45 U.S.C. § 160 — Emergency board

Page 25 TITLE 45—RAILROADS § 160a (d) Public hearing by National Mediation Board upon failure of emergency board to effec- tuate settlement of dispute Within 60 days after the creation of an emer- gency board under this section, if there has been no settlement between the parties, the National Mediation Board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony setting forth the reasons it has not accepted the recommendations of the emergency board for settlement of the dispute. (e) Establishment of second emergency board If no settlement in the dispute is reached at the end of the 120-day period beginning on the date of the creation of the emergency board, any party to the dispute or the Governor of any State through which the service that is the sub- ject of the dispute is operated may request the President to establish another emergency board, in which case the President shall establish such emergency board. (f) Submission of final offers to second emer- gency board by parties Within 30 days after creation of a board under subsection (e), the parties to the dispute shall submit to the board final offers for settlement of the dispute. (g) Report of second emergency board Within 30 days after the submission of final of- fers under subsection (f), the emergency board shall submit a report to the President setting forth its selection of the most reasonable offer. (h) Maintenance of status quo during dispute pe- riod From the time a request to establish a board is made under subsection (e) until 60 days after such board makes its report under subsection (g), no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose. (i) Work stoppages by employees subsequent to carrier offer selected; eligibility of employees for benefits If the emergency board selects the final offer submitted by the carrier and, after the expira- tion of the 60-day period described in subsection (h), the employees of such carrier engage in any work stoppage arising out of the dispute, such employees shall not be eligible during the period of such work stoppage for benefits under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. (j) Work stoppages by employees subsequent to employees offer selected; eligibility of em- ployer for benefits If the emergency board selects the final offer submitted by the employees and, after the expi- ration of the 60-day period described in sub- section (h), the carrier refuses to accept the final offer submitted by the employees and the employees of such carrier engage in any work stoppage arising out of the dispute, the carrier shall not participate in any benefits of any agreement between carriers which is designed to provide benefits to such carriers during a work stoppage. (May 20, 1926, ch. 347, § 9A, as added Pub. L. 97–35, title XI, § 1157, Aug. 13, 1981, 95 Stat. 681.) Editorial Notes REFERENCES IN TEXT Section 590(h) of this title, referred to in subsec. (a), was repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379. The Railroad Unemployment Insurance Act, referred to in subsec. (i), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as a note under section 1101 of this title. § 160. Emergency board If a dispute between a carrier and its employ- ees be not adjusted under the foregoing provi- sions of this chapter and should, in the judg- ment of the Mediation Board, threaten substan- tially to interrupt interstate commerce to a de- gree such as to deprive any section of the coun- try of essential transportation service, the Me- diation Board shall notify the President, who may thereupon, in his discretion, create a board to investigate and report respecting such dis- pute. Such board shall be composed of such number of persons as to the President may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise in- terested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the Presi- dent. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the President within thirty days from the date of its creation. There is authorized to be appropriated such sums as may be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actu- ally incurred for subsistence, of the members of the board. All expenditures of the board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman. After the creation of such board and for thirty days after such board has made its report to the President, no change, except by agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose. (May 20, 1926, ch. 347, § 10, 44 Stat. 586; June 21, 1934, ch. 691, § 7, 48 Stat. 1197.) Editorial Notes AMENDMENTS 1934—Act June 21, 1934, substituted ‘‘Mediation Board’’ for ‘‘Board of Mediation’’ wherever appearing. § 160a. Rules and regulations (a) In general The Mediation Board shall have the authority from time to time to make, amend, and rescind, in the manner prescribed by section 553 of title 5, and after opportunity for a public hearing, such rules and regulations as may be necessary to carry out the provisions of this chapter.