- PསཟPལཔཨ པཐ It has been given and ute is in the hands of - act. Further respon- to carry out these il who fail to comt Board or arbitraade subject to civil = or responsibilities e court writs. The ith the designation Nevertheless, the ference could be District Court for the amended act, in the matter of a property right, complainants."2 aimerent types or aisputes. (a) Representation disputes—Elections.—In selecting represer to deal with the management, disputes often arise among the em themselves as to what organizations they desire to represent then because in some instances employers had participated in such d favoring one organization or another, bitter conflicts had bee cipitated. Section 2, ninth, of the amended Railway Labor Act p an effective method of settling such disputes peacefully. If such a arises among employees, it is the duty of the National Mediation on request of either party, to investigate and to certify in writing parties and to the carrier the names of the indivduals or organi that have been designated and authorized to represent the employ such an investigation the Board may take a secret ballot or “utili other appropriate method * * * as shall insure the choice of repr tives by the employees without interference, influence, or coercion cised by the carrier." Thus the management is eliminated, as a from any such controversy. The Board is given authority to designa may participate in an election, or it may appoint a committee o neutral persons to hold hearings and make such determination. have been two cases where the National Mediation Board has use a Committee of Three Neutral Persons. COMMITTEE Of Three NEUTRALS The Board appointed a committee of three neutrals pursuant tion 2, ninth, of the act to investigate a representation dispute flight deck crew members, employees of United Air Lines, Inc., members of the committee were J. Glenn Donaldson, Denver, Col chairman; George S. Ives, Washington, D.C., member; and Day Stowe, Washington, D.C., member. This committee convened upon the first day of December 195 hearings continued upon sundry dates and places thereafter unti 23, 1960. Because of the voluminous record, 595 exhibits and 5,121 of testimony adduced over 40 days of hearing, the filing of brie proposed findings were not completed until December 5, 1960. The issue before the committee as stated in the Findings upon tigation issued January 17, 1961 was: On the basis of the entire record, this committee finds that all flight deck members on United Air Lines, Inc., in the job classifications of pilot or cap reserve pilot, copilot, and second officer or flight engineer constitute one craf class for purposes of representation and collective bargaining under the Rail Labor Act and should be voted together on one ballot for the purposes of re sentation under Section 2, ninth, of the Railway Labor Act, as amended. Subsequently, on the basis of the committee's conclusion in th Findings upon Investigation the Board docketed the application of Air Line Pilots Association to investigate a representation dispute amo flight deck crew members, employees of United Air Lines, Inc., and due course an election was held among the employees concerned a result of which the Board issued a certification May 31, 1961, where the Air Line Pilots Association was designated as the representative flight deck crew members employed by United Air Lines, Inc. It should be noted that the procedure adopted by the Board in ha dling this dispute was the subject of legal action brought by the UN Chapter, Flight Engineers' International Association, AFL-CIO again the Board. The right of the Board to proceed as it did was upheld the U.S. Court of Appeals, District of Columbia, in Case No. 16,33 decided July 13, 1961. (See Court Proceedings) On February 17, 1961, flight engineers employed on seven of t Nation's air carriers: Pan American World Airways, American Airlin Trans World Airlines, Eastern Air Lines, National Airlines, The Flyin Tiger Line, and Western Air Lines, commenced a walkout which sh down the operations of these carriers. February 21, 1961, then Secretary of Labor Arthur J. Goldberg, havir investigated all the facts and circumstances in the situation, announce that he had recommended to the President that a distinguished an competent public commission should be appointed to review the con plex problems involved. In making this announcement the Secretar stated: In the immediate background of these strikes is the stated fear of the men involve that the decision of the National Mediation Board in File No. C-2946, involvin United Air Lines, jeopardizes their jobs with the other carriers which they a striking, and their union's bargaining rights and status. The United Air Lines' dec sion is, by its nature, limited to that airline and the parties to that proceeding It does not automatically apply to other air carriers. Mr. Francis O'Neill, Chairma of the National Mediation Board, has made a public statement of his similar view. shat ul fight deck ce cartons of piot or ap eer constitute me cat or uning under the Ralva or the purposes of repre tc. as amendet. conclusion in their he application of the entation dispute among Air Lines, Inc., and in cicvees concerned as a av 31. 1961, whereby the representative for Lines. Lic. by the Board in hanbrought by the UNA cn. AFL-CIO against t did was upheld by n Case No. 16.332, wed on seven of the s. American Airlines, Airlines. The Flying walkout which shut J. Goldberg, having siciacon, announced a distinguished and to review the comement the Secretary ear of the men involved No. C-2946, involving arriers which they are United Air Lines' deciso that proceeding. ncis O'Neill, Chairman ut of his similar view. was issued amending the order of February 21 to include W Lines. February 24 it was announced by the President that all part Western Air Lines had agreed to the proposal made by the Se Labor on his behalf, that the flight engineers were immediately to return to work, and that arrangements were being made f resumption of operations on the six airlines. The commission appointed by the President consisted of I Feinsinger, chairman; Richard Lester, member; and J. Kei member. On May 24, 1961, this commission made its report to dent, which consisted of a detailed study of the background of t versy, the craft or class decision in the United Air Lines case an tions and recommendations of the commission. The recommendations of the commission included a proposa lish a Joint Committee on Interunion Cooperation as an init implement the commission's recommendations that a merger should be reached between the Flight Engineers' Internatio ciation and the Air Line Pilots Association. In regard to the complement issue the commission endorsed the principle of from a four-man to a three-man crew on turbojets, with reaso quate protection for the job equities of those employees who adversely affected by such transition. Principles to guide the parties in meeting the problems of jo and transiton to three-man crews were recommended to the pa commission also made certain observations and recommendatio ing the singular situation on Western Air Lines. In conclusion the commission proposed that the parties neg the basis of its report and advise the commission of their progr 30 days. October 17, 1961, the commission made a further report to dent amplifyng its report of May 24 with detailed recomme In its conclusion the commission stated: This is not a conventional labor dispute between one union and on The issues to which the President directed the commission to address itsel increased in complexity by the involvement of two unions with competi and seven carriers with separate bargaining histories. So critical was th strike that the President took the unusual step of creating this commis ་་པ་སས་སསས་པསབ ས པམPབ་་་ COMMITTEE OF THREE NEUTRALS On July 14, 1965, a Committee of Three Neutral Persons issued its determination in a representation proceeding conducted under section 2, ninth of the Railway Labor Act. The committee, after hearings, denied a request of Aircraft Mechanics Fraternal Association to establish "Aircraft Mechanics" as a separate craft or class for collective bargaining purposes, by subdivding the generally recognized craft or class of "Mechanics and Related Employees" as determined by the National Mediation Board in case R-1447. The new craft or class sought to be established by the applicant would comprise only employees who are trained to and possess certain specified mechanical skills. The representation proceedings involved "Mechanics and Related Employees" of Eastern Air Lines, Inc. (Case R-3712), United Air Lines, Inc. (Case R-3713), represented by the International Association of Machinists and Aerospace Workers, AFL-CIO, and Seaboard World Airlines, Inc. (Case R-3714), represented by the Transport Workers Union of America, AFL-CIO. In its determination, the committee designated the occupational classifications to be used in compiling eligibility lists. Subsequent handling of the applications of Aircraft Mechanics Fraternal Association resulted in the dismissal of all three cases under the Board's rules 1206.2 (a) based on insufficient showing of interest. The committee appointed by the National Mediation Board in accordance with section 2, ninth, of the Act, was composed of Saul Wallen, chairman, Ronald W. Haughton, member, and Paul N. Guthrie, member. (b) Mediation.-The National Mediation Board, on request of either party to a dispute involving changes in rates of pay, rules, or working conditons, or on its own motion in cases of emergency, is required to "promptly put itself in communication with the parties to such controversy, and *** use its best efforts, by mediation, to bring them to agreement." Each of the three members and any of its staff may act for the Board in the mediating capacity. When a dispute is settled through a mediation agreement, should any question arise subsequently regarding the meaning or application of such an agreement, the Board is required, ersons issued its d under section hearings, denied establish "Airbargaining pur - of "Mechanics ediation Board blished by the to and possess d Related EmAir Lines, Inc. on of Machinorld Airlines, cers Union of ational classi hanics Frateres under the nterest. rd in accord- ✔ regarding PRESIDENTIAL COMMISSION-RAILROAD INDUSTRY The Presidential commission established by Executive Orde November 1, 1960, presented its report to the President Feb 1962. The Commission which had been authorized to investiga troversy between the Eastern, Western, and Southeastern Carri ference Committees and employees representd by the Brothe Locomotive Engineers, the Brotherhood of Locomotive Fireme gineers, the Order of Railway Conductors & Brakemen, the hood of Railroad Trainmen, and the Switchmen's Union of Nor ica consisted of 15 members equally divided between represent the public, the carriers, and labor. Simon H. Rifkind, a former judge, was Chairman of the Commission. The report of the Commission, consisting of over 500 pages, e technological changes affecting the railroad industry as well ning practices, compensation, and assignment of employees. Th concluded that the present system of rules is outmoded in man mentals: that work relations between employees and railroads erned by a system of rules, regulations, and practices which larg into being before modern technology; and that the system of w fails to achieve a fair or reasonable apportionment of work or sation. Based on its conclusions, the Commission made detaile mendations for a revision of the pay structure and basis for payment; a modification of the rules separating road and yar gradual elimination of firemen from road freight and yard die motives and changes in other long-established work rules; and t mission further proposed a comprehensive survey for determining in the crew consist for train service. Both carrier and labor representatives dissented in part to th as presented by the public members. The carrier members acce report on the premise that notwithstanding the deficiencies of th basically the recommendations were designed to serve the public Dissents filed by each of the labor members of the Commission i they generally were disappointed by the recommendations. Soon after the Commission made its report, representative Eastern, Western, and Southeastern Carriers' Conference Co met with representatives of the five Operating Brotherhoods i |