45 U.S.C. § 156 — Procedure in changing rates of pay, rules,

Page 20 TITLE 45—RAILROADS § 156 member of the original Board is unable or un- willing 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 ef- fect on the 1st day of April 1934, covering rates of pay, rules, and working conditions. If no con- tract 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 deal- ing with such craft or class. When any new con- tract is executed or change is made in an exist- ing contract with any class or craft of its em- ployees 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 work- ing 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 de- termination of disputes between carriers and their employees or upon mediation or arbitra- tion proceedings held under or pursuant to the provisions of any Act of Congress in respect thereto; and the President is authorized to des- ignate 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. (May 20, 1926, ch. 347, § 5, 44 Stat. 580; June 21, 1934, ch. 691, § 5, 48 Stat. 1195; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes CODIFICATION As originally enacted, par. Third (b) contained a ref- erence 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’’. AMENDMENTS 1934—Act June 21, 1934, amended generally par. First and par. Third, (e) and (f). § 156. Procedure in changing rates of pay, rules, and working conditions 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 con- ference between the representatives of the par- ties 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 ref- erence 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 al- tered 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 termi- nation of conferences without request for or proffer of the services of the Mediation Board. (May 20, 1926, ch. 347, § 6, 44 Stat. 582; June 21, 1934, ch. 691, § 6, 48 Stat. 1197.) Editorial Notes AMENDMENTS 1934—Act June 21, 1934, inserted ‘‘in agreements’’ after ‘‘intended change’’ in text, struck out provision formerly contained in text concerning changes re- quested by more than one class, and substituted ‘‘Medi- ation Board’’ for ‘‘Board of Mediation’’ wherever ap- pearing. Executive Documents 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. § 157. Arbitration 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 be- tween representatives of the parties or by the appropriate adjustment board or through medi- ation, in the manner provided in sections 151— 156 of this title such controversy may, by agree- ment of the parties to such controversy, be sub- mitted 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 con- troversy to arbitration shall not be construed as a violation of any legal obligation imposed upon such party by the terms of this chapter or other- wise. 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 em- ployees, 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 par- ties shall fail to name the third arbitrator with- in 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 employ- ees, parties respectively to the agreement to ar- bitrate, 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