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Federal law — U.S. Code and appendices · legal_authorities
First. Establishment; composition; powers and duties; divisions; hearings and awards; judicial review
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 153
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Source file: Laws/federal/codes/united-states-code/title-45/section-153-national-railroad-adjustment-board--8cf489652d.md
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Source location: Title 45, Chapter 8, § 153; chapter-008-railway-labor.md
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Federal law — U.S. Code and appendices · legal_authorities
All of the provisions of subchapter I of this chapter except [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 182
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtm
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 185
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General** The Association is authorized, in accordance with the provisions of this section and such rules and regulations as it shall prescribe, to make loans to the Corporation, the National Railroad Passenger Corporation, and other railroads (including a railroad in reorganization which has been found to be reorganizable under section 77 of the Bankruptcy Act pursuant to [section 717(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section717/b&num=0&edition=prelim)) in the region, for purposes of achieving the goals of this chapter; to a State or local or regional transportation authority pursuant to section 763 11 See References in Text note below. of this title; and to provide assistance in the form of loans to any railroad which (A) connects with a railroad in reorganization, and (B) is in need of financial assistance to avoid reorganization proceedings under section 77 of the Bankruptcy Act. No such loan shall be made by the Association to a railroad unless such loans shall, where applicable, be treated as an expense of administration. The rights referred to in the last sentence of section 77(j) of the Bankruptcy Act shall in no way be affected by this chapter. **(b) Applications** Each application for such a loan shall be made in writing to the Association in such form and with such content and other submissions as the Association shall prescribe to protect reasonably the interests of the United States. The Association shall publish a notice of the receipt of each such application in the Federal Register and shall afford interested persons an opportunity to comment thereon. **(c) Terms and conditions** Each loan shall be extended in such form, under such terms and conditions, and pursuant to such regulations as the A
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 721
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Register** (1) The Railroad Retirement Board (hereafter in this section referred to as the “Board”) shall prepare and maintain a register of persons separated from railroad employment after at least one year of completed service with a railroad who have declared their current availability for employment in the railroad industry. The register shall be subdivided by class and craft of prior employment and shall be updated periodically to reflect current availability. (2) Each entry in the register shall include, or provide access to, basic information concerning the individual’s experience and qualifications. (3) The Board shall place at the top of the register those former railroad employees entitled to priority under applicable provisions of law, including this chapter. **(b) Corporation employees** As soon as is practicable after August 13, 1981, the Corporation shall provide to the Board the names of its former employees who elect to appear on the register and who have not been offered employment with acquiring railroads. **(c) Vacancy notices; warning; civil penalty** (1) Each railroad shall timely file with the Board a notice of vacancy with respect to any position for which the railroad intends to accept applications from persons other than current employees of that carrier. (2) (A) As soon as the Board becomes aware of any failure on the part of a railroad to comply with paragraph (1), the Board shall issue a warning to such railroad of its potential liability under subparagraph (B). (B) Any railroad failing to comply with paragraph (1) of this subsection after being warned by the Board under subparagraph (A) shall be liable for a civil penalty in the amount of $500 for each subsequent vacancy with respect to which such railroad has so failed to
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 797c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability for employee claims** In all cases of claims, prior to April 1, 1976, by employees, arising under the collective bargaining agreements of the railroads in reorganization in the Region, and subject to [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim), the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier, as the case may be, shall assume responsibility for the processing of any such claims, and payment of those which are sustained or settled on or subsequent to the date of conveyance, under [section 743(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section743/b/1&num=0&edition=prelim), and shall be entitled to direct reimbursement from the Association pursuant to [section 721(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section721/h&num=0&edition=prelim), to the extent that such claims are determined by the Association to be the obligation of a railroad in reorganization in the Region. Any liability of an estate of a railroad in reorganization to its employees which is assumed, processed, and paid pursuant to this subsection by the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier shall remain the preconveyance obligation of the estate of such railroad for purposes of [section 721(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section721/h/1&num=0&edition=prelim). The Corporation, the National Railroad Passenger Corporation, an acquiring carrier, or the Association, as the case may be, shall be entitled to a direct claim as a current expense of administration, in accordance with the prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 797h
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Federal law — U.S. Code and appendices · legal_authorities
Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this subchapter, except sections 797b, 797c, 797g, and 797l 11 See References in Text note below. of this title, or section 1144 of the Northeast Rail Service Act of 1981, and except those matters subject to judicial review under section 1152 of the Northeast Rail Service Act of 1981 [[45 U.S.C. 1105](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1105&num=0&edition=prelim)], which have not been resolved within 90 days, may be submitted by either party to an Adjustment Board for a final and binding decision thereon as provided in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim), in which event the burden of proof on all issues so presented shall be on the Corporation, or the Association, where appropriate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 797m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Testing Requirements.—** Any non-Federal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cut-off level established by the carrier. **(b) Redress Process.—** Each railroad carrier that has a non-Federal alcohol and drug testing program must provide a redress process to its employees who are subject to both the alcohol and drug testing program and chapter 211 of this title for such an employee to petition for and receive a carrier hearing to review his or her specimen test results that were determined to be in violation of the program. A dispute or grievance raised by a railroad carrier or its employee, except a probationary employee, in connection with the carrier’s alcohol and drug testing program and the application of this section is subject to resolution under section 3 of the Railway Labor Act ([45 U.S.C. 153](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20165
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Federal law — U.S. Code and appendices · legal_authorities
Page 13 TITLE 45—RAILROADS § 153 wages of its or their employees in a craft or class and payment to the labor organization representing the craft or class of such employ- ees, 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 assign- ment to the labor organization of such mem- bership 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 pur- suant to subparagraph (a) of this paragraph shall be satisfied, as to both a present or fu- ture 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, or- ganized in accordance with this chapter and admitting to membership employees of a craft or class in any of said services; and no agree- ment 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 orga- nization other than that in which he holds membership: Provided, however, That as to an employee in any of said se
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 153
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