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Secs. 18-28 been submitted to the board for its approval and final action has been taken thereon by the board or the President.
(3) Whenever the head of any department, board, Disagreementa bureau, or agency of the Government refuses to suspend, fubmitted 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.
to be forfeited.
Provision not to
Sec. 27. That no merchandise shall be transported by Merchandise 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 over tion shall not apply to merchandise transported between recognized by points within the continental United States, excluding Commission. 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 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.
Sec. 28. That no common carrier shall charge, collect, Restriction course or receive, for transportation subject to the Interstate for transportation Commerce Act of persons or property, under any joint countries by
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 vessels excepted.
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 docu
mented, it shall certify this fact to the Interstate ComSuspended by merce Commission, and the Commission may, by order, Commission, if no ties uafordecaclby suspend the operation of the provisions of this section American vessels, with respect to the rates, fares, and charges for the trans
portation 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 Porded, by com- of this section may be terminated by order of the Com
mission 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.
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.
Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled,
44 Stat. L., 577. Sec, 1. When used in this Act and for the purposes
of this Act:
See. 1 Carrier defined.
Board of Mediation defined.
Commerce de fined.
First. The term “ carrier" includes any express company, 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 Adjustment the boards of adjustment provided for in this Act; Third. The term Board of Mediation
means the Board of Mediation created by this Act;
Fourth. The term commerce means 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.
Fifth. The term “ employee ” as used herein includes Employee do 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
Sees. 1 and 2
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.
Act cited ав Railway L a bor Act.
44 Stat. L., 577.
SEC. 2. First. It shall be the duty of all carriers, their employees to officers, agents, and employees to exert every reasonable
agree effort to make and maintain agreements concerning rates
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. Disputes to be Second. All disputes between a carrier and its em
expeditiously. ployees 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, representatives.
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.
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
Conference respect to putes.
Seos. 2 and 8
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.
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 ADJUSTMENTGRIEVANCES-INTERPRETATION OF
44 Stat. L., 578. Boards of ad
Contents of agreements.
SEC. 3. First. Boards of adjustment shall be created
(b) Shall state the group or groups of employees covered by such adjustment board;
(c) Shall provide that disputes between an employee Grievances, 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 Hearinga, 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 Decision shall be final and binding on both parties to the dispute;