45 U.S.C. § 185 — National Air Transport Adjustment Board

Page 27 TITLE 45—RAILROADS § 185 Transportation and Infrastructure of the House of Representatives, the Committee on Com- merce, Science, and Transportation of the Sen- ate, and the Committee on Health, Education, Labor, and Pensions of the Senate. (May 20, 1926, ch. 347, § 15, as added Pub. L. 112–95, title X, § 1004, Feb. 14, 2012, 126 Stat. 147.) Statutory Notes and Related Subsidiaries BIANNUAL GAO AUDIT Pub. L. 118–63, title II, § 218(o), May 16, 2024, 138 Stat. 1057, provided that: ‘‘Any provision of the FAA Mod- ernization and Reform Act of 2012 (Public Law 112–95) [see Short Title of 2012 Amendment note set out under section 40101 of Title 49, Transportation], including any amendment made by such Act, that requires the Comp- troller General [of the United States] to conduct an audit (including a recurring audit) shall have no force or effect.’’ SUBCHAPTER II—CARRIERS BY AIR § 181. Application of subchapter I to carriers by air All of the provisions of subchapter I of this chapter except section 153 of this title are ex- tended to and shall cover every common carrier by air engaged in interstate or foreign com- merce, 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 car- riers, subject to its or their continuing author- ity to supervise and direct the manner of ren- dition of his service. (May 20, 1926, ch. 347, § 201, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.) § 182. Duties, penalties, benefits, and privileges of subchapter I applicable 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 shall apply to said car- riers 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. (May 20, 1926, ch. 347, § 202, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.) § 183. Disputes within jurisdiction of Mediation Board The parties or either party to a dispute be- tween an employee or a group of employees and a carrier or carriers by air may invoke the serv- ices of the National Mediation Board and the ju- risdiction of said Mediation Board is extended to 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 an ad- justment board, as hereinafter provided, and not adjusted in conference between the parties, or where conferences are refused. The National Mediation Board may proffer its services in case any labor emergency is found by it to exist at any time. The services of the Mediation Board may be invoked in a case under this subchapter in the same manner and to the same extent as are the disputes covered by section 155 of this title. (May 20, 1926, ch. 347, § 203, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.) § 184. System, group, or regional boards of ad- justment The disputes between an employee or group of employees and a carrier or carriers by air grow- ing out of grievances, or out of the interpreta- tion or application of agreements concerning rates of pay, rules, or working conditions, in- cluding cases pending and unadjusted on April 10, 1936 before the National Labor Relations Board, shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes; but, failing to reach an adjustment in this man- ner, the disputes may be referred by petition of the parties or by either party to an appropriate adjustment board, as hereinafter provided, with a full statement of the facts and supporting data bearing upon the disputes. It shall be the duty of every carrier and of its employees, acting through their representatives, selected in accordance with the provisions of this subchapter, to establish a board of adjust- ment of jurisdiction not exceeding the jurisdic- tion which may be lawfully exercised by system, group, or regional boards of adjustment, under the authority of section 153 of this title. Such boards of adjustment may be established by agreement between employees and carriers either on any individual carrier, or system, or group of carriers by air and any class or classes of its or their employees; or pending the estab- lishment of a permanent National Board of Ad- justment as hereinafter provided. Nothing in this chapter shall prevent said carriers by air, or any class or classes of their employees, both act- ing through their representatives selected in ac- cordance with provisions of this subchapter, from mutually agreeing to the establishment of a National Board of Adjustment of temporary duration and of similarly limited jurisdiction. (May 20, 1926, ch. 347, § 204, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.) § 185. National Air Transport Adjustment Board When, in the judgment of the National Medi- ation Board, it shall be necessary to have a per- manent 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 appli- cation 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 Page 28 TITLE 45—RAILROADS § 186 been or may be recognized in accordance with the provisions of this chapter, to select and des- ignate four representatives who shall constitute a board which shall be known as the ‘‘National Air Transport Adjustment Board.’’ Two mem- bers of said National Air Transport Adjustment Board shall be selected by said carriers by air and two members by the said labor organiza- tions of the employees, within thirty days after the date of the order of the National Mediation Board, in the manner and by the procedure pre- scribed by section 153 of this title for the selec- tion 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 Na- tional Mediation Board directing the selection and designation of its members and shall orga- nize and adopt rules for conducting its pro- ceedings, in the manner prescribed in section 153 of this title. Vacancies in membership or office shall be filled, members shall be appointed in case of failure of the carriers or of labor organi- zations of the employees to select and designate representatives, members of the National Air Transport Adjustment Board shall be com- pensated, hearings shall be held, findings and awards made, stated, served, and enforced, and the number and compensation of any necessary assistants shall be determined and the com- pensation of such employees shall be paid, all in the same manner and to the same extent as pro- vided with reference to the National Railroad Adjustment Board by section 153 of this title. The powers and duties prescribed and estab- lished by the provisions of section 153 of this title with reference to the National Railroad Ad- justment Board and the several divisions thereof are conferred upon and shall be exercised and performed in like manner and to the same ex- tent by the said National Air Transport Adjust- ment Board, not exceeding, however, the juris- diction conferred upon said National Air Trans- port Adjustment Board by the provisions of this subchapter. From and after the organization of the National Air Transport Adjustment Board, if any system, group, or regional board of adjust- ment established by any carrier or carriers by air and any class or classes of its or their em- ployees is not satisfactory to either party there- to, the said party, upon ninety days’ notice to the other party, may elect to come under the ju- risdiction of the National Air Transport Adjust- ment Board. (May 20, 1926, ch. 347, § 205, as added Apr. 10, 1936, ch. 166, 49 Stat. 1190.) § 186. Omitted Editorial Notes CODIFICATION Section, act May 20, 1926, ch. 347, § 206, as added Apr. 10, 1936, ch. 166, 49 Stat. 1191, transferred certain pend- ing cases before National Labor Relations Board to Me- diation Board. § 187. Separability If any provision of this subchapter or applica- tion thereof to any person or circumstance is held invalid, the remainder of such sections and the application of such provision to other per- sons or circumstances shall not be affected thereby. (May 20, 1926, ch. 347, § 207, as added Apr. 10, 1936, ch. 166, 49 Stat. 1191.) § 188. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for expenditure by the Mediation Board in carrying out the provisions of this chapter. (May 20, 1926, ch. 347, § 208, as added Apr. 10, 1936, ch. 166, 49 Stat. 1191.) CHAPTER 9—RETIREMENT OF RAILROAD EMPLOYEES SUBCHAPTER I—RAILROAD RETIREMENT ACT OF 1934 Sec. 201 to 214. Omitted or Repealed. SUBCHAPTER II—RAILROAD RETIREMENT ACT OF 1935 215 to 228. Omitted. SUBCHAPTER III—RAILROAD RETIREMENT ACT OF 1937 228a to 228z–1. Omitted or Repealed. SUBCHAPTER IV—RAILROAD RETIREMENT ACT OF 1974 231. Definitions. 231a. Annuity eligibility requirements. 231b. Computation of annuities. 231c. Computation of spouse and survivor annu- ities. 231d. Annuity beginning and ending dates. 231e. Lump sum payments. 231f. Railroad Retirement Board. 231f–1. Annual actuarial report. 231g. Court jurisdiction. 231h. Returns of compensation; conclusiveness. 231i. Erroneous payments. 231j. Waiver of annuities. 231k. Incompetence. 231l. Penalties. 231m. Assignability; exemption from levy. 231n. Railroad Retirement Account. 231n–1. Social Security Equivalent Benefit Account. 231o. Private pensions. 231p. Free transportation. 231q. Crediting service under Social Security Act. 231r. Automatic benefit eligibility requirement ad- justments. 231s. Separability. 231t. Short title. 231u. Benefit preservation. 231v. Computation and certification of account benefit ratios. SUBCHAPTER I—RAILROAD RETIREMENT ACT OF 1934 §§ 201 to 208. Omitted Editorial Notes CODIFICATION Sections 201 to 208, sections 1 to 8, respectively, of act June 27, 1934, ch. 868, § 1, 48 Stat. 1283–1286, were omitted pursuant to the decision in the case of Railroad Retire- ment Board v. Alton R. Co. (Dist. of Col., 1935), 295 U.S. 330, 55 S.Ct. 758, 79 L.Ed. 1468, declaring this subchapter unconstitutional. Section 201 defined terms for purposes of this sub- chapter.