45 U.S.C. § 153 : US Code - Section 153: National Railroad Adjustment Board

Search 45 U.S.C. § 153 : US Code - Section 153: National Railroad Adjustment Board

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.