45 U.S.C. § 153 — National Railroad Adjustment Board

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 services on a par- ticular carrier at the effective date of any such agreement on a carrier, who is not a member of any one of the labor organizations, national in scope, organized in accordance with this chapter and admitting to member- ship employees of a craft or class in any of said services, such employee, as a condition of continuing his employment, may be required to become a member of the organization rep- resenting the craft in which he is employed on the effective date of the first agreement appli- cable to him: Provided, further, That nothing herein or in any such agreement or agree- ments shall prevent an employee from chang- ing membership from one organization to an- other organization admitting to membership employees of a craft or class in any of said services. (d) Any provisions in paragraphs Fourth and Fifth of this section in conflict herewith are to the extent of such conflict amended. Twelfth. Showing of interest for representation elections The Mediation Board, upon receipt of an appli- cation requesting that an organization or indi- vidual be certified as the representative of any craft or class of employees, shall not direct an election or use any other method to determine who shall be the representative of such craft or class unless the Mediation Board determines that the application is supported by a showing of interest from not less than 50 percent of the employees in the craft or class. (May 20, 1926, ch. 347, § 2, 44 Stat. 577; June 21, 1934, ch. 691, § 2, 48 Stat. 1186; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Jan. 10, 1951, ch. 1220, 64 Stat. 1238; Pub. L. 112–95, title X, §§ 1002, 1003, Feb. 14, 2012, 126 Stat. 146, 147.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in par. Fifth, probably means May 20, 1926, the date of ap- proval of act May 20, 1926, ch. 347, 44 Stat. 577. CODIFICATION Section is comprised of pars. designated First to Twelfth of section 2 of act May 20, 1926. The remainder of section 2 of act May 20, 1926, is classified to section 151a of this title. AMENDMENTS 2012—Pub. L. 112–95, § 1002, in par. Ninth, inserted after fourth sentence ‘‘In any such election for which there are 3 or more options (including the option of not being represented by any labor organization) on the ballot and no such option receives a majority of the valid votes cast, the Mediation Board shall arrange for a second election between the options receiving the largest and the second largest number of votes.’’ Pub. L. 112–95, § 1003, added par. Twelfth. 1951—Act Jan. 10, 1951, added par. Eleventh. 1934—Act June 21, 1934, substituted ‘‘by the carrier or carriers’’ for ‘‘by the carriers’’ in par. Second, gen- erally amended pars. Third, Fourth, and Fifth, and added pars. Sixth to Tenth. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorney’’ for ‘‘district attorney of the United States’’. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder. § 153. National Railroad Adjustment Board First. Establishment; composition; powers and duties; divisions; hearings and awards; judi- cial review There is established a Board, to be known as the ‘‘National Railroad Adjustment Board’’, the members of which shall be selected within thir- ty days after June 21, 1934, and it is provided— (a) That the said Adjustment Board shall con- sist of thirty-four members, seventeen of whom shall be selected by the carriers and seventeen by such labor organizations of the employees, national in scope, as have been or may be orga- nized in accordance with the provisions of sec- tions 151a and 152 of this title. (b) The carriers, acting each through its board of directors or its receiver or receivers, trustee or trustees, or through an officer or officers des- ignated for that purpose by such board, trustee or trustees, or receiver or receivers, shall pre- scribe the rules under which its representatives shall be selected and shall select the representa- tives of the carriers on the Adjustment Board and designate the division on which each such representative shall serve, but no carrier or sys- tem of carriers shall have more than one voting representative on any division of the Board. Page 14 TITLE 45—RAILROADS § 153 (c) Except as provided in the second paragraph of subsection (h) of this section, the national labor organizations, as defined in paragraph (a) of this section, acting each through the chief ex- ecutive or other medium designated by the orga- nization or association thereof, shall prescribe the rules under which the labor members of the Adjustment Board shall be selected and shall se- lect such members and designate the division on which each member shall serve; but no labor or- ganization shall have more than one voting rep- resentative on any division of the Board. (d) In case of a permanent or temporary va- cancy on the Adjustment Board, the vacancy shall be filled by selection in the same manner as in the original selection. (e) If either the carriers or the labor organiza- tions of the employees fail to select and des- ignate representatives to the Adjustment Board, as provided in paragraphs (b) and (c) of this sec- tion, respectively, within sixty days after June 21, 1934, in case of any original appointment to office of a member of the Adjustment Board, or in case of a vacancy in any such office within thirty days after such vacancy occurs, the Medi- ation Board shall thereupon directly make the appointment and shall select an individual asso- ciated in interest with the carriers or the group of labor organizations of employees, whichever he is to represent. (f) In the event a dispute arises as to the right of any national labor organization to participate as per paragraph (c) of this section in the selec- tion and designation of the labor members of the Adjustment Board, the Secretary of Labor shall investigate the claim of such labor organization to participate, and if such claim in the judgment of the Secretary of Labor has merit, the Sec- retary shall notify the Mediation Board accord- ingly, and within ten days after receipt of such advice the Mediation Board shall request those national labor organizations duly qualified as per paragraph (c) of this section to participate in the selection and designation of the labor members of the Adjustment Board to select a representative. Such representative, together with a representative likewise designated by the claimant, and a third or neutral party des- ignated by the Mediation Board, constituting a board of three, shall within thirty days after the appointment of the neutral member, investigate the claims of the labor organization desiring participation and decide whether or not it was organized in accordance with sections 151a and 152 of this title and is otherwise properly quali- fied to participate in the selection of the labor members of the Adjustment Board, and the find- ings of such boards of three shall be final and binding. (g) Each member of the Adjustment Board shall be compensated by the party or parties he is to represent. Each third or neutral party se- lected under the provisions of paragraph (f) of this section shall receive from the Mediation Board such compensation as the Mediation Board may fix, together with his necessary trav- eling expenses and expenses actually incurred for subsistence, or per diem allowance in lieu thereof, subject to the provisions of law applica- ble thereto, while serving as such third or neu- tral party. (h) The said Adjustment Board shall be com- posed of four divisions, whose proceedings shall be independent of one another, and the said divi- sions as well as the number of their members shall be as follows: First division: To have jurisdiction over dis- putes involving train- and yard-service employ- ees of carriers; that is, engineers, firemen, hos- tlers, and outside hostler helpers, conductors, trainmen, and yard-service employees. This divi- sion shall consist of eight members, four of whom shall be selected and designated by the carriers and four of whom shall be selected and designated by the labor organizations, national in scope and organized in accordance with sec- tions 151a and 152 of this title and which rep- resent employees in engine, train, yard, or hostling service: Provided, however, That each labor organization shall select and designate two members on the First Division and that no labor organization shall have more than one vote in any proceedings of the First Division or in the adoption of any award with respect to any dispute submitted to the First Division: Provided further, however, That the carrier members of the First Division shall cast no more than two votes in any proceedings of the division or in the adoption of any award with respect to any dis- pute submitted to the First Division. Second division: To have jurisdiction over dis- putes involving machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, carmen, the helpers and apprentices of all the foregoing, coach cleaners, power-house employees, and railroad-shop laborers. This divi- sion shall consist of ten members, five of whom shall be selected by the carriers and five by the national labor organizations of the employees. Third division: To have jurisdiction over dis- putes involving station, tower, and telegraph employees, train dispatchers, maintenance-of- way men, clerical employees, freight handlers, express, station, and store employees, signal men, sleeping-car conductors, sleeping-car por- ters, and maids and dining-car employees. This division shall consist of ten members, five of whom shall be selected by the carriers and five by the national labor organizations of employ- ees. Fourth division: To have jurisdiction over dis- putes involving employees of carriers directly or indirectly engaged in transportation of pas- sengers or property by water, and all other em- ployees of carriers over which jurisdiction is not given to the first, second, and third divisions. This division shall consist of six members, three of whom shall be selected by the carriers and three by the national labor organizations of the employees. (i) The disputes between an employee or group of employees and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on June 21, 1934, shall be handled in the usual manner up to and including the chief operating officer of the car- rier designated to handle such disputes; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by either party to the appropriate di- Page 15 TITLE 45—RAILROADS § 153 vision of the Adjustment Board with a full statement of the facts and all supporting data bearing upon the disputes. (j) Parties may be heard either in person, by counsel, or by other representatives, as they may respectively elect, and the several divisions of the Adjustment Board shall give due notice of all hearings to the employee or employees and the carrier or carriers involved in any disputes submitted to them. (k) Any division of the Adjustment Board shall have authority to empower two or more of its members to conduct hearings and make find- ings upon disputes, when properly submitted, at any place designated by the division: Provided, however, That except as provided in paragraph (h) of this section, final awards as to any such dispute must be made by the entire division as hereinafter provided. (l) Upon failure of any division to agree upon an award because of a deadlock or inability to secure a majority vote of the division members, as provided in paragraph (n) of this section, then such division shall forthwith agree upon and se- lect a neutral person, to be known as ‘‘referee’’, to sit with the division as a member thereof, and make an award. Should the division fail to agree upon and select a referee within ten days of the date of the deadlock or inability to secure a ma- jority vote, then the division, or any member thereof, or the parties or either party to the dis- pute may certify that fact to the Mediation Board, which Board shall, within ten days from the date of receiving such certificate, select and name the referee to sit with the division as a member thereof and make an award. The Medi- ation Board shall be bound by the same provi- sions in the appointment of these neutral ref- erees as are provided elsewhere in this chapter for the appointment of arbitrators and shall fix and pay the compensation of such referees. (m) The awards of the several divisions of the Adjustment Board shall be stated in writing. A copy of the awards shall be furnished to the re- spective parties to the controversy, and the awards shall be final and binding upon both par- ties to the dispute. In case a dispute arises in- volving an interpretation of the award, the divi- sion of the board upon request of either party shall interpret the award in the light of the dis- pute. (n) A majority vote of all members of the divi- sion of the Adjustment Board eligible to vote shall be competent to make an award with re- spect to any dispute submitted to it. (o) In case of an award by any division of the Adjustment Board in favor of petitioner, the di- vision of the Board shall make an order, di- rected to the carrier, to make the award effec- tive and, if the award includes a requirement for the payment of money, to pay to the employee the sum to which he is entitled under the award on or before a day named. In the event any divi- sion determines that an award favorable to the petitioner should not be made in any dispute re- ferred to it, the division shall make an order to the petitioner stating such determination. (p) If a carrier does not comply with an order of a division of the Adjustment Board within the time limit in such order, the petitioner, or any person for whose benefit such order was made, may file in the District Court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the carrier oper- ates, a petition setting forth briefly the causes for which he claims relief, and the order of the division of the Adjustment Board in the prem- ises. Such suit in the District Court of the United States shall proceed in all respects as other civil suits, except that on the trial of such suit the findings and order of the division of the Adjustment Board shall be conclusive on the parties, and except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the pro- ceedings, unless they accrue upon his appeal, and such costs shall be paid out of the appro- priation for the expenses of the courts of the United States. If the petitioner shall finally pre- vail he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. The district courts are empow- ered, under the rules of the court governing ac- tions at law, to make such order and enter such judgment, by writ of mandamus or otherwise, as may be appropriate to enforce or set aside the order of the division of the Adjustment Board: Provided, however, That such order may not be set aside except for failure of the division to comply with the requirements of this chapter, for failure of the order to conform, or confine itself, to matters within the scope of the divi- sion’s jurisdiction, or for fraud or corruption by a member of the division making the order. (q) If any employee or group of employees, or any carrier, is aggrieved by the failure of any di- vision of the Adjustment Board to make an award in a dispute referred to it, or is aggrieved by any of the terms of an award or by the failure of the division to include certain terms in such award, then such employee or group of employ- ees or carrier may file in any United States dis- trict court in which a petition under paragraph (p) could be filed, a petition for review of the di- vision’s order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Adjustment Board. The Adjustment Board shall file in the court the record of the proceedings on which it based its action. The court shall have jurisdiction to affirm the order of the division, or to set it aside, in whole or in part, or it may remand the proceedings to the division for such further action as it may direct. On such review, the findings and order of the di- vision shall be conclusive on the parties, except that the order of the division may be set aside, in whole or in part, or remanded to the division, for failure of the division to comply with the re- quirements of this chapter, for failure of the order to conform, or confine itself, to matters within the scope of the division’s jurisdiction, or for fraud or corruption by a member of the divi- sion making the order. The judgment of the court shall be subject to review as provided in sections 1291 and 1254 of title 28. (r) All actions at law based upon the provi- sions of this section shall be begun within two years from the time the cause of action accrues under the award of the division of the Adjust- ment Board, and not after. (s) The several divisions of the Adjustment Board shall maintain headquarters in Chicago, Page 16 TITLE 45—RAILROADS § 153 Illinois, meet regularly, and continue in session so long as there is pending before the division any matter within its jurisdiction which has been submitted for its consideration and which has not been disposed of. (t) Whenever practicable, the several divisions or subdivisions of the Adjustment Board shall be supplied with suitable quarters in any Federal building located at its place of meeting. (u) The Adjustment Board may, subject to the approval of the Mediation Board, employ and fix the compensations of such assistants as it deems necessary in carrying on its proceedings. The compensation of such employees shall be paid by the Mediation Board. (v) The Adjustment Board shall meet within forty days after June 21, 1934, and adopt such rules as it deems necessary to control pro- ceedings before the respective divisions and not in conflict with the provisions of this section. Immediately following the meeting of the entire Board and the adoption of such rules, the respec- tive divisions shall meet and organize by the se- lection of a chairman, a vice chairman, and a secretary. Thereafter each division shall annu- ally designate one of its members to act as chairman and one of its members to act as vice chairman: Provided, however, That the chairman- ship and vice-chairmanship of any division shall alternate as between the groups, so that both the chairmanship and vice-chairmanship shall be held alternately by a representative of the carriers and a representative of the employees. In case of a vacancy, such vacancy shall be filled for the unexpired term by the selection of a suc- cessor from the same group. (w) Each division of the Adjustment Board shall annually prepare and submit a report of its activities to the Mediation Board, and the sub- stance of such report shall be included in the an- nual report of the Mediation Board to the Con- gress of the United States. The reports of each division of the Adjustment Board and the annual report of the Mediation Board shall state in de- tail all cases heard, all actions taken, the names, salaries, and duties of all agencies, em- ployees, and officers receiving compensation from the United States under the authority of this chapter, and an account of all moneys ap- propriated by Congress pursuant to the author- ity conferred by this chapter and disbursed by such agencies, employees, and officers. (x) Any division of the Adjustment Board shall have authority, in its discretion, to establish re- gional adjustment boards to act in its place and stead for such limited period as such division may determine to be necessary. Carrier mem- bers of such regional boards shall be designated in keeping with rules devised for this purpose by the carrier members of the Adjustment Board and the labor members shall be designated in keeping with rules devised for this purpose by the labor members of the Adjustment Board. Any such regional board shall, during the time for which it is appointed, have the same author- ity to conduct hearings, make findings upon dis- putes and adopt the same procedure as the divi- sion of the Adjustment Board appointing it, and its decisions shall be enforceable to the same ex- tent and under the same processes. A neutral person, as referee, shall be appointed for service in connection with any such regional adjust- ment board in the same circumstances and man- ner as provided in paragraph (l) hereof, with re- spect to a division of the Adjustment Board. Second. System, group, or regional boards: estab- lishment by voluntary agreement; special ad- justment boards: establishment, composition, designation of representatives by Mediation Board, neutral member, compensation, quorum, finality and enforcement of awards Nothing in this section shall be construed to prevent any individual carrier, system, or group of carriers and any class or classes of its or their employees, all acting through their representa- tives, selected in accordance with the provisions of this chapter, from mutually agreeing to the establishment of system, group, or regional boards of adjustment for the purpose of adjust- ing and deciding disputes of the character speci- fied in this section. In the event that either party to such a system, group, or regional board of adjustment is dissatisfied with such arrange- ment, it may upon ninety days’ notice to the other party elect to come under the jurisdiction of the Adjustment Board. If written request is made upon any individual carrier by the representative of any craft or class of employees of such carrier for the estab- lishment of a special board of adjustment to re- solve disputes otherwise referable to the Adjust- ment Board, or any dispute which has been pending before the Adjustment Board for twelve months from the date the dispute (claim) is re- ceived by the Board, or if any carrier makes such a request upon any such representative, the carrier or the representative upon whom such request is made shall join in an agreement es- tablishing such a board within thirty days from the date such request is made. The cases which may be considered by such board shall be de- fined in the agreement establishing it. Such board shall consist of one person designated by the carrier and one person designated by the representative of the employees. If such carrier or such representative fails to agree upon the es- tablishment of such a board as provided herein, or to exercise its rights to designate a member of the board, the carrier or representative mak- ing the request for the establishment of the spe- cial board may request the Mediation Board to designate a member of the special board on be- half of the carrier or representative upon whom such request was made. Upon receipt of a re- quest for such designation the Mediation Board shall promptly make such designation and shall select an individual associated in interest with the carrier or representative he is to represent, who, with the member appointed by the carrier or representative requesting the establishment of the special board, shall constitute the board. Each member of the board shall be compensated by the party he is to represent. The members of the board so designated shall determine all mat- ters not previously agreed upon by the carrier and the representative of the employees with re- spect to the establishment and jurisdiction of the board. If they are unable to agree such mat- ters shall be determined by a neutral member of the board selected or appointed and com- pensated in the same manner as is hereinafter Page 17 TITLE 45—RAILROADS § 154 provided with respect to situations where the members of the board are unable to agree upon an award. Such neutral member shall cease to be a member of the board when he has deter- mined such matters. If with respect to any dis- pute or group of disputes the members of the board designated by the carrier and the rep- resentative are unable to agree upon an award disposing of the dispute or group of disputes they shall by mutual agreement select a neutral person to be a member of the board for the con- sideration and disposition of such dispute or group of disputes. In the event the members of the board designated by the parties are unable, within ten days after their failure to agree upon an award, to agree upon the selection of such neutral person, either member of the board may request the Mediation Board to appoint such neutral person and upon receipt of such request the Mediation Board shall promptly make such appointment. The neutral person so selected or appointed shall be compensated and reimbursed for expenses by the Mediation Board. Any two members of the board shall be competent to render an award. Such awards shall be final and binding upon both parties to the dispute and if in favor of the petitioner, shall direct the other party to comply therewith on or before the day named. Compliance with such awards shall be enforcible by proceedings in the United States district courts in the same manner and subject to the same provisions that apply to proceedings for enforcement of compliance with awards of the Adjustment Board. (May 20, 1926, ch. 347, § 3, 44 Stat. 578; June 21, 1934, ch. 691, § 3, 48 Stat. 1189; Pub. L. 89–456, §§ 1, 2, June 20, 1966, 80 Stat. 208, 209; Pub. L. 91–234, §§ 1–6, Apr. 23, 1970, 84 Stat. 199, 200.) Editorial Notes AMENDMENTS 1970—Par. First, (a). Pub. L. 91–234, § 1, substituted ‘‘thirty-four members, seventeen of whom shall be se- lected by the carriers and seventeen’’ for ‘‘thirty-six members, eighteen of whom shall be selected by the carriers and eighteen’’. Par. First, (b). Pub. L. 91–234, § 2, provided that no carrier or system of carriers have more than one voting representative on any division of the National Railroad Adjustment Board. Par. First, (c). Pub. L. 91–234, § 3, inserted ‘‘Except as provided in the second paragraph of subsection (h) of this section’’ before ‘‘the national labor organizations’’, and provided that no labor organization have more than one voting representative on any division of the National Railroad Adjustment Board. Par. First, (h). Pub. L. 91–234, § 4, decreased number of members on First division of Board from ten to eight members, with an accompanying decrease of five to four as number of members of such Board elected re- spectively by the carriers and by the national labor or- ganizations satisfying the enumerated requirements, and set forth provisos which limited voting by each labor organization or carrier member in any pro- ceedings of the division or in adoption of any award. Par. First, (k). Pub. L. 91–234, § 5, inserted ‘‘except as provided in paragraph (h) of this section’’ after proviso. Par. First, (n). Pub. L. 91–234, § 6, inserted ‘‘eligible to vote’’ after ‘‘Adjustment Board’’. 1966—Par. First, (m). Pub. L. 89–456, § 2(a), struck out ‘‘, except insofar as they shall contain a money award’’ from second sentence. Par. First, (o). Pub. L. 89–456, § 2(b), inserted provision for a division to make an order to the petitioner stat- ing that an award favorable to the petitioner should not be made in any dispute referred to it. Par. First, (p). Pub. L. 89–456, § 2(c), (d), substituted in second sentence ‘‘conclusive on the parties’’ for ‘‘prima facie evidence of the facts therein stated’’ and inserted in last sentence reasons for setting aside orders of a di- vision of the Adjustment Board, respectively. Par. First, (q) to (x). Pub. L. 89–456, § 2(e), added par. (q) and redesignated former pars. (q) to (w) as (r) to (x), respectively. Par. Second. Pub. L. 89–456, § 1, provided for establish- ment of special adjustment boards upon request of em- ployees or carriers to resolve disputes otherwise ref- erable to the Adjustment Board and made awards of such boards final. 1934—Act June 21, 1934, amended provisions com- prising this section generally. § 154. National Mediation Board First. Board of Mediation abolished; National Mediation Board established; composition; term of office; qualifications; salaries; re- moval 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 inde- pendent agency in the executive branch of the Government, a board to be known as the ‘‘Na- tional 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 of- fice 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 nec- essary 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 busi- ness required by this chapter. No person in the employment of or who is pecuniarily or other- wise 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 ap- pointed 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,