US (United States) Code. Title 45. Chapter 8: Railway labor

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Railroads

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-CITE-

45 USC CHAPTER 8 - RAILWAY LABOR 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

-HEAD-

CHAPTER 8 - RAILWAY LABOR

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

151. Definitions; short title.

151a. General purposes.

152. General duties.

153. National Railroad Adjustment Board.

154. National Mediation Board.

155. Functions of Mediation Board.

156. Procedure in changing rates of pay, rules, and working

conditions.

157. Arbitration.

158. Agreement to arbitrate; form and contents; signatures

and acknowledgment; revocation.

159. Award and judgment thereon; effect of chapter on

individual employee.

159a. Special procedure for commuter service.

(a) Applicability of provisions.

(b) Request for establishment of emergency board.

(c) Establishment of emergency board.

(d) Public hearing by National Mediation Board upon

failure of emergency board to effectuate

settlement of dispute.

(e) Establishment of second emergency board.

(f) Submission of final offers to second emergency

board by parties.

(g) Report of second emergency board.

(h) Maintenance of status quo during dispute

period.

(i) Work stoppages by employees subsequent to

carrier offer selected; eligibility of

employees for benefits.

(j) Work stoppages by employees subsequent to

employees offer selected; eligibility of

employer for benefits.

160. Emergency board.

161. Effect of partial invalidity of chapter.

162. Authorization of appropriations.

163. Repeal of prior legislation; exception.

164. Repealed.

SUBCHAPTER II - CARRIERS BY AIR

181. Application of subchapter I to carriers by air.

182. Duties, penalties, benefits, and privileges of

subchapter I applicable.

183. Disputes within jurisdiction of Mediation Board.

184. System, group, or regional boards of adjustment.

185. National Air Transport Adjustment Board.

186. Omitted.

187. Separability.

188. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 231, 351, 354, 355, 362,

401, 404, 726, 797k, 1108, 1207 of this title; title 11 section

1167; title 18 section 1951; title 26 section 3231; title 29

sections 152, 182, 401, 402, 523, 630, 1002, 1415, 2108; title 42

section 2000e; title 49 sections 10501, 20110, 24312, 42111.

-End-

-CITE-

45 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 181, 182 of this

title; title 11 section 1113.

-End-

-CITE-

45 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 151. Definitions; short title

-STATUTE-

When used in this chapter and for the purposes of this chapter -

First. The term "carrier" includes any railroad subject to the

jurisdiction of the Surface Transportation Board, any express

company that would have been subject to subtitle IV of title 49, as

of December 31, 1995,,(!1) 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": 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 motive power.

The Surface Transportation Board is 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. The term

"carrier" shall not include any company by reason of its being

engaged in the mining of coal, the supplying of coal to a carrier

where delivery is not beyond the mine tipple, and the operation of

equipment or facilities therefor, or in any of such activities.

Second. The term "Adjustment Board" means the National Railroad

Adjustment Board created by this chapter.

Third. The term "Mediation Board" means the National Mediation

Board created by this chapter.

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.

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 of rendition of his service) who

performs any work defined as that of an employee or subordinate

official in the orders of the Surface Transportation Board now in

effect, and as the same may be amended or interpreted by orders

hereafter entered by the Board pursuant to the authority which is

conferred upon it to enter orders amending or interpreting such

existing orders: Provided, however, That no occupational

classification made by order of the Surface Transportation Board

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 chapter

or by the orders of the Board.

The term "employee" shall not include any individual while such

individual is engaged in the physical operations consisting of the

mining of coal, the preparation of coal, the handling (other than

movement by rail with standard railroad locomotives) of coal not

beyond the mine tipple, or the loading of coal at the tipple.

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.

Seventh. The term "district court" includes the United States

District Court for the District of Columbia; and the term "court of

appeals" includes the United States Court of Appeals for the

District of Columbia.

This chapter may be cited as the "Railway Labor Act."

-SOURCE-

(May 20, 1926, ch. 347, Sec. 1, 44 Stat. 577; June 7, 1934, ch.

426, 48 Stat. 926; June 21, 1934, ch. 691, Sec. 1, 48 Stat. 1185;

June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 13, 1940, ch. 664,

Secs. 2, 3, 54 Stat. 785, 786; June 25, 1948, ch. 646, Sec. 32(a),

(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;

Pub. L. 104-88, title III, Sec. 322, Dec. 29, 1995, 109 Stat. 950;

Pub. L. 104-264, title XII, Sec. 1223, Oct. 9, 1996, 110 Stat.

3287.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act May 20, 1926, ch. 347, 44 Stat. 577, as amended,

known as the Railway Labor Act, which enacted this chapter and

amended sections 225 and 348 of former Title 28, Judicial Code and

Judiciary. Sections 225 and 348 of former Title 28 were repealed by

section 39 of act June 25, 1948, ch. 646, 62 Stat. 992, section 1

of which enacted Title 28, Judiciary and Judicial Procedure.

Section 225 of former Title 28 was reenacted as sections 1291 to

1294 of Title 28. For complete classification of this Act to the

Code, see this section and Tables.

-COD-

CODIFICATION

Provisions of act Aug. 13, 1940, Sec. 2, similar to those

comprising par. First of this section, limiting the term "employer"

as applied to mining, etc., of coal, were formerly contained in

section 228a of this title. Provisions of section 3 of the act,

similar to those comprising par. Fifth of this section, limiting

the term "employee" as applied to mining, etc., of coal, were

formerly contained in sections 228a, 261, and 351 of this title,

and section 1532 of former Title 26, Internal Revenue Code, 1939.

As originally enacted, par. Seventh contained references to the

Supreme Court of the District of Columbia. Act June 25, 1936

substituted "the district court of the United States for the

District of Columbia" for "the Supreme Court of the District of

Columbia", and act June 25, 1948, as amended by act May 24, 1949,

substituted "United States District Court for the District of

Columbia" for "district court of the United States for the District

of Columbia".

As originally enacted, par. Seventh contained references to the

"circuit court of appeals". Act June 25, 1948, as amended by act

May 24, 1949, substituted "court of appeals" for "circuit court of

appeals".

As originally enacted, par. Seventh contained references to the

"Court of Appeals of the District of Columbia". Act June 7, 1934,

substituted "United States Court of Appeals for the District of

Columbia" for "Court of Appeals of the District of Columbia".

-MISC1-

AMENDMENTS

1996 - Par. First. Pub. L. 104-264 inserted ", any express

company that would have been subject to subtitle IV of title 49, as

of December 31, 1995," after "Board" the first place it appeared.

1995 - Par. First. Pub. L. 104-88, Sec. 322(1), (2), substituted

"railroad subject to the jurisdiction of the Surface Transportation

Board" for "express company, sleeping-car company, carrier by

railroad, subject to the Interstate Commerce Act" and "Surface

Transportation Board" for "Interstate Commerce Commission".

Par. Fifth. Pub. L. 104-88, Sec. 322(2), (3), substituted

"Surface Transportation Board" for "Interstate Commerce Commission"

in two places and "Board" for "Commission" in two places.

1940 - Act Aug. 13, 1940, inserted last sentence of par. First,

and second par. of par. Fifth.

1934 - Act June 21, 1934, added par. Sixth and redesignated

provisions formerly set out as par. Sixth as Seventh.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of Title 49,

Transportation.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

RESTRICTION ON ESTABLISHMENT OF NEW ANNUITIES OR PENSIONS

Pub. L. 91-215, Sec. 7, Mar. 17, 1970, 84 Stat. 72, provided

that: "No carrier and no representative of employees, as defined in

section 1 of the Railway Labor Act [this section], shall, before

April 1, 1974, utilize any of the procedures of such Act [this

chapter], to seek to make any changes in the provisions of the

Railroad Retirement Act of 1937 [section 228a et seq. of this

title] for supplemental annuities or to establish any new class of

pensions or annuities, other than annuities payable out of the

Railroad Retirement Account provided under section 15(a) of the

Railroad Retirement Act of 1937 [subsection (a) of section 228o of

this title], to become effective prior to July 1, 1974; nor shall

any such carrier or representative of employees until July 1, 1974,

engage in any strike or lockout to seek to make any such changes or

to establish any such new class of pensions or annuities: Provided,

That nothing in this section shall inhibit any carrier or

representative of employees from seeking any change with respect to

benefits payable out of the Railroad Retirement Account provided

under section 15(a) of the Railroad Retirement Act of 1937

[subsection (a) of section 228o of this title]."

SOCIAL INSURANCE AND LABOR RELATIONS OF RAILROAD COAL-MINING

EMPLOYEES; RETROACTIVE OPERATION OF ACT AUGUST 13, 1940; EFFECT ON

PAYMENTS, RIGHTS, ETC.

Sections 4-7 of act Aug. 13, 1940, as amended by Reorg. Plan No.

2 of 1946, Sec. 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095,

with regard to the operation and effect of the laws amended,

provided:

"Sec. 4. (a) The laws hereby expressly amended (section 1532 of

Title 26, I.R.C. 1939 [former Title 26, Internal Revenue Code of

1939] and sections 151, 215, 228a, 261, and 351 of this title), the

Social Security Act, approved August 14, 1935 (section 301 et seq.

of Title 42), and all amendments thereto, shall operate as if each

amendment herein contained had been enacted as a part of the law it

amends, at the time of the original enactment of such law.

"(b) No person (as defined in the Carriers Taxing Act of 1937

[section 261 et seq. of this title]) shall be entitled, by reason

of the provisions of this Act, to a refund of, or relief from

liability for, any income or excise taxes paid or accrued, pursuant

to the provisions of the Carriers Taxing Act of 1937 or subchapter

B of chapter 9 of the Internal Revenue Code [section 1500 et seq.

of former Title 26, Internal Revenue Code of 1939], prior to the

date of the enactment of this Act [Aug. 13, 1940] by reason of

employment in the service of any carrier by railroad subject to

part I of the Interstate Commerce Act [former 49 U.S.C. 1 et seq.],

but any individual who has been employed in such service of any

carrier by railroad subject to part I of the Interstate Commerce

Act as is excluded by the amendments made by this Act from coverage

under the Carriers Taxing Act of 1937 and subchapter B of chapter 9

of the Internal Revenue Code, and who has paid income taxes under

the provisions of such Act or subchapter, and any carrier by

railroad subject to part I of the Interstate Commerce Act which has

paid excise taxes under the provisions of the Carriers Taxing Act

of 1937 or subchapter B of chapter 9 of the Internal Revenue Code,

may, upon making proper application therefor to the Bureau of

Internal Revenue [now Internal Revenue Service], have the amount of

taxes so paid applied in reduction of such tax liability with

respect to employment, as may, by reason of the amendments made by

this Act, accrue against them under the provisions of title VIII of

the Social Security Act [section 1001 et seq. of Title 42] or the

Federal Insurance Contributions Act (subchapter A of chapter 9 of

the Internal Revenue Code) [section 1400 et seq. of former Title

26].

"(c) Nothing contained in this Act shall operate (1) to affect

any annuity, pension, or death benefit granted under the Railroad

Retirement Act of 1935 [section 215 et seq. of this title] or the

Railroad Retirement Act of 1937 [section 228a et seq. of this

title], prior to the date of enactment of this Act [Aug. 13, 1940],

or (2) to include any of the services on the basis of which any

such annuity or pension was granted, as employment within the

meaning of section 210(b) of the Social Security Act or section

209(b) of such Act, as amended [sections 410(b) and 409(b),

respectively, of Title 42]. In any case in which a death benefit

alone has been granted, the amount of such death benefit

attributable to services, coverage of which is affected by this

Act, shall be deemed to have been paid to the deceased under

section 204 of the Social Security Act [section 404 of Title 42] in

effect prior to January 1, 1940, and deductions shall be made from

any insurance benefit or benefits payable under the Social Security

Act, as amended [section 301 et seq. of Title 42], with respect to

wages paid to an individual for such services until such deductions

total the amount of such death benefit attributable to such

services.

"(d) Nothing contained in this Act shall operate to affect the

benefit rights of any individual under the Railroad Unemployment

Insurance Act [section 351 et seq. of this title] for any day of

unemployment (as defined in section 1(k) of such Act [section

351(k) of this title]) occurring prior to the date of enactment of

this Act. [Aug. 13, 1940]

"Sec. 5. Any application for payment filed with the Railroad

Retirement Board prior to, or within sixty days after, the

enactment of this Act shall, under such regulations as the Federal

Security Administrator may prescribe, be deemed to be an

application filed with the Federal Security Administrator by such

individual or by any person claiming any payment with respect to

the wages of such individual, under any provision of section 202 of

the Social Security Act, as amended [section 402 of Title 42].

"Sec. 6. Nothing contained in this Act, nor the action of

Congress in adopting it, shall be taken or considered as affecting

the question of what carriers, companies, or individuals, other

than those in this Act specifically provided for, are included in

or excluded from the provisions of the various laws to which this

Act is an amendment.

"Sec. 7. (a) Notwithstanding the provisions of section 1605(b) of

the Internal Revenue Code [section 1605(b) of former Title 26,

Internal Revenue Code of 1939], no interest shall, during the

period February 1, 1940, to the eighty-ninth day after the date of

enactment of this Act [Aug. 13, 1940], inclusive, accrue by reason

of delinquency in the payment of the tax imposed by section 1600

with respect to services affected by this Act performed during the

period July 1, 1939, to December 31, 1939, inclusive, with respect

to which services amounts have been paid as contributions under the

Railroad Unemployment Insurance Act [section 351 et seq. of this

title] prior to the date of enactment of this Act.

"(b) Notwithstanding the provisions of section 1601(a)(3) of the

Internal Revenue Code [section 1601(a)(3) of former Title 26,

Internal Revenue Code of 1939], the credit allowable under section

1601(a) against the tax imposed by section 1600 for the calendar

year 1939 shall not be disallowed or reduced by reason of the

payment into a State unemployment fund after January 31, 1940, of

contributions with respect to services affected by this Act

performed during the period July 1, 1939, to December 31, 1939,

inclusive, with respect to which services amounts have been paid as

contributions under the Railroad Unemployment Insurance Act

[section 351 et seq. of this title] prior to the date of enactment

of this Act [Aug. 13, 1940]: Provided, That this subsection shall

be applicable only if the contributions with respect to such

services are paid into the State unemployment fund before the

ninetieth day after the date of enactment of this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 157, 182, 231n of this

title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

45 USC Sec. 151a 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 151a. General purposes

-STATUTE-

The purposes of the chapter 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 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

chapter; (4) to provide for the prompt and orderly settlement of

all 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.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 2, 44 Stat. 577; June 21, 1934, ch.

691, Sec. 2, 48 Stat. 1186.)

-COD-

CODIFICATION

Section is comprised of the first sentence of section 2 of act

May 20, 1926. The remainder of section 2 of act May 20, 1926, is

classified to section 152 of this title.

-MISC1-

AMENDMENTS

1934 - Act June 21, 1934, reenacted provisions comprising this

section without change.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 157, 231n of this

title.

-End-

-CITE-

45 USC Sec. 152 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 152. General duties

-STATUTE-

First. Duty of carriers and employees to settle disputes

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

Second. Consideration of disputes by representatives

All disputes between a carrier or carriers and its or 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 carriers

and by the employees thereof interested in the dispute.

Third. Designation of representatives

Representatives, for the purposes of this chapter, shall be

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 chapter 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.

Fourth. Organization and collective bargaining; freedom from

interference by carrier; assistance in organizing or maintaining

organization by carrier forbidden; deduction of dues from wages

forbidden

Employees shall have the right to organize and bargain

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 chapter. No carrier, its officers, or agents

shall 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 bargaining, 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 chapter shall be construed 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.

Fifth. Agreements to join or not to join labor organizations

forbidden

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 chapter, 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.

Sixth. Conference of representatives; time; place; private

agreements

In case of a dispute between a carrier or carriers and its or

their employees, arising out of grievances or out of the

interpretation or application of agreements concerning rates of

pay, rules, or working conditions, it shall be the duty of the

designated representative 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: Provided, (1) That the place so specified

shall be situated upon the line of the carrier involved or as

otherwise mutually agreed upon; 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, That nothing

in this chapter shall be construed to supersede the provisions of

any agreement (as to conferences) then in effect between the

parties.

Seventh. Change in pay, rules, or working conditions contrary to

agreement or to section 156 forbidden

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 156 of this title.

Eighth. Notices of manner of settlement of disputes; posting

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

its employees will be handled in accordance with the requirements

of this chapter, and in such notices there shall be printed

verbatim, in large type, the third, fourth, and fifth paragraphs of

this section. The provisions of said paragraphs are 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 between them.

Ninth. Disputes as to identity of representatives; designation by

Mediation Board; secret elections

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 chapter, it shall be

the duty of the Mediation Board, upon request of either party to

the dispute, to investigate such dispute and to certify to both

parties, in writing, within thirty days after the receipt of the

invocation of its 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 the purposes of this chapter. 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 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 rules 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

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.

Tenth. Violations; prosecution and penalties

The willful failure or refusal of any carrier, its officers 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 shall be the

duty of any United States attorney 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 nothing

in this chapter shall be construed to require an individual

employee to render labor or service without his consent, nor shall

anything in this chapter be construed to make the quitting of his

labor 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.

Eleventh. Union security agreements; check-off

Notwithstanding any other provisions of this chapter, or of any

other statute or law of the United States, or Territory thereof, or

of any State, any carrier or carriers as defined in this chapter

and a labor organization or labor organizations duly designated and

authorized to represent employees in accordance with the

requirements of this chapter shall be permitted -

(a) to make agreements, requiring, as a condition of continued

employment, that within sixty days following the beginning of

such employment, or the effective date of such agreements,

whichever is the later, all employees shall become members of the

labor organization representing their craft or class: Provided,

That no such agreement shall require such condition of employment

with respect to employees to whom membership is not available

upon the same terms and conditions as are generally applicable to

any other member or with respect to employees to whom membership

was denied or terminated for any reason other than the failure of

the employee to tender the periodic dues, initiation fees, and

assessments (not including fines and penalties) uniformly

required as a condition of acquiring or retaining membership.

(b) to make agreements providing for the deduction by such

carrier or carriers from the wages of its or their employees in a

craft or class and payment to the labor organization representing

the craft or class of such employees, of any periodic dues,

initiation fees, and assessments (not including fines and

penalties) uniformly required as a condition of acquiring or

retaining membership: Provided, That no such agreement shall be

effective with respect to any individual employee until he shall

have furnished the employer with a written assignment to the

labor organization of such membership dues, initiation fees, and

assessments, which shall be revocable in writing after the

expiration of one year or upon the termination date of the

applicable collective agreement, whichever occurs sooner.

(c) The requirement of membership in a labor organization in an

agreement made pursuant to subparagraph (a) of this paragraph

shall be satisfied, as to both a present or future employee in

engine, train, yard, or hostling service, that is, an employee

engaged in any of the services or capacities covered in the First

division of paragraph (h) of section 153 of this title defining

the jurisdictional scope of the First Division of the National

Railroad Adjustment Board, if said employee shall hold or acquire

membership in any one of the labor organizations, national in

scope, organized in accordance with this chapter and admitting to

membership employees of a craft or class in any of said services;

and no agreement made pursuant to subparagraph (b) of this

paragraph shall provide for deductions from his wages for

periodic dues, initiation fees, or assessments payable to any

labor organization other than that in which he holds membership:

Provided, however, That as to an employee in any of said services

on a particular carrier at the effective date of any such

agreement on a carrier, who is not a member of any one of the

labor organizations, national in scope, organized in accordance

with this chapter and admitting to membership employees of a

craft or class in any of said services, such employee, as a

condition of continuing his employment, may be required to become

a member of the organization representing the craft in which he

is employed on the effective date of the first agreement

applicable to him: Provided, further, That nothing herein or in

any such agreement or agreements shall prevent an employee from

changing membership from one organization to another organization

admitting to membership employees of a craft or class in any of

said services.

(d) Any provisions in paragraphs Fourth and Fifth of this

section in conflict herewith are to the extent of such conflict

amended.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 2, 44 Stat. 577; June 21, 1934, ch.

691, Sec. 2, 48 Stat. 1186; June 25, 1948, ch. 646, Sec. 1, 62

Stat. 909; Jan. 10, 1951, ch. 1220, 64 Stat. 1238.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in par. Fifth,

probably means May 20, 1926, the date of approval of act May 20,

1926, ch. 347, 44 Stat. 577.

-COD-

CODIFICATION

Section is comprised of pars. designated First to Eleventh of

section 2 of act May 20, 1926. The remainder of section 2 of act

May 20, 1926, is classified to section 151a of this title.

-MISC1-

AMENDMENTS

1951 - Act Jan. 10, 1951, added par. Eleventh.

1934 - Act June 21, 1934, substituted "by the carrier or

carriers" for "by the carriers" in par. Second, generally amended

pars. Third, Fourth, and Fifth, and added pars. Sixth to Tenth.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "district attorney of the United States". See section

541 of Title 28, Judiciary and Judicial Procedure, and Historical

and Revision Notes thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 157, 231n of this

title; title 29 section 2101.

-End-

-CITE-

45 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 153. National Railroad Adjustment Board

-STATUTE-

First. Establishment; composition; powers and duties; divisions;

hearings and awards; judicial review

There is established a Board, to be known as the "National

Railroad Adjustment Board", the members of which shall be selected

within thirty days after June 21, 1934, and it is provided -

(a) That the said Adjustment Board shall consist of thirty-four

members, seventeen of whom shall be selected by the carriers and

seventeen by such labor organizations of the employees, national in

scope, as have been or may be organized in accordance with the

provisions of sections 151a and 152 of this title.

(b) The carriers, acting each through its board of directors or

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 voting representative on any division of the Board.

(c) Except as provided in the second paragraph of subsection (h)

of this section, the national labor organizations, as defined in

paragraph (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 labor organization shall have more than one

voting representative on any division of the Board.

(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.

(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 June 21, 1934, 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.

(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. 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 sections 151a and 152 of this title 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.

(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 paragraph (f) of this

section shall receive from the Mediation Board such compensation as

the 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.

(h) The said Adjustment Board shall be composed of four

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 carriers; that is, engineers,

firemen, hostlers, and outside hostler helpers, conductors,

trainmen, and yard-service employees. This division shall consist

of eight members, four of whom shall be selected and designated by

the carriers and four of whom shall be selected and designated by

the labor organizations, national in scope and organized in

accordance with sections 151a and 152 of this title and which

represent employees in engine, train, yard, or hostling service:

Provided, however, That each labor organization shall select and

designate two members on the First Division and that no labor

organization shall have more than one vote in any proceedings of

the First Division or in the adoption of any award with respect to

any dispute submitted to the First Division: Provided further,

however, That the carrier members of the First Division shall cast

no more than two votes in any proceedings of the division or in the

adoption of any award with respect to any dispute submitted to the

First Division.

Second division: To have jurisdiction over disputes involving

machinists, boilermakers, blacksmiths, sheet-metal workers,

electrical workers, carmen, 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 carriers and five by the national labor

organizations of the employees.

Third division: To have jurisdiction over disputes involving

station, tower, and telegraph employees, train dispatchers,

maintenance-of-way men, clerical employees, freight handlers,

express, station, and store employees, signal men, sleeping-car

conductors, sleeping-car 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.

Fourth division: To have jurisdiction over disputes involving

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.

(i) The disputes between an employee or group of employees 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 June 21, 1934, 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.

(j) Parties may be heard either in person, by counsel, or by

other 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.

(k) Any division of the Adjustment Board shall have 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 except as

provided in paragraph (h) of this section, final awards as to any

such dispute must be made by the entire division as hereinafter

provided.

(l) Upon failure of any division to agree upon an award because

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 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 of these neutral referees as

are provided elsewhere in this chapter for the appointment of

arbitrators and shall fix and pay the compensation of such

referees.

(m) The awards of the several divisions of the Adjustment Board

shall be stated in writing. A copy of the awards shall be furnished

to the respective parties to the controversy, and the awards shall

be final and binding upon both parties to the dispute. In case a

dispute 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.

(n) A majority vote of all members of the division of the

Adjustment Board eligible to vote shall be competent to make an

award with respect to any dispute submitted to it.

(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. In the event any division determines that an

award favorable to the petitioner should not be made in any dispute

referred to it, the division shall make an order to the petitioner

stating such determination.

(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. 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 conclusive on the

parties, and except 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. 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: Provided, however, That such order may not be set aside

except for failure of the division to comply with the requirements

of this chapter, for failure of the order to conform, or confine

itself, to matters within the scope of the division's jurisdiction,

or for fraud or corruption by a member of the division making the

order.

(q) If any employee or group of employees, or any carrier, is

aggrieved by the failure of any division of the Adjustment Board to

make an award in a dispute referred to it, or is aggrieved by any

of the terms of an award or by the failure of the division to

include certain terms in such award, then such employee or group of

employees or carrier may file in any United States district court

in which a petition under paragraph (p) could be filed, a petition

for review of the division's order. A copy of the petition shall be

forthwith transmitted by the clerk of the court to the Adjustment

Board. The Adjustment Board shall file in the court the record of

the proceedings on which it based its action. The court shall have

jurisdiction to affirm the order of the division, or to set it

aside, in whole or in part, or it may remand the proceedings to the

division for such further action as it may direct. On such review,

the findings and order of the division shall be conclusive on the

parties, except that the order of the division may be set aside, in

whole or in part, or remanded to the division, for failure of the

division to comply with the requirements of this chapter, for

failure of the order to conform, or confine itself, to matters

within the scope of the division's jurisdiction, or for fraud or

corruption by a member of the division making the order. The

judgment of the court shall be subject to review as provided in

sections 1291 and 1254 of title 28.

(r) 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.

(s) 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.

(t) 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.

(u) The Adjustment Board may, subject to the approval of the

Mediation Board, employ and fix the compensations of such

assistants as it deems necessary in carrying on its proceedings.

The compensation of such employees shall be paid by the Mediation

Board.

(v) The Adjustment Board shall meet within forty days after June

21, 1934, 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

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, 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, such vacancy shall be filled for

the unexpired term by the selection of a successor from the same

group.

(w) Each division of the Adjustment Board shall annually 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 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 chapter, and an account

of all moneys appropriated by Congress pursuant to the authority

conferred by this chapter and disbursed by such agencies,

employees, and officers.

(x) Any division of the Adjustment Board shall have authority, 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

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, 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) of this

section, with respect to a division of the Adjustment Board.

Second. System, group, or regional boards: establishment by

voluntary agreement; special adjustment boards: establishment,

composition, designation of representatives by Mediation Board,

neutral member, compensation, quorum, finality and enforcement of

awards

Nothing in this section shall be construed to prevent any

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

chapter, 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 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.

If written request is made upon any individual carrier by the

representative of any craft or class of employees of such carrier

for the establishment of a special board of adjustment to resolve

disputes otherwise referable to the Adjustment Board, or any

dispute which has been pending before the Adjustment Board for

twelve months from the date the dispute (claim) is received by the

Board, or if any carrier makes such a request upon any such

representative, the carrier or the representative upon whom such

request is made shall join in an agreement establishing such a

board within thirty days from the date such request is made. The

cases which may be considered by such board shall be defined in the

agreement establishing it. Such board shall consist of one person

designated by the carrier and one person designated by the

representative of the employees. If such carrier or such

representative fails to agree upon the establishment of such a

board as provided herein, or to exercise its rights to designate a

member of the board, the carrier or representative making the

request for the establishment of the special board may request the

Mediation Board to designate a member of the special board on

behalf of the carrier or representative upon whom such request was

made. Upon receipt of a request for such designation the Mediation

Board shall promptly make such designation and shall select an

individual associated in interest with the carrier or

representative he is to represent, who, with the member appointed

by the carrier or representative requesting the establishment of

the special board, shall constitute the board. Each member of the

board shall be compensated by the party he is to represent. The

members of the board so designated shall determine all matters not

previously agreed upon by the carrier and the representative of the

employees with respect to the establishment and jurisdiction of the

board. If they are unable to agree such matters shall be determined

by a neutral member of the board selected or appointed and

compensated in the same manner as is hereinafter provided with

respect to situations where the members of the board are unable to

agree upon an award. Such neutral member shall cease to be a member

of the board when he has determined such matters. If with respect

to any dispute or group of disputes the members of the board

designated by the carrier and the representative are unable to

agree upon an award disposing of the dispute or group of disputes

they shall by mutual agreement select a neutral person to be a

member of the board for the consideration and disposition of such

dispute or group of disputes. In the event the members of the board

designated by the parties are unable, within ten days after their

failure to agree upon an award, to agree upon the selection of such

neutral person, either member of the board may request the

Mediation Board to appoint such neutral person and upon receipt of

such request the Mediation Board shall promptly make such

appointment. The neutral person so selected or appointed shall be

compensated and reimbursed for expenses by the Mediation Board. Any

two members of the board shall be competent to render an award.

Such awards shall be final and binding upon both parties to the

dispute and if in favor of the petitioner, shall direct the other

party to comply therewith on or before the day named. Compliance

with such awards shall be enforcible by proceedings in the United

States district courts in the same manner and subject to the same

provisions that apply to proceedings for enforcement of compliance

with awards of the Adjustment Board.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 3, 44 Stat. 578; June 21, 1934, ch.

691, Sec. 3, 48 Stat. 1189; Pub. L. 89-456, Secs. 1, 2, June 20,

1966, 80 Stat. 208, 209; Pub. L. 91-234, Secs. 1-6, Apr. 23, 1970,

84 Stat. 199, 200.)

-MISC1-

AMENDMENTS

1970 - Par. First, (a). Pub. L. 91-234, Sec. 1, substituted

"thirty-four members, seventeen of whom shall be selected by the

carriers and seventeen" for "thirty-six members, eighteen of whom

shall be selected by the carriers and eighteen".

Par. First, (b). Pub. L. 91-234, Sec. 2, provided that no carrier

or system of carriers have more than one voting representative on

any division of the National Railroad Adjustment Board.

Par. First, (c). Pub. L. 91-234, Sec. 3, inserted "Except as

provided in the second paragraph of subsection (h) of this section"

before "the national labor organizations", and provided that no

labor organization have more than one voting representative on any

division of the National Railroad Adjustment Board.

Par. First, (h). Pub. L. 91-234, Sec. 4, decreased number of

members on First division of Board from ten to eight members, with

an accompanying decrease of five to four as number of members of

such Board elected respectively by the carriers and by the national

labor organizations satisfying the enumerated requirements, and set

forth provisos which limited voting by each labor organization or

carrier member in any proceedings of the division or in adoption of

any award.

Par. First, (k). Pub. L. 91-234, Sec. 5, inserted "except as

provided in paragraph (h) of this section" after proviso.

Par. First, (n). Pub. L. 91-234, Sec. 6, inserted "eligible to

vote" after "Adjustment Board".

1966 - Par. First, (m). Pub. L. 89-456, Sec. 2(a), struck out ",

except insofar as they shall contain a money award" from second

sentence.

Par. First, (o). Pub. L. 89-456, Sec. 2(b), inserted provision

for a division to make an order to the petitioner stating that an

award favorable to the petitioner should not be made in any dispute

referred to it.

Par. First, (p). Pub. L. 89-456, Sec. 2(c), (d), substituted in

second sentence "conclusive on the parties" for "prima facie

evidence of the facts therein stated" and inserted in last sentence

reasons for setting aside orders of a division of the Adjustment

Board, respectively.

Par. First, (q) to (x). Pub. L. 89-456, Sec. 2(e), added par. (q)

and redesignated former pars. (q) to (w) as (r) to (x),

respectively.

Par. Second. Pub. L. 89-456, Sec. 1, provided for establishment

of special adjustment boards upon request of employees or carriers

to resolve disputes otherwise referable to the Adjustment Board and

made awards of such boards final.

1934 - Act June 21, 1934, amended provisions comprising this

section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 154, 157, 181, 182, 184,

185, 797c, 797h, 797m of this title; title 49 section 20109.

-End-

-CITE-

45 USC Sec. 154 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 154. National Mediation Board

-STATUTE-

First. Board of Mediation abolished; National Mediation Board

established; composition; term of office; qualifications;

salaries; removal

The Board of Mediation is abolished, effective thirty days from

June 21, 1934, and the members, secretary, officers, assistants,

employees, and agents thereof, in office upon June 21, 1934, shall

continue to function and receive their salaries for a period of

thirty days from such date in the same manner as though this

chapter had not been passed. There is established, as an

independent agency in the executive branch of the Government, a

board to be known as the "National 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. Each member of the Mediation Board in

office on January 1, 1965, shall be deemed to have been appointed

for a term of office which shall expire on July 1 of the year his

term would have otherwise expired. The terms of office of all

successors shall expire three years after the expiration of the

terms for 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. Each member of the Board shall receive

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 office of the Board on

business required by this chapter. No person in the employment of

or who is pecuniarily 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. Upon the expiration of his

term of office a member shall continue to serve until his successor

is appointed and shall have qualified.

All cases referred to the Board of Mediation and unsettled on

June 21, 1934, shall be handled to conclusion by the Mediation

Board.

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.

Second. Chairman; principal office; delegation of powers; oaths;

seal; report

The Mediation Board shall annually designate a member 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

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

proceedings. Each member of the Board shall have power to

administer oaths and affirmations. The Board shall have a seal

which shall be judicially noticed. The Board shall make an annual

report to Congress.

Third. Appointment of experts and other employees; salaries of

employees; expenditures

The Mediation Board may (1) subject to the provisions of the

civil service laws, appoint such experts and assistants to act in a

confidential capacity and such other officers and employees as are

essential to the effective transaction of the work of the Board;

(2) in accordance with chapter 51 and subchapter III of chapter 53

of title 5, fix the salaries of such experts, assistants, officers,

and employees; and (3) make such expenditures (including

expenditures for rent and personal services at the seat of

government and elsewhere, for law books, periodicals, and books of

reference, and for printing and binding, 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 153 of

this title, and boards of arbitration, in accordance with the

provisions of this section and sections 153 and 157 of this title,

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 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.

Fourth. Delegation of powers and duties

The Mediation Board is authorized by its order to assign, or

refer, any portion of its work, business, or functions arising

under this chapter 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 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 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.

Fifth. Transfer of officers and employees of Board of Mediation;

transfer of appropriation

All officers and employees of the Board of Mediation (except the

members thereof, whose offices are abolished) whose services in the

judgment of the Mediation Board are necessary to the efficient

operation of the Board are 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

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.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 4, 44 Stat. 579; June 21, 1934, ch.

691, Sec. 4, 48 Stat. 1193; Oct. 28, 1949, ch. 782, title XI, Sec.

1106(a), 63 Stat. 972; Pub. L. 88-542, Aug. 31, 1964, 78 Stat.

748.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in par. Third, are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In par. First, provisions that prescribed the basis compensation

of members of the Board were omitted to conform to the provisions

of the Executive Schedule. See sections 5314 and 5315 of Title 5,

Government Organization and Employees.

In par. Third, "subject to the provisions of the civil service

laws, appoint such experts and assistants to act in a confidential

capacity and such other officers and employees" substituted for

"appoint such experts and assistants to act in a confidential

capacity and, subject to the provisions of the civil-service laws,

such other officers and employees". All such appointments are now

subject to the civil service laws unless specifically excepted by

such laws or by laws enacted subsequent to Executive Order 8743,

Apr. 23, 1941, issued by the President pursuant to the Act of Nov.

26, 1940, ch. 919, title I, Sec. 1, 54 Stat. 1211, which covered

most excepted positions into the classified (competitive) civil

service. The Order is set out as a note under section 3301 of Title

5.

In par. Third, "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5.

-MISC1-

AMENDMENTS

1964 - Par. First. Pub. L. 88-542 inserted sentences providing

that each member of the Board in office on Jan. 1, 1965, shall be

deemed to have been appointed for a term of office which shall

expire on July 1 of the year his term would have otherwise expired,

and that upon the expiration of his term of office a member shall

continue to serve until his successor is appointed and shall have

qualified, and struck out provisions which related to terms of

office of members first appointed.

1949 - Par. First. Act Oct. 15, 1949, increased basic rate of

compensation for members of the board to $15,000 per year.

Par. Third. Act Oct. 28, 1949, substituted "Classification Act of

1949" for "Classification Act of 1923".

1934 - Act June 21, 1934, amended section generally.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in par.

Second relating to the requirement that the Board make an annual

report to Congress, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and the 6th item on page 184 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 157 of this title.

-End-

-CITE-

45 USC Sec. 155 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 155. Functions of Mediation Board

-STATUTE-

First. Disputes within jurisdiction of Mediation Board

The parties, or either party, to a dispute between 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 dispute concerning changes in rates of pay, rules, or

working conditions not adjusted by the parties in conference.

(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

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 160 of this title) to induce the

parties to submit their controversy to arbitration, in accordance

with the provisions of this chapter.

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

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

160 of this title, no change shall be made in the rates of pay,

rules, or working conditions or established practices in effect

prior to the time the dispute arose.

Second. Interpretation of agreement

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 chapter, 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.

Third. Duties of Board with respect to arbitration of disputes;

arbitrators; acknowledgment of agreement; notice to arbitrators;

reconvening of arbitrators; filing contracts with Board; custody

of records and documents

The Mediation Board shall have the following duties with respect

to the arbitration of disputes under section 157 of this title:

(a) On failure of the arbitrators named by the parties to agree

on the remaining arbitrator or arbitrators within the time set by

section 157 of this title, it shall be the duty of the Mediation

Board 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

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.

If an arbitrator named by the Mediation Board, in accordance with

the provisions of this chapter, shall be removed by such Board as

provided by this chapter, 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 chapter for an original appointment by the

Mediation Board.

(b) Any member of the Mediation Board is authorized to take the

acknowledgement of an agreement to arbitrate under this chapter.

When so acknowledged, or when acknowledged by the parties before a

notary public or the clerk of a district court or a 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.

(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.

(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

subcommittee, and shall notify the respective parties to the

controversy of the time and place at which the Board, or the

subcommittee, will meet for hearings upon the matters in

controversy to be submitted to it. No evidence other than that

contained in the record filed with the original award shall be

received or considered by such reconvened Board or subcommittee,

except such evidence as may be necessary to illustrate the

interpretations suggested by the parties. If any 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.

(e) Within sixty days after June 21, 1934, every carrier 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 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.

(f) The Mediation Board shall be the custodian of all papers 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.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 5, 44 Stat. 580; June 21, 1934, ch.

691, Sec. 5, 48 Stat. 1195; June 25, 1948, ch. 646, Sec. 32(a), 62

Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-

CODIFICATION

As originally enacted, par. Third (b) contained a reference to

the "circuit court of appeals". Act June 25, 1948, as amended by

act May 24, 1949 substituted "court of appeals" for "circuit court

of appeals".

-MISC1-

AMENDMENTS

1934 - Act June 21, 1934, amended generally par. First and par.

Second, (e) and (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 156, 157, 183 of this

title.

-End-

-CITE-

45 USC Sec. 156 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 156. Procedure in changing rates of pay, rules, and working

conditions

-STATUTE-

Carriers and representatives of the employees shall give 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 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 155 of this title, 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.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 6, 44 Stat. 582; June 21, 1934, ch.

691, Sec. 6, 48 Stat. 1197.)

-MISC1-

AMENDMENTS

1934 - Act June 21, 1934, inserted "in agreements" after

"intended change" in text, struck out provision formerly contained

in text concerning changes requested by more than one class, and

substituted "Mediation Board" for "Board of Mediation" wherever

appearing.

WAGE AND SALARY ADJUSTMENTS

Ex. Ord. No. 9299, eff. Feb. 4, 1943, 8 F.R. 1669, provided

procedure with respect to wage and salary adjustments for employees

subject to this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 157, 726, 741, 797g,

1346 of this title; title 11 section 1167.

-End-

-CITE-

45 USC Sec. 157 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 157. Arbitration

-STATUTE-

First. Submission of controversy to arbitration

Whenever a controversy shall arise between a carrier or carriers

and its or their employees which is not settled either in

conference between representatives of the parties or by the

appropriate adjustment board or through mediation, in the manner

provided in sections 151 - 156 of this title such controversy may,

by agreement of the parties to such controversy, be submitted to

the arbitration of a board of three (or, if the parties to the

controversy so stipulate, of six) persons: Provided, however, That

the failure or refusal of either party to submit a controversy to

arbitration shall not be construed as a violation of any legal

obligation imposed upon such party by the terms of this chapter or

otherwise.

Second. Manner of selecting board of arbitration

Such board of arbitration shall be chosen in the following

manner:

(a) In the case of a board of three the carrier or carriers and

the representatives of the employees, parties respectively to the

agreement to arbitrate, shall each name one arbitrator; the two

arbitrators thus chosen shall select a third arbitrator. If the

arbitrators chosen by the parties shall fail to name the third

arbitrator within five days after their first meeting, such third

arbitrator shall be named by the Mediation Board.

(b) In the case of a board of six the carrier or carriers and the

representatives of the employees, parties respectively to the

agreement to arbitrate, shall each name two arbitrators; the four

arbitrators thus chosen shall, by a majority vote, select the

remaining two arbitrators. If the arbitrators chosen by the parties

shall fail to name the two arbitrators within fifteen days after

their first meeting, the said two arbitrators, or as many of them

as have not been named, shall be named by the Mediation Board.

Third. Board of arbitration; organization; compensation; procedure

(a) Notice of selection or failure to select arbitrators

When the arbitrators selected by the respective parties have

agreed upon the remaining arbitrator or arbitrators, they shall

notify the Mediation Board; and, in the event of their failure to

agree upon any or upon all of the necessary arbitrators within the

period fixed by this chapter, they shall, at the expiration of such

period, notify the Mediation Board of the arbitrators selected, if

any, or of their failure to make or to complete such selection.

(b) Organization of board; procedure

The board of arbitration shall organize and select its own

chairman and make all necessary rules for conducting its hearings:

Provided, however, That the board of arbitration shall be bound to

give the parties to the controversy a full and fair hearing, which

shall include an opportunity to present evidence in support of

their claims, and an opportunity to present their case in person,

by counsel, or by other representative as they may respectively

elect.

(c) Duty to reconvene; questions considered

Upon notice from the Mediation Board that the parties, or either

party, to an arbitration desire the reconvening of the board of

arbitration (or a subcommittee of such board of arbitration

appointed for such purpose pursuant to the agreement to arbitrate)

to pass upon any controversy over the meaning or application of

their award, the board, or its subcommittee, shall at once

reconvene. No question other than, or in addition to, the questions

relating to the meaning or application of the award, submitted by

the party or parties in writing, shall be considered by the

reconvened board of arbitration or its subcommittee.

Such rulings shall be acknowledged by such board or subcommittee

thereof in the same manner, and filed in the same district court

clerk's office, as the original award and become a part thereof.

(d) Competency of arbitrators

No arbitrator, except those chosen by the Mediation Board, shall

be incompetent to act as an arbitrator because of his interest in

the controversy to be arbitrated, or because of his connection with

or partiality to either of the parties to the arbitration.

(e) Compensation and expenses

Each member of any board of arbitration created under the

provisions of this chapter named by either party to the arbitration

shall be compensated by the party naming him. Each arbitrator

selected by the arbitrators or named by the Mediation Board shall

receive from the Mediation Board such compensation as the Mediation

Board may fix, together with his necessary traveling expenses and

expenses actually incurred for subsistence, while serving as an

arbitrator.

(f) Award; disposition of original and copies

The board of arbitration shall furnish a certified copy of its

award to the respective parties to the controversy, and shall

transmit the original, together with the papers and proceedings and

a transcript of the evidence taken at the hearings, certified under

the hands of at least a majority of the arbitrators, to the clerk

of the district court of the United States for the district wherein

the controversy arose or the arbitration is entered into, to be

filed in said clerk's office as hereinafter provided. The said

board shall also furnish a certified copy of its award, and the

papers and proceedings, including testimony relating thereto, to

the Mediation Board to be filed in its office; and in addition a

certified copy of its award shall be filed in the office of the

Interstate Commerce Commission: Provided, however, That such award

shall not be construed to diminish or extinguish any of the powers

or duties of the Interstate Commerce Commission, under subtitle IV

of title 49.

(g) Compensation of assistants to board of arbitration; expenses;

quarters

A board of arbitration may, subject to the approval of the

Mediation Board, employ and fix the compensation of such assistants

as it deems necessary in carrying on the arbitration proceedings.

The compensation of such employees, together with their necessary

traveling expenses and expenses actually incurred for subsistence,

while so employed, and the necessary expenses of boards of

arbitration, shall be paid by the Mediation Board.

Whenever practicable, the board shall be supplied with suitable

quarters in any Federal building located at its place of meeting or

at any place where the board may conduct its proceedings or

deliberations.

(h) Testimony before board; oaths; attendance of witnesses;

production of documents; subpoenas; fees

All testimony before said board shall be given under oath or

affirmation, and any member of the board shall have the power to

administer oaths or affirmations. The board of arbitration, or any

member thereof, shall have the power to require the attendance of

witnesses and the production of such books, papers, contracts,

agreements, and documents as may be deemed by the board of

arbitration material to a just determination of the matters

submitted to its arbitration, and may for that purpose request the

clerk of the district court of the United States for the district

wherein said arbitration is being conducted to issue the necessary

subpoenas, and upon such request the said clerk or his duly

authorized deputy shall be, and he is, authorized, and it shall be

his duty, to issue such subpoenas.

Any witness appearing before a board of arbitration shall receive

the same fees and mileage as witnesses in courts of the United

States, to be paid by the party securing the subpoena.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 7, 44 Stat. 582; June 21, 1934, ch.

691, Sec. 7, 48 Stat. 1197; Pub. L. 91-452, title II, Sec. 238,

Oct. 15, 1970, 84 Stat. 930.)

-COD-

CODIFICATION

In par. Third (f), "subtitle IV of title 49" substituted for "the

Interstate Commerce Act, as amended [49 U.S.C. 1 et seq.]" on

authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.

1466, the first section of which enacted subtitle IV of Title 49,

Transportation.

-MISC1-

AMENDMENTS

1970 - Par. Third, (h). Pub. L. 91-452 struck out provisions

authorizing board to invoke aid of the United States courts to

compel witnesses to attend and testify and to produce such books,

papers, contracts, agreements, and documents to same extent and

under same conditions and penalties as provided for in the

Interstate Commerce Act.

1934 - Act June 21, 1934, substituted "Mediation Board" for

"Board of Mediation" wherever appearing.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-MISC2-

WORK RULES DISPUTE

Pub. L. 88-108, Aug. 28, 1963, 77 Stat. 132, provided:

"[Sec. 1. Settlement of disputes]. That no carrier which served

the notices of November 2, 1959, and no labor organizations which

received such notices or served the labor organization notices of

September 7, 1960, shall make any change except by agreement, or

pursuant to an arbitration award as hereinafter provided, in rates

of pay, rules, or working conditions encompassed by any of such

notices, or engage in any strike or lockout over any dispute

arising from any of such notices. Any action heretofore taken which

would be prohibited by the foregoing sentence shall be forthwith

rescinded and the status existing immediately prior to such action

restored.

"Sec. 2. [Arbitration board]. There is hereby established an

arbitration board to consist of seven members. The representatives

of the carrier and organization parties to the aforesaid dispute

are hereby directed, respectively, within five days after the

enactment hereof [Aug. 28, 1963] each to name two persons to serve

as members of such arbitration board. The four members thus chosen

shall select three additional members. The seven members shall then

elect a chairman. If the members chosen by the parties shall fail

to name one or more of the additional three members within ten

days, such additional members shall be named by the President. If

either party fails to name a member or members to the arbitration

board within the five days provided, the President shall name such

member or members in lieu of such party and shall also name the

additional three members necessary to constitute a board of seven

members, all within ten days after the date of enactment of this

joint resolution [Aug. 28, 1963]. Notwithstanding any other

provision of law, the National Mediation Board is authorized and

directed: (1) to compensate the arbitrators not named by the

parties at a rate not in excess of $100 for each day together with

necessary travel and subsistence expenses, and (2) to provide such

services and facilities as may be necessary and appropriate in

carrying out the purposes of this joint resolution.

"Sec. 3. [Decision of board]. Promptly upon the completion of the

naming of the arbitration board the Secretary of Labor shall

furnish to the board and to the parties to the dispute copies of

his statement to the parties of August 2, 1963, and the papers

therewith submitted to the parties, together with memorandums and

such other data as the board may request setting forth the matters

with respect to which the parties were in tentative agreement and

the extent of disagreement with respect to matters on which the

parties were not in tentative agreement. The arbitration board

shall make a decision, pursuant to the procedures hereinafter set

forth, as to what disposition shall be made of those portions of

the carriers' notices of November 2, 1959, identified as 'Use of

Firemen (Helpers) on Other Than Steam Power' and 'Consist of Road

and Yard Crews' and that portion of the organizations' notices of

September 7, 1960, identified as 'Minimum Safe Crew Consist' and

implementing proposals pertaining thereto. The arbitration board

shall incorporate in such decision any matters on which it finds

the parties were in agreement, shall resolve the matters on which

the parties were not in agreement, and shall, in making its award,

give due consideration to those matters on which the parties were

in tentative agreement. Such award shall be binding on both the

carrier and organization parties to the dispute and shall

constitute a complete and final disposition of the aforesaid issues

covered by the decision of the board of arbitration.

"Sec. 4. [Award]. To the extent not inconsistent with this joint

resolution the arbitration shall be conducted pursuant to sections

7 and 8 of the Railway Labor Act [this section and section 158 of

this title], the board's award shall be made and filed as provided

in said sections and shall be subject to section 9 of said Act

[section 159 of this title]. The United States District Court for

the District of Columbia is hereby designated as the court in which

the award is to be filed, and the arbitration board shall report to

the National Mediation Board in the same manner as arbitration

boards functioning pursuant to the Railway Labor Act [this

chapter]. The award shall continue in force for such period as the

arbitration board shall determine in its award, but not to exceed

two years from the date the award takes effect, unless the parties

agree otherwise.

"Sec. 5. [Hearings]. The arbitration board shall begin its

hearings thirty days after the enactment of this joint resolution

[Aug. 28, 1963] or on such earlier date as the parties to the

dispute and the board may agree upon and shall make and file its

award not later than ninety days after the enactment of this joint

resolution [Aug. 28, 1963]: Provided, however, That said award

shall not become effective until sixty days after the filing of the

award.

"Sec. 6. [Collective bargaining for issues not arbitrated]. The

parties to the disputes arising from the aforesaid notices shall

immediately resume collective bargaining with respect to all issues

raised in the notices of November 2, 1959, and September 7, 1960,

not to be disposed of by arbitration under section 3 of this joint

resolution and shall exert every reasonable effort to resolve such

issues by agreement. The Secretary of Labor and the National

Mediation Board are hereby directed to give all reasonable

assistance to the parties and to engage in mediatory action

directed toward promoting such agreement.

"Sec. 7. [Considerations affecting award; enforcement.]

"(a) In making any award under this joint resolution the

arbitration board established under section 2 shall give due

consideration to the effect of the proposed award upon adequate and

safe transportation service to the public and upon the interests of

the carrier and employees affected, giving due consideration to the

narrowing of the areas of disagreement which has been accomplished

in bargaining and mediation.

"(b) The obligations imposed by this joint resolution, upon suit

by the Attorney General, shall be enforcible through such orders as

may be necessary by any court of the United States having

jurisdiction of any of the parties.

"Sec. 8. [Expiration date]. This joint resolution shall expire

one hundred and eighty days after the date of its enactment [Aug.

28, 1963], except that it shall remain in effect with respect to

the last sentence of section 4 for the period prescribed in that

sentence.

"Sec. 9. [Separability]. If any provision of this joint

resolution or the application thereof is held invalid, the

remainder of this joint resolution and the application of such

provision to other parties or in other circumstances not held

invalid shall not be affected thereby."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 154, 155, 797g of this

title; title 18 section 6001.

-End-

-CITE-

45 USC Sec. 158 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 158. Agreement to arbitrate; form and contents; signatures and

acknowledgment; revocation

-STATUTE-

The agreement to arbitrate -

(a) Shall be in writing;

(b) Shall stipulate that the arbitration is had under the

provisions of this chapter;

(c) Shall state whether the board of arbitration is to consist of

three or of six members;

(d) Shall be signed by the duly accredited representatives of the

carrier or carriers and the employees, parties respectively to the

agreement to arbitrate, and shall be acknowledged by said parties

before a notary public, the clerk of a district court or court of

appeals of the United States, or before a member of the Mediation

Board, and, when so acknowledged, shall be filed in the office of

the Mediation Board;

(e) Shall state specifically the questions to be submitted to the

said board for decision; and that, in its award or awards, the said

board shall confine itself strictly to decisions as to the

questions so specifically submitted to it;

(f) Shall provide that the questions, or any one or more of them,

submitted by the parties to the board of arbitration may be

withdrawn from arbitration on notice to that effect signed by the

duly accredited representatives of all the parties and served on

the board of arbitration;

(g) Shall stipulate that the signatures of a majority of said

board of arbitration affixed to their award shall be competent to

constitute a valid and binding award;

(h) Shall fix a period from the date of the appointment of the

arbitrator or arbitrators necessary to complete the board (as

provided for in the agreement) within which the said board shall

commence its hearings;

(i) Shall fix a period from the beginning of the hearings within

which the said board shall make and file its award: Provided, That

the parties may agree at any time upon an extension of this period;

(j) Shall provide for the date from which the award shall become

effective and shall fix the period during which the award shall

continue in force;

(k) Shall provide that the award of the board of arbitration and

the evidence of the proceedings before the board relating thereto,

when certified under the hands of at least a majority of the

arbitrators, shall be filed in the clerk's office of the district

court of the United States for the district wherein the controversy

arose or the arbitration was entered into, which district shall be

designated in the agreement; and, when so filed, such award and

proceedings shall constitute the full and complete record of the

arbitration;

(l) Shall provide that the award, when so filed, shall be final

and conclusive upon the parties as to the facts determined by said

award and as to the merits of the controversy decided;

(m) Shall provide that any difference arising as to the meaning,

or the application of the provisions, of an award made by a board

of arbitration shall be referred back for a ruling to the same

board, or, by agreement, to a subcommittee of such board; and that

such ruling, when acknowledged in the same manner, and filed in the

same district court clerk's office, as the original award, shall be

a part of and shall have the same force and effect as such original

award; and

(n) Shall provide that the respective parties to the award will

each faithfully execute the same.

The said agreement to arbitrate, when properly signed and

acknowledged as herein provided, shall not be revoked by a party to

such agreement: Provided, however, That such agreement to arbitrate

may at any time be revoked and canceled by the written agreement of

both parties, signed by their duly accredited representatives, and

(if no board of arbitration has yet been constituted under the

agreement) delivered to the Mediation Board or any member thereof;

or, if the board of arbitration has been constituted as provided by

this chapter, delivered to such board of arbitration.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 8, 44 Stat. 584; June 21, 1934, ch.

691, Sec. 7, 48 Stat. 1197; June 25, 1948, ch. 646, Sec. 32(a), 62

Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-

CODIFICATION

As originally enacted, par. (d) contained a reference to the

"circuit court of appeals". Act June 25, 1948, as amended by act

May 24, 1949, substituted "court of appeals" for "circuit court of

appeals".

-MISC1-

AMENDMENTS

1934 - Act June 21, 1934, substituted "Mediation Board" for

"Board of Mediation" wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 797g of this title.

-End-

-CITE-

45 USC Sec. 159 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 159. Award and judgment thereon; effect of chapter on

individual employee

-STATUTE-

First. Filing of award

The award of a board of arbitration, having been acknowledged as

herein provided, shall be filed in the clerk's office of the

district court designated in the agreement to arbitrate.

Second. Conclusiveness of award; judgment

An award acknowledged and filed as herein provided shall be

conclusive on the parties as to the merits and facts of the

controversy submitted to arbitration, and unless, within ten days

after the filing of the award, a petition to impeach the award, on

the grounds hereinafter set forth, shall be filed in the clerk's

office of the court in which the award has been filed, the court

shall enter judgment on the award, which judgment shall be final

and conclusive on the parties.

Third. Impeachment of award; grounds

Such petition for the impeachment or contesting of any award so

filed shall be entertained by the court only on one or more of the

following grounds:

(a) That the award plainly does not conform to the substantive

requirements laid down by this chapter for such awards, or that the

proceedings were not substantially in conformity with this chapter;

(b) That the award does not conform, nor confine itself, to the

stipulations of the agreement to arbitrate; or

(c) That a member of the board of arbitration rendering the award

was guilty of fraud or corruption; or that a party to the

arbitration practiced fraud or corruption which fraud or corruption

affected the result of the arbitration: Provided, however, That no

court shall entertain any such petition on the ground that an award

is invalid for uncertainty; in such case the proper remedy shall be

a submission of such award to a reconvened board, or subcommittee

thereof, for interpretation, as provided by this chapter: Provided

further, That an award contested as herein provided shall be

construed liberally by the court, with a view to favoring its

validity, and that no award shall be set aside for trivial

irregularity or clerical error, going only to form and not to

substance.

Fourth. Effect of partial invalidity of award

If the court shall determine that a part of the award is invalid

on some ground or grounds designated in this section as a ground of

invalidity, but shall determine that a part of the award is valid,

the court shall set aside the entire award: Provided, however,

That, if the parties shall agree thereto, and if such valid and

invalid parts are separable, the court shall set aside the invalid

part, and order judgment to stand as to the valid part.

Fifth. Appeal; record

At the expiration of 10 days from the decision of the district

court upon the petition filed as aforesaid, final judgment shall be

entered in accordance with said decision, unless during said 10

days either party shall appeal therefrom to the court of appeals.

In such case only such portion of the record shall be transmitted

to the appellate court as is necessary to the proper understanding

and consideration of the questions of law presented by said

petition and to be decided.

Sixth. Finality of decision of court of appeals

The determination of said court of appeals upon said questions

shall be final, and, being certified by the clerk thereof to said

district court, judgment pursuant thereto shall thereupon be

entered by said district court.

Seventh. Judgment where petitioner's contentions are sustained

If the petitioner's contentions are finally sustained, judgment

shall be entered setting aside the award in whole or, if the

parties so agree, in part; but in such case the parties may agree

upon a judgment to be entered disposing of the subject matter of

the controversy, which judgment when entered shall have the same

force and effect as judgment entered upon an award.

Eighth. Duty of employee to render service without consent; right

to quit

Nothing in this chapter shall be construed to require an

individual employee to render labor or service without his consent,

nor shall anything in this chapter be construed to make the

quitting of his labor or service 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.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 9, 44 Stat. 585; June 25, 1948, ch.

646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63

Stat. 107.)

-COD-

CODIFICATION

As originally enacted, pars. Fifth and Sixth contained references

to the "circuit court of appeals". Act June 25, 1948, as amended by

act May 24, 1949, substituted "court of appeals" for "circuit court

of appeals".

-End-

-CITE-

45 USC Sec. 159a 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 159a. Special procedure for commuter service

-STATUTE-

(a) Applicability of provisions

Except as provided in section 590(h) (!1) of this title, the

provisions of this section shall apply to any dispute subject to

this chapter between a publicly funded and publicly operated

carrier providing rail commuter service (including the Amtrak

Commuter Services Corporation) and its employees.

(b) Request for establishment of emergency board

If a dispute between the parties described in subsection (a) of

this section is not adjusted under the foregoing provisions of this

chapter and the President does not, under section 160 of this

title, create an emergency board to investigate and report on such

dispute, then any party to the dispute or the Governor of any State

through which the service that is the subject of the dispute is

operated may request the President to establish such an emergency

board.

(c) Establishment of emergency board

(1) Upon the request of a party or a Governor under subsection

(b) of this section, the President shall create an emergency board

to investigate and report on the dispute in accordance with section

160 of this title. For purposes of this subsection, the period

during which no change, except by agreement, shall be made by the

parties in the conditions out of which the dispute arose shall be

120 days from the day of the creation of such emergency board.

(2) If the President, in his discretion, creates a board to

investigate and report on a dispute between the parties described

in subsection (a) of this section, the provisions of this section

shall apply to the same extent as if such board had been created

pursuant to paragraph (1) of this subsection.

(d) Public hearing by National Mediation Board upon failure of

emergency board to effectuate settlement of dispute

Within 60 days after the creation of an emergency board under

this section, if there has been no settlement between the parties,

the National Mediation Board shall conduct a public hearing on the

dispute at which each party shall appear and provide testimony

setting forth the reasons it has not accepted the recommendations

of the emergency board for settlement of the dispute.

(e) Establishment of second emergency board

If no settlement in the dispute is reached at the end of the

120-day period beginning on the date of the creation of the

emergency board, any party to the dispute or the Governor of any

State through which the service that is the subject of the dispute

is operated may request the President to establish another

emergency board, in which case the President shall establish such

emergency board.

(f) Submission of final offers to second emergency board by parties

Within 30 days after creation of a board under subsection (e) of

this section, the parties to the dispute shall submit to the board

final offers for settlement of the dispute.

(g) Report of second emergency board

Within 30 days after the submission of final offers under

subsection (f) of this section, the emergency board shall submit a

report to the President setting forth its selection of the most

reasonable offer.

(h) Maintenance of status quo during dispute period

From the time a request to establish a board is made under

subsection (e) of this section until 60 days after such board makes

its report under subsection (g) of this section, no change, except

by agreement, shall be made by the parties in the conditions out of

which the dispute arose.

(i) Work stoppages by employees subsequent to carrier offer

selected; eligibility of employees for benefits

If the emergency board selects the final offer submitted by the

carrier and, after the expiration of the 60-day period described in

subsection (h) of this section, the employees of such carrier

engage in any work stoppage arising out of the dispute, such

employees shall not be eligible during the period of such work

stoppage for benefits under the Railroad Unemployment Insurance Act

[45 U.S.C. 351 et seq.].

(j) Work stoppages by employees subsequent to employees offer

selected; eligibility of employer for benefits

If the emergency board selects the final offer submitted by the

employees and, after the expiration of the 60-day period described

in subsection (h) of this section, the carrier refuses to accept

the final offer submitted by the employees and the employees of

such carrier engage in any work stoppage arising out of the

dispute, the carrier shall not participate in any benefits of any

agreement between carriers which is designed to provide benefits to

such carriers during a work stoppage.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 9A, as added Pub. L. 97-35, title XI,

Sec. 1157, Aug. 13, 1981, 95 Stat. 681.)

-REFTEXT-

REFERENCES IN TEXT

Section 590(h) of this title, referred to in subsec. (a), was

repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.

1379.

The Railroad Unemployment Insurance Act, referred to in subsec.

(i), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,

which is classified principally to chapter 11 (Sec. 351 et seq.) of

this title. For complete classification of this Act to the Code,

see section 367 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Aug. 13, 1981, see section 1169 of Pub. L.

97-35, set out as a note under section 1101 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 160 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 160. Emergency board

-STATUTE-

If a dispute between a carrier and its employees be not adjusted

under the foregoing provisions of this chapter and should, in the

judgment of the Mediation Board, threaten substantially to

interrupt interstate commerce to a degree such as to deprive any

section of the country of essential transportation service, the

Mediation Board shall notify the President, who may thereupon, in

his discretion, create a board to investigate and report respecting

such dispute. Such board shall be composed of such number of

persons as to the President may seem desirable: Provided, however,

That no member appointed shall be pecuniarily or otherwise

interested in any organization of employees or any carrier. The

compensation of the members of any such board shall be fixed by the

President. Such board shall be created separately in each instance

and it shall investigate promptly the facts as to the dispute and

make a report thereon to the President within thirty days from the

date of its creation.

There is authorized to be appropriated such sums as may be

necessary for the expenses of such board, including the

compensation and the necessary traveling expenses and expenses

actually incurred for subsistence, of the members of the board. All

expenditures of the board shall be allowed and paid on the

presentation of itemized vouchers therefor approved by the

chairman.

After the creation of such board and for thirty days after such

board has made its report to the President, no change, except by

agreement, shall be made by the parties to the controversy in the

conditions out of which the dispute arose.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 10, 44 Stat. 586; June 21, 1934, ch.

691, Sec. 7, 48 Stat. 1197.)

-MISC1-

AMENDMENTS

1934 - Act June 21, 1934, substituted "Mediation Board" for

"Board of Mediation" wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 155, 159a of this title.

-End-

-CITE-

45 USC Sec. 161 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 161. Effect of partial invalidity of chapter

-STATUTE-

If any provision of this chapter, or the application thereof to

any person or circumstance, is held invalid, the remainder of the

chapter, and the application of such provision to other persons or

circumstances, shall not be affected thereby.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 11, 44 Stat. 587.)

-MISC1-

SEPARABILITY; REPEAL OF INCONSISTENT PROVISIONS

Section 8 of act June 21, 1934, provided that: "If any section,

subsection, sentence, clause, or phrase of this Act [amending

sections 151 to 158, 160, and 162 of this title] is for any reason

held to be unconstitutional, such decision shall not affect the

validity of the remaining portions of this Act. All Acts or parts

of Acts inconsistent with the provisions of this Act are hereby

repealed."

-End-

-CITE-

45 USC Sec. 162 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 162. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as may be

necessary for expenditure by the Mediation Board in carrying out

the provisions of this chapter.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 12, 44 Stat. 587; June 21, 1934, ch.

691, Sec. 7, 48 Stat. 1197.)

-MISC1-

AMENDMENTS

1934 - Act June 21, 1934, substituted "Mediation Board" for

"Board of Mediation".

-End-

-CITE-

45 USC Sec. 163 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 163. Repeal of prior legislation; exception

-STATUTE-

Chapters 6 and 7 of this title, providing for mediation,

conciliation, and arbitration, and all Acts and parts of Acts in

conflict with the provisions of this chapter are repealed, except

that the members, secretary, officers, employees, and agents of the

Railroad Labor Board, in office on May 20, 1926, shall receive

their salaries for a period of 30 days from such date, in the same

manner as though this chapter had not been passed.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 14, 44 Stat. 587.)

-REFTEXT-

REFERENCES IN TEXT

Chapters 6 and 7 of this title, referred to in text, were in the

original references to the act of July 15, 1913, and title III of

the Transportation Act, 1920, respectively.

-End-

-CITE-

45 USC Sec. 164 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 164. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111

-MISC1-

Section, act Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1072,

related to advertisements for proposals for purchases or services

rendered for Board of Mediation, including arbitration boards. See

section 5 of Title 41, Public Contracts.

-End-

-CITE-

45 USC SUBCHAPTER II - CARRIERS BY AIR 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

SUBCHAPTER II - CARRIERS BY AIR

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 26 section 410; title 29

section 213; title 49 section 42112.

-End-

-CITE-

45 USC Sec. 181 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 181. Application of subchapter I to carriers by air

-STATUTE-

All of the provisions of subchapter I of this chapter except

section 153 of this title are extended to and shall cover every

common carrier by air engaged in interstate or foreign commerce,

and every carrier by air transporting mail for or under contract

with the United States Government, and every air pilot or other

person who performs any work as an employee or subordinate official

of such carrier or carriers, subject to its or their continuing

authority to supervise and direct the manner of rendition of his

service.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 201, as added Apr. 10, 1936, ch. 166,

49 Stat. 1189.)

-End-

-CITE-

45 USC Sec. 182 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 182. Duties, penalties, benefits, and privileges of subchapter

I applicable

-STATUTE-

The duties, requirements, penalties, benefits, and privileges

prescribed and established by the provisions of subchapter I of

this chapter except section 153 of this title shall apply to said

carriers by air and their employees in the same manner and to the

same extent as though such carriers and their employees were

specifically included within the definition of "carrier" and

"employee", respectively, in section 151 of this title.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 202, as added Apr. 10, 1936, ch. 166,

49 Stat. 1189.)

-End-

-CITE-

45 USC Sec. 183 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 183. Disputes within jurisdiction of Mediation Board

-STATUTE-

The parties or either party to a dispute between an employee or a

group of employees and a carrier or carriers by air may invoke the

services of the National Mediation Board and the jurisdiction of

said Mediation Board is extended to any of the following cases:

(a) A dispute concerning changes in rates of pay, rules, or

working conditions not adjusted by the parties in conference.

(b) Any other dispute not referable to an adjustment board, as

hereinafter provided, and not adjusted in conference between the

parties, or where conferences are refused.

The National Mediation Board may proffer its services in case any

labor emergency is found by it to exist at any time.

The services of the Mediation Board may be invoked in a case

under this subchapter in the same manner and to the same extent as

are the disputes covered by section 155 of this title.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 203, as added Apr. 10, 1936, ch. 166,

49 Stat. 1189.)

-End-

-CITE-

45 USC Sec. 184 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 184. System, group, or regional boards of adjustment

-STATUTE-

The disputes between an employee or group of employees and a

carrier or carriers by air 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 April 10, 1936 before the National Labor Relations

Board, 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 an appropriate adjustment board, as hereinafter provided,

with a full statement of the facts and supporting data bearing upon

the disputes.

It shall be the duty of every carrier and of its employees,

acting through their representatives, selected in accordance with

the provisions of this subchapter, to establish a board of

adjustment of jurisdiction not exceeding the jurisdiction which may

be lawfully exercised by system, group, or regional boards of

adjustment, under the authority of section 153 of this title.

Such boards of adjustment may be established by agreement between

employees and carriers either on any individual carrier, or system,

or group of carriers by air and any class or classes of its or

their employees; or pending the establishment of a permanent

National Board of Adjustment as hereinafter provided. Nothing in

this chapter shall prevent said carriers by air, or any class or

classes of their employees, both acting through their

representatives selected in accordance with provisions of this

subchapter, from mutually agreeing to the establishment of a

National Board of Adjustment of temporary duration and of similarly

limited jurisdiction.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 204, as added Apr. 10, 1936, ch. 166,

49 Stat. 1189.)

-End-

-CITE-

45 USC Sec. 185 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 185. National Air Transport Adjustment Board

-STATUTE-

When, in the judgment of the National Mediation Board, it shall

be necessary to have a permanent national board of adjustment in

order to provide for the prompt and orderly settlement of disputes

between said carriers by air, or any of them, and its or their

employees, growing out of grievances or out of the interpretation

or application of agreements between said carriers by air or any of

them, and any class or classes of its or their employees, covering

rates of pay, rules, or working conditions, the National Mediation

Board is empowered and directed, by its order duly made, published,

and served, to direct the said carriers by air and such labor

organizations of their employees, national in scope, as have been

or may be recognized in accordance with the provisions of this

chapter, to select and designate four representatives who shall

constitute a board which shall be known as the "National Air

Transport Adjustment Board." Two members of said National Air

Transport Adjustment Board shall be selected by said carriers by

air and two members by the said labor organizations of the

employees, within thirty days after the date of the order of the

National Mediation Board, in the manner and by the procedure

prescribed by section 153 of this title for the selection and

designation of members of the National Railroad Adjustment Board.

The National Air Transport Adjustment Board shall meet within forty

days after the date of the order of the National Mediation Board

directing the selection and designation of its members and shall

organize and adopt rules for conducting its proceedings, in the

manner prescribed in section 153 of this title. Vacancies in

membership or office shall be filled, members shall be appointed in

case of failure of the carriers or of labor organizations of the

employees to select and designate representatives, members of the

National Air Transport Adjustment Board shall be compensated,

hearings shall be held, findings and awards made, stated, served,

and enforced, and the number and compensation of any necessary

assistants shall be determined and the compensation of such

employees shall be paid, all in the same manner and to the same

extent as provided with reference to the National Railroad

Adjustment Board by section 153 of this title. The powers and

duties prescribed and established by the provisions of section 153

of this title with reference to the National Railroad Adjustment

Board and the several divisions thereof are conferred upon and

shall be exercised and performed in like manner and to the same

extent by the said National Air Transport Adjustment Board, not

exceeding, however, the jurisdiction conferred upon said National

Air Transport Adjustment Board by the provisions of this

subchapter. From and after the organization of the National Air

Transport Adjustment Board, if any system, group, or regional board

of adjustment established by any carrier or carriers by air and any

class or classes of its or their employees is not satisfactory to

either party thereto, the said party, upon ninety days' notice to

the other party, may elect to come under the jurisdiction of the

National Air Transport Adjustment Board.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 205, as added Apr. 10, 1936, ch. 166,

49 Stat. 1190.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 410; title 29

section 213; title 49 section 1371.

-End-

-CITE-

45 USC Sec. 186 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 186. Omitted

-COD-

CODIFICATION

Section, act May 20, 1926, ch. 347, Sec. 206, as added Apr. 10,

1936, ch. 166, 49 Stat. 1191, transferred certain pending cases

before National Labor Relations Board to Mediation Board.

-End-

-CITE-

45 USC Sec. 187 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 187. Separability

-STATUTE-

If any provision of this subchapter or application thereof to any

person or circumstance is held invalid, the remainder of such

sections and the application of such provision to other persons or

circumstances shall not be affected thereby.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 207, as added Apr. 10, 1936, ch. 166,

49 Stat. 1191.)

-End-

-CITE-

45 USC Sec. 188 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 8 - RAILWAY LABOR

SUBCHAPTER II - CARRIERS BY AIR

-HEAD-

Sec. 188. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as may be

necessary for expenditure by the Mediation Board in carrying out

the provisions of this chapter.

-SOURCE-

(May 20, 1926, ch. 347, Sec. 208, as added Apr. 10, 1936, ch. 166,

49 Stat. 1191.)

-End-