45 U.S.C. § 154 : US Code - Section 154: National Mediation Board

Search 45 U.S.C. § 154 : US Code - Section 154: National Mediation Board

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.