45 U.S.C. § 155 — Functions of Mediation Board

Page 19 TITLE 45—RAILROADS § 155 TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in par. Second relating to the requirement that the Board make an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 6th item on page 184 of House Document No. 103–7. § 155. Functions of Mediation Board First. Disputes within jurisdiction of Mediation Board The parties, or either party, to a dispute be- tween 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 Na- tional Railroad Adjustment Board and not ad- justed 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 settle- ment 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 con- troversy 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 emer- gency 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 estab- lished 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 agree- ment reached through mediation under the pro- visions 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 thir- ty days. Third. Duties of Board with respect to arbitra- tion of disputes; arbitrators; acknowledg- ment of agreement; notice to arbitrators; re- convening of arbitrators; filing contracts with Board; custody of records and docu- ments 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 ar- bitrators. 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 pro- vided by this chapter, or if such an arbitrator re- fuses or is unable to serve, it shall be the duty of the Mediation Board, promptly, to select an- other arbitrator, in the same manner as pro- vided in this chapter for an original appoint- ment by the Mediation Board. (b) Any member of the Mediation Board is au- thorized 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 de- livered to a member of said Board or trans- mitted 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 arbitra- tors. (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 no- tice 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 sub- committee of such Board appointed for such pur- pose 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 con- troversy of the time and place at which the Board, or the subcommittee, will meet for hear- ings upon the matters in controversy to be sub- mitted to it. No evidence other than that con- tained in the record filed with the original award shall be received or considered by such re- convened Board or subcommittee, except such evidence as may be necessary to illustrate the interpretations suggested by the parties. If any 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