45 U.S.C. § 155 : US Code - Section 155: Functions of Mediation Board

Search 45 U.S.C. § 155 : US Code - Section 155: Functions of Mediation Board

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.