were fashioned.

The Board's review of the development of railway-labor legislation is attached to this report as appendix C. Here it is sufficient to list the acts of Congress as they have succeeded one another, and to indicate briefly the significant features of each.

1. The first law dealing with railway labor relations was enacted by Congress in 1888, and provided (1) for voluntary arbitration and (2) investigation of labor disputes that threatened to interrupt interstate commerce. During the 10 years of its existence, the arbitration provisions were never used, and the investigation provisions were used only once, and then without effect on a strike which was already in progress.

2. The Erdman Act of 1898 was the first law to place reliance upon the policy of mediation and conciliation by the Government for the prevention of railroad labor disputes, with a temporary board for each case. The investigation features of the previous act were repealed, but voluntary arbitration was retained as a second line of defense if mediation failed.

3. The Newlands Act of 1913 established a full-time Board of Mediation and Conciliation, and definitely placed main reliance for settlement of disputes upon mediation. The Board was also required, if a dispute arose as to the meaning or application of any agreement reached through mediation, to render an opinion, when requested by either party. Arbitration procedures when mediation failed were improved.

4. The Adamson Act of 1916 was an attempt to settle a dispute with respect to the 8-hour day by direct congressional action when mediation failed and arbitration was refused.

5. Federal control (see appendix C): Pursuant to authority under a law enacted by Congress, August 29, 1916, the President issued a proclamation taking possession of and assuming control of the railroads on December 28, 1917. The proclamation appointed a Director General of Railroads. Under authority of the Director General of Railroads, the rights of labor to organize, without interference by management, was established. He also established railway boards of adjustment, equally representative of management and employees, with authority to make decisions in all disputes involving interpretation or application of existing agreements.

6. The Transportation Act of 1920 created the United States Railroad Labor Board of nine members (three to represent, respectively, manage

of public opinion was expected to enr

7. The Railway Labor Act of 1926 established mediation as method of Government intervention in railway labor dispu voluntary arbitration to be urged upon the parties if this f strengthened mediation by making it obligatory upon carriers ployees to exert every reasonable effort to make and mainta ments through representatives chosen by each party without int by the other. And it made provision for the establishment of ad boards by voluntary agreement of carriers and employees for the of interpreting and applying the agreements. This act was an at embody the best features of the previous legislation in a laborlaw for the railroads.

8. The Bankruptcy and Emergency Transportation Acts of tended the provisions of the Railway Labor Act to cover all receivership, prohibited "yellow dog" contracts, provided p against interference and coercion on the part of the manageme matter of self-organization of employees. All of these provisions the following year, included in the amendments to the Railwa Act.

D. Amendments to the Railway Labor Act

The following is a chronological resumé of the amendmen Railway Labor Act of 1926 with a brief statement as to the r the change. A more detailed discussion of these amendments is c in appendix C.

(1) Public Law No. 442, 73d Congress, approved June 21, 19 ished the United States Board of Mediation established by the Labor Act of 1926 and provided in its stead the present Nationa tion Board. The National Railroad Adjustment Board with head in Chicago, Ill., was established by the addition of section 3 to Section 2 was amended to clarify the right of employees to orga bargain collectively; section 2, ninth, specifically provided the a for the National Mediation Board to investigate representation and certify the designated representative of the employees to the

(2) Public Law No. 487, 74th Congress, approved April 1 added Title II which extended the provisions of the act to air car

clarified the coverage of the act as it affected coal-mining operations. (4) Public Law No. 914, 81st Congress, approved January 10, 1951, amended section 2 so as to permit agreements between carrier and labor organizations providing as a condition of continued employment that employees shall become members of the labor organization representing their craft or class and also permitting the deduction of union dues from the wages of an employee.

(5) Public Law No. 542, 88th Congress, approved August 31, 1964 amended Section 4, First to read as follows: "Each member of the Mediation Board in office on January 1, 1965, shall be deemed to have been appointed for a term of office which shall expire on July 1 of the year his term would have otherwise expired. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified."

(6) Public Law No. 456, 89th Congress, approved June 20, 1966, amended section 3, Second, in order to provide for establishment of Special Adjustment Boards upon the request of either representatives of employees or of carriers to resolve disputes otherwise referable to the National Railroad Adjustment Board, and to make all awards of such Boards final.

(7) Public Law No. 234, 91st Congress, approved April 23, 1970, amended section 3, First, subsection (a) to provide that the Adjustment Board shall consist 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.

January 10, 1951, ween carrier and

ontinued employabor organization the deduction of

August 31, 1964 mber of the Medimed to have been uly 1 of the year ation of his term ssor is appointed

June 20, 1966, establishment of epresentatives of referable to the awards of such

April 23, 1970, the Adjustment whom shall be nizations of the

AND ITS DUTIES

A. Organization and Introduction

The National Mediation Board replaced the U.S. Board of tion and was established in June 1934 under the authority of way Labor Act, as amended.

The Board is composed of three members appointed by the P by and with the advice and consent of the Senate. The terms except in case of a vacancy due to an unexpired term, are for the term of one member expiring on July 1 of each year. An ment to the act approved August 31, 1964 (78 Stat. 748), provide the expiration of his term of office, a member shall continue until his successor is appointed and shall have qualified." Th quires that the Board shall annually designate one of its me serve as chairman. Not more than two members may be of political party. The Board's headquarters and office staff are lo the National Rifle Association Building, Washington, D.C. 2 addition to its office staff, the Board has a staff of mediators wh practically their entire time in field duty.

Subject to the Board's direction, administration of the Board is in charge of the executive secretary. While some mediation cor are held in Washington, by far the larger portion of mediation s performed in the field at the location of the disputes. Service Board consists of mediating disputes between the carriers and th sentatives of their employees over changes in rates of pay, ru working conditions. These services also include the investigation resentation disputes among employees and the determination disputes by elections or otherwise. These services as required by are performed by members of the Board and its staff of media addition, the Board conducts hearings when necessary in connect representation disputes to determine employees eligible to partic elections and other issues which arise in its investigation of such The Board also conducts hearings in connection with the interp of mediation agreements and appoints neutral referees and ar as required.

The Railway Labor Act is intended to provide an orderly procedure by which representatives of the carriers and employees will make and maintain agreements. Section 6 of the act outlines in detail the guidelines which must be followed when either party desires to change an agreement affecting rates of pay, rules, and working conditions. The first requirement is that a 30-day written notice of the intended change must be served upon the other party. Within 10 days after receipt of the notice of intended change, the parties shall agree upon the time and place for conference on the notice. This conference must be within 30 days provided in the notice of intended change. Thus, in the first step, the parties are required to place on record, with advance notice, their intention to change the agreement between them. Arrangements must be made promptly for direct conferences between the parties on the subject covered by the notice in an effort to dispose of any dispute affecting rules, wages, and working conditions. It is at this level of direct negotiation that the majority of labor disputes are disposed of without the assistance of or intervention by an outside party. Numerous revisions in agreements covering rates of pay, rules, and working conditions were made without the active assistance of the National Mediation Board.

In the event that settlement of the dispute is not reached in the first stage, section 5, first, of the act permits either party-carrier or labor organization—or both, to invoke the services of the National Mediation Board. Applications for the assistance of the Board in disposing of dis