbitration or sub-committee, and shall notify the respective parties to the controversy

Hearings; restriction.

of the time and place at which the Board, or the subcommittee, will meet for hearings upon the matters in controversy to be submitted

Evidence to be considered.

to it. No evidence other than that contained in the record filed with the original award shall be received or considered by such recon vened Board or subcommittee, except such evidence as may be necessary to illustrate the interpretations suggested by the parties. If any

Filling vacancy.

member of the original Board is unable or unwilling to serve on such reconvened Board or subcommittee thereof, another arbitrator shall be named in the same manner and with the same powers and duties as such original arbitrator.

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“(e)“(e)

Within sixty days after the approval of this Act every carrier

Employer-employee contracts concerning rates of pay, etc.

Filing with Board required.

Statement in lieu.

shall file with the Mediation Board a copy of each contract with its employees in effect on the 1st day of April 1934, covering rates of pay, rules, and working conditions. If no contract with any craft or class of its employees has been entered into, the carrier shall file with the Mediation Board a statement of that fact including also a statement of the rates of pay, rules, and working conditions applicable in dealing with such craft or class. When any new contract is

New contracts.

executed or change is made in an existing contract with any class or craft of its employees covering rates of pay, rules, or working conditions, or in those rates of pay, rules, and working conditions of employees not covered by contract, the carrier shall file the same with the Mediation Board within thirty days after such new contract or change in existing contract has been executed or rates of pay, rules, and working conditions have been made effective.

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“(f)“(f)

The Mediation Board shall be the custodian of all papers

Board to be custodian of all papers, etc., filed with Board of Mediation.

and documents heretofore filed with or transferred to the Board of Mediation bearing upon the settlement, adjustment, or determination of disputes between carriers and their employees or upon mediation or arbitration proceedings held under or pursuant to the provisions of any Act of Congress in respect thereto; and the President is authorized to designate a custodian of the records and property of the Board of Mediation until the transfer and delivery of such records to the Mediation Board and to require the transfer and delivery to the Mediation Board of any and all such papers and documents filed with it or in its possession.”

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Sec. 6.

Section 6 of the Railway Labor Act is amended to read

Vol. 44, p. 582.

as follows:

“Sec. 6.

Carriers and representatives of the employees shall give

Notice of intended change in rates of pay, rules, working conditions.

at least thirty days’ written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of conference between the representatives of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time, shall be within the thirty days provided in the notice. In

Decision of Board required.

every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon as required by section 5 of this Act,

Ante p. 1195.

Exception.

by the Mediation Board, unless a period of ten days has elapsed after termination of conferences without request for or proffer of the services of the Mediation Board.”

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Sec. 7.

The Railway Labor Act is amended by striking out the

Railway Labor Act.

Substitutions in designated sections of, authorized.

Vol. 44, pp. 582–587.

words “Board of Mediation” wherever they appear in sections 7, 8, 10, and 12 of such Act, and inserting in lieu thereof the words “Mediation Board.”

Sec. 8.

If any section, subsection, sentence, clause, or phrase of

Saving provisions.

this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act.

Inconsistent laws repealed.

All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.