been submitted to the board for its approval and final action has been taken thereon by the board or the President. Secs. 19-28 Disagreements (3) Whenever the head of any department, board, as to rules to be bureau, or agency of the Government refuses to suspend, submitted to the modify, or annul any rule or regulation, or make a new rule or regulation upon request of the board, as provided in subdivision (c) of paragraph (1) of this section, or objects to the decision of the board in respect to the approval of any rule or regulation, as provided in paragraph (2) of this section, either the board or the head of the department, board, bureau, or agency which has established or is attempting to establish the rule or regulation in question may submit the facts to the President, who is hereby authorized to establish or suspend, Action thereon. modify, or annul such rule or regulation. in other than to be forfeited. Provision not to over through routes SEC. 27. That no merchandise shall be transported by Merchandise transported in water, or by land and water, on penalty of forfeiture coastwise trade thereof, between points in the United States, including American vessels Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the privilege of engaging in the coastwise trade is extended by sections 18 or 22 of this Act: Provided, That this sec- apply tion shall not apply to merchandise transported between recognized by points within the continental United States, excluding Alaska, over through routes heretofore or hereafter recognized by the Interstate Commerce Commission for which routes rate tariffs have been or shall hereafter be filed with said Commission when such routes are in part over Canadian rail lines and their own or other connecting water facilities: Provided further, That this section shall y Application to not become effective upon the Yukon River until the layed. Alaska Railroad shall be completed and the Shipping Board shall find that proper facilities will be furnished for transportation by persons citizens of the United States for properly handling the traffic. Commission. Yukon River de Restriction on for transportation "lower rail charges SEC. 28. That no common carrier shall charge, collect, or receive, for transportation subject to the Interstate Commerce Act of persons or property, under any joint countries by from foreign water carriers. Sec. 1 vessels excepted. rate, fare, or charge, or under any export, import, or other proportional rate, fare, or charge, which is based in whole or in part on the fact that the persons or property affected thereby is to be transported to, or has been transported from, any port in a possession or dependency of the United States, or in a foreign country, by a carrier by water in foreign commerce, any lower rate, fare, or charge than that charged, collected, or received by it for the transportation of persons, or of a like kind of property, for the same distance, in the same direction, and over the same route, in connection with commerce wholly within By American the United States, unless the vessel so transporting such persons or property is, or unless it was at the time of such transportation by water, documented under the laws of the United States. Whenever the board is of the opinion, however, that adequate shipping facilities to or from any port in a possession or dependency of the United States or a foreign country are not afforded by vessels so documented, it shall certify this fact to the Interstate ComCommission, if no merce Commission, and the Commission may, by order, ties afforded by suspend the operation of the provisions of this section American vessels. with respect to the rates, fares, and charges for the transportation by rail of persons and property transported from, or to be transported, to such ports, for such length of time and under such terms and conditions as it may prescribe in such order, or in any order supplemental Termination, thereto. Such suspension of operation of the provisions forded, by Com- of this section may be terminated by order of the Commission whenever the board is of the opinion that adequate shipping facilities by such vessels to such ports are afforded and shall so certify to the Commission. Suspended by adequate facili when facilities af mission. RAILWAY LABOR ACT [May 20, 1926.] AN ACT To provide for the prompt disposition of disputes be tween carriers and their employees, and for other purposes. 44 Stat. L., 577. Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled, DEFINITIONS SEC. 1. When used in this Act and for the purposes of this Act: See. 1 First. The term "carrier" includes any express com- Carrier defined. pany, sleeping-car company, and any carrier by railroad, subject to the Interstate Commerce Act, including all floating equipment such as boats, barges, tugs, bridges and ferries; and other transportation facilities used by or operated in connection with any such carrier by railroad, and any receiver or any other individual or body, judicial or otherwise, when in the possession of the business of employers or carriers covered by this Act: Provided, however, That the term "carrier" shall not include any street, interurban, or suburban electric railway unless such a railway is operating as a part of a general steam railroad system of transportation, but shall not exclude any part of the general steam railroad system of transportation now or hereafter operated by any other motive power; Second. The term "Adjustment Board" means one of means means the commerce Fourth. The 66 term commerce among the several States or between any State, Territory, or the District of Columbia and any foreign nation, or between any Territory or the District of Columbia and any State, or between any Territory and any other Territory, or between any Territory and the District of Columbia, or within any Territory or the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign nation. Adjustment Board defined. Board of Mediation defined. Commerce de fined. fined. Fifth. The term "employee" as used herein includes Employee de every person in the service of a carrier (subject to its continuing authority to supervise and direct the manner of rendition of his service) who performs any work defined as that of an employee or subordinate official, in the orders of the Interstate Commerce Commission now in effect, and as the same may be amended or interpreted by orders hereafter entered by the Commission pursuant to the authority which is hereby conferred upon it to enter orders amending or interpreting such existing orders: Provided, however, That no occupational classification made by order of the Interstate Commerce Commission shall be construed to define the crafts according to which railway employees may be organized by their voluntary action, nor shall the jurisdiction or powers of such employee organizations be regarded as in any way limited or defined by the provisions of this Act or by the orders of the Commission. Sixth. The term "district court" includes the Supreme Court of the District of Columbia; and the term "circuit court of appeals " includes the Court of Appeals of the District of Columbia. This Act may be cited as the Railway Labor Act. 44 Stat. L., 577. Carriers and GENERAL DUTIES SEC. 2. First. It shall be the duty of all carriers, their employees to officers, agents, and employees to exert every reasonable maintain agree effort to make and maintain agreements concerning rates ments. Disputes to be decided expeditiously. Designation of representatives. Conference respect to putes. dis of pay, rules, and working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to commerce or to the operation of any carrier growing out of any dispute between the carrier and the employees thereof. Second. All disputes between a carrier and its employees shall be considered, and, if possible, decided, with all expedition, in conference between representatives designated and authorized so to confer, respectively, by the carriers and by the employees thereof interested in the dispute. Third. Representatives, for the purposes of this Act, shall be designated by the respective parties in such manner as may be provided in their corporate organization or unincorporated association, or by other means of collective action, without interference, influence, or coercion exercised by either party over the self-organization or designation of representatives by the other. in Fourth. In case of a dispute between a carrier and its employees, arising out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, it shall be the duty of the designated representative or representatives of such carrier and of such employees, within ten days after the receipt of notice of a desire on the part of either party to confer in respect to such dispute, to specify a time and place at which such conference shall be held: Provided, (1) That the place so specified shall be situated upon the railroad line of the carrier involved unless otherwise mutually agreed upon; and (2) that the time so specified shall allow the designated conferees reasonable opportunity to reach such place of conference, but shall not exceed twenty days from the receipt of such notice: And provided further, That nothing in this paragraph shall be construed to supersede the provisions of any agreement (as to conferences) then in effect between the parties. Sees. 2 and 3 dealt with. Fifth. Disputes concerning changes in rates of pay, How disputes rules, or working conditions shall be dealt with as provided in section 6 and in other provisions of this Act relating thereto. BOARDS OF ADJUSTMENT GRIEVANCES-INTERPRETATION OF AGREEMENTS 44 Stat. L., 578. Boards of ad SEC. 3. First. Boards of adjustment shall be created by agreement between any carrier or group of carriers, justment. or the carriers as a whole, and its or their employees. The agreement (a) Shall be in writing; (b) Shall state the group or groups of employees covered by such adjustment board; Contents of agreements. Grievances. (c) Shall provide that disputes between an employee or group of employees and a carrier, growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, 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 manner, that the dispute shall be referred to the designated adjustment board by the parties, or by either party, with a full statement of the facts and all supporting data bearing upon the dispute; (d) Shall provide that the parties may be heard either Hearings. in person, by counsel, or by other representative, as they may respectively elect, and that adjustment boards shall hear and, if possible, decide promptly all disputes referred to them as provided in paragraph (c). Adjustment boards shall give due notice of all hearings to the employee or employees and the carrier or carriers involved in the dispute; (e) Shall stipulate that decisions of adjustment boards Decisions. shall be final and binding on both parties to the dispute; |