---
kind: "range"
citation: "45 U.S.C. §§ 151–156"
title: "45"
from: "151"
to: "156"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/45/151..156"
---

# §151. Definitions; short title


When used in this chapter and for the purposes of this chapter—

First. The term “carrier” includes any railroad subject to the jurisdiction of the Surface Transportation Board, any express company that would have been subject to subtitle IV of [title 49](/usc/49.md), as of December 31, 1995,,[^1] and any company which is directly or indirectly owned or controlled by or under common control with any carrier by railroad and which operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation, receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, and handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the business of any such “carrier”: Provided, however, That the term “carrier” shall not include any street, interurban, or suburban electric railway, unless such 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. The Surface Transportation Board is authorized and directed upon request of the Mediation Board or upon complaint of any party interested to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term “carrier” shall not include any company by reason of its being engaged in the mining of coal, the supplying of coal to a carrier where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities.

Second. The term “Adjustment Board” means the National Railroad Adjustment Board created by this chapter.

Third. The term “Mediation Board” means the National Mediation Board created by this chapter.

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 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 Surface Transportation Board now in effect, and as the same may be amended or interpreted by orders hereafter entered by the Board pursuant to the authority which is conferred upon it to enter orders amending or interpreting such existing orders: Provided, however, That no occupational classification made by order of the Surface Transportation Board 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 chapter or by the orders of the Board.

The term “employee” shall not include any individual while such individual is engaged in the physical operations consisting of the mining of coal, the preparation of coal, the handling (other than movement by rail with standard railroad locomotives) of coal not beyond the mine tipple, or the loading of coal at the tipple.

Sixth. The term “representative” means any person or persons, labor union, organization, or [corporation](/usc/45/702.md?p=5) designated either by a carrier or group of carriers or by its or their employees, to act for it or them.

Seventh. The term “district court” includes the United States District Court for the District of Columbia; and the term “court of appeals” includes the United States Court of Appeals for the District of Columbia.

This chapter may be cited as the “Railway Labor Act.”


# §151a. General purposes


The purposes of the chapter are: (1) To avoid any interruption to [commerce](/usc/45/151.md) or to the operation of any [carrier](/usc/45/151.md) engaged therein; (2) to forbid any limitation upon freedom of [association](/usc/45/702.md?p=1) among [employees](/usc/45/151.md) or any denial, as a condition of [employment](/usc/45/231b.md?p=a-1) or otherwise, of the right of [employees](/usc/45/151.md) to join a labor organization; (3) to provide for the complete independence of [carriers](/usc/45/151.md) and of [employees](/usc/45/151.md) in the matter of self-organization to carry out the purposes of this chapter; (4) to provide for the prompt and orderly settlement of all disputes concerning rates of pay, rules, or working conditions; (5) to provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions.


# §152. General duties


First. Duty of [carriers](/usc/45/151.md) and [employees](/usc/45/151.md) to settle disputes

It shall be the duty of all [carriers](/usc/45/151.md), their officers, agents, and [employees](/usc/45/151.md) to exert every reasonable 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](/usc/45/151.md) or to the operation of any [carrier](/usc/45/151.md) growing out of any dispute between the [carrier](/usc/45/151.md) and the [employees](/usc/45/151.md) thereof.

Second. Consideration of disputes by [representatives](/usc/45/151.md)

All disputes between a [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and its or their [employees](/usc/45/151.md) shall be considered, and, if possible, decided, with all expedition, in conference between [representatives](/usc/45/151.md) designated and authorized so to confer, respectively, by the [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and by the [employees](/usc/45/151.md) thereof interested in the dispute.

Third. Designation of [representatives](/usc/45/151.md)

[Representatives](/usc/45/151.md), for the purposes of this chapter, shall be designated by the respective parties without interference, influence, or coercion by either party over the designation of [representatives](/usc/45/151.md) by the other; and neither party shall in any way interfere with, influence, or coerce the other in its choice of [representatives](/usc/45/151.md). [Representatives](/usc/45/151.md) of [employees](/usc/45/151.md) for the purposes of this chapter need not be persons in the employ of the [carrier](/usc/45/151.md), and no [carrier](/usc/45/151.md) shall, by interference, influence, or coercion seek in any manner to prevent the designation by its [employees](/usc/45/151.md) as their [representatives](/usc/45/151.md) of those who or which are not [employees](/usc/45/151.md) of the [carrier](/usc/45/151.md).

Fourth. Organization and collective bargaining; freedom from interference by [carrier](/usc/45/151.md); assistance in organizing or maintaining organization by [carrier](/usc/45/151.md) forbidden; deduction of dues from wages forbidden

[Employees](/usc/45/151.md) shall have the right to organize and bargain collectively through [representatives](/usc/45/151.md) of their own choosing. The majority of any craft or class of [employees](/usc/45/151.md) shall have the right to determine who shall be the [representative](/usc/45/151.md) of the craft or class for the purposes of this chapter. No [carrier](/usc/45/151.md), its officers, or agents shall deny or in any way question the right of its [employees](/usc/45/151.md) to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any [carrier](/usc/45/151.md) to interfere in any way with the organization of its [employees](/usc/45/151.md), or to use the [funds](/usc/45/351.md?p=q) of the [carrier](/usc/45/151.md) in maintaining or assisting or contributing to any labor organization, labor [representative](/usc/45/151.md), or other agency of collective bargaining, or in performing any work therefor, or to influence or coerce [employees](/usc/45/151.md) in an effort to induce them to join or remain or not to join or remain members of any labor organization, or to deduct from the wages of [employees](/usc/45/151.md) any dues, fees, assessments, or other contributions payable to labor organizations, or to collect or to assist in the collection of any such dues, fees, assessments, or other contributions: Provided, That nothing in this chapter shall be construed to prohibit a [carrier](/usc/45/151.md) from permitting an [employee](/usc/45/151.md), individually, or local [representatives](/usc/45/151.md) of [employees](/usc/45/151.md) from conferring with management during working hours without loss of time, or to prohibit a [carrier](/usc/45/151.md) from furnishing free transportation to its [employees](/usc/45/151.md) while engaged in the business of a labor organization.

Fifth. Agreements to join or not to join labor organizations forbidden

No [carrier](/usc/45/151.md), its officers, or agents shall require any person seeking [employment](/usc/45/231b.md?p=a-1) to sign any contract or agreement promising to join or not to join a labor organization; and if any such contract has been enforced prior to the effective date of this chapter, then such [carrier](/usc/45/151.md) shall notify the [employees](/usc/45/151.md) by an appropriate order that such contract has been discarded and is no longer binding on them in any way.

Sixth. Conference of [representatives](/usc/45/151.md); time; place; private agreements

In case of a dispute between a [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and its or their [employees](/usc/45/151.md), 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](/usc/45/151.md) or [representatives](/usc/45/151.md) of such [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and of such [employees](/usc/45/151.md), 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 line of the [carrier](/usc/45/151.md) involved or as 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 chapter shall be construed to supersede the provisions of any agreement (as to conferences) then in effect between the parties.

Seventh. Change in pay, rules, or working conditions contrary to agreement or to [section 156](/usc/45/156.md) forbidden

No [carrier](/usc/45/151.md), its officers, or agents shall change the rates of pay, rules, or working conditions of its [employees](/usc/45/151.md), as a class, as embodied in agreements except in the manner prescribed in such agreements or in [section 156 of this title](/usc/45/156.md).

Eighth. Notices of manner of settlement of disputes; posting

Every [carrier](/usc/45/151.md) shall notify its [employees](/usc/45/151.md) by printed notices in such form and posted at such times and places as shall be specified by the [Mediation Board](/usc/45/151.md) that all disputes between the [carrier](/usc/45/151.md) and its [employees](/usc/45/151.md) will be handled in accordance with the requirements of this chapter, and in such notices there shall be printed verbatim, in large type, the third, fourth, and fifth paragraphs of this section. The provisions of said paragraphs are made a part of the contract of [employment](/usc/45/231b.md?p=a-1) between the [carrier](/usc/45/151.md) and each [employee](/usc/45/151.md), and shall be held binding upon the parties, regardless of any other express or implied agreements between them.

Ninth. Disputes as to identity of [representatives](/usc/45/151.md); designation by [Mediation Board](/usc/45/151.md); secret elections

If any dispute shall arise among a [carrier](/usc/45/151.md)’s [employees](/usc/45/151.md) as to who are the [representatives](/usc/45/151.md) of such [employees](/usc/45/151.md) designated and authorized in accordance with the requirements of this chapter, it shall be the duty of the [Mediation Board](/usc/45/151.md), upon request of either party to the dispute, to investigate such dispute and to certify to both parties, in writing, within thirty days after the receipt of the invocation of its services, the name or names of the individuals or organizations that have been designated and authorized to represent the [employees](/usc/45/151.md) involved in the dispute, and certify the same to the [carrier](/usc/45/151.md). Upon receipt of such certification the [carrier](/usc/45/151.md) shall treat with the [representative](/usc/45/151.md) so certified as the [representative](/usc/45/151.md) of the craft or class for the purposes of this chapter. In such an investigation, the [Mediation Board](/usc/45/151.md) shall be authorized to take a secret ballot of the [employees](/usc/45/151.md) involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized [representatives](/usc/45/151.md) in such manner as shall insure the choice of [representatives](/usc/45/151.md) by the [employees](/usc/45/151.md) without interference, influence, or coercion exercised by the [carrier](/usc/45/151.md). In the conduct of any election for the purposes herein indicated the Board shall designate who may participate in the election and establish the rules to govern the election, or may appoint a committee of three neutral persons who after hearing shall within ten days designate the [employees](/usc/45/151.md) who may participate in the election. In any such election for which there are 3 or more options (including the option of not being represented by any labor organization) on the ballot and no such option receives a majority of the valid votes cast, the [Mediation Board](/usc/45/151.md) shall arrange for a second election between the options receiving the largest and the second largest number of votes. The Board shall have access to and have power to make copies of the books and records of the [carriers](/usc/45/151.md) to obtain and utilize such information as may be deemed necessary by it to carry out the purposes and provisions of this paragraph.

Tenth. Violations; prosecution and penalties

The willful failure or refusal of any [carrier](/usc/45/151.md), its officers or agents, to comply with the terms of the third, fourth, fifth, seventh, or eighth paragraph of this section shall be a misdemeanor, and upon conviction thereof the [carrier](/usc/45/151.md), officer, or agent offending shall be subject to a fine of not less than $1,000, nor more than $20,000, or imprisonment for not more than six months, or both fine and imprisonment, for each offense, and each day during which such [carrier](/usc/45/151.md), officer, or agent shall willfully fail or refuse to comply with the terms of the said paragraphs of this section shall constitute a separate offense. It shall be the duty of any United States attorney to whom any duly designated [representative](/usc/45/151.md) of a [carrier](/usc/45/151.md)’s [employees](/usc/45/151.md) may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States, all necessary proceedings for the enforcement of the provisions of this section, and for the punishment of all violations thereof and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States: Provided, That nothing in this chapter shall be construed to require an individual [employee](/usc/45/151.md) to render labor or service without his consent, nor shall anything in this chapter be construed to make the quitting of his labor by an individual [employee](/usc/45/151.md) an illegal act; nor shall any court issue any process to compel the performance by an individual [employee](/usc/45/151.md) of such labor or service, without his consent.

Eleventh. Union security agreements; check-off

Notwithstanding any other provisions of this chapter, or of any other statute or law of the United States, or Territory thereof, or of any State, any [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) as defined in this chapter and a labor organization or labor organizations duly designated and authorized to represent [employees](/usc/45/151.md) in accordance with the requirements of this chapter shall be permitted—

(a) to make agreements, requiring, as a condition of continued [employment](/usc/45/231b.md?p=a-1), that within sixty days following the beginning of such [employment](/usc/45/231b.md?p=a-1), or the effective date of such agreements, whichever is the later, all [employees](/usc/45/151.md) shall become members of the labor organization representing their craft or class: Provided, That no such agreement shall require such condition of [employment](/usc/45/231b.md?p=a-1) with respect to [employees](/usc/45/151.md) to whom membership is not available upon the same terms and conditions as are generally applicable to any other member or with respect to [employees](/usc/45/151.md) to whom membership was denied or terminated for any reason other than the failure of the [employee](/usc/45/151.md) to tender the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership.

(b) to make agreements providing for the deduction by such [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) from the wages of its or their [employees](/usc/45/151.md) in a craft or class and payment to the labor organization representing the craft or class of such [employees](/usc/45/151.md), of any periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership: Provided, That no such agreement shall be effective with respect to any individual [employee](/usc/45/151.md) until he shall have furnished the employer with a written assignment to the labor organization of such membership dues, initiation fees, and assessments, which shall be revocable in writing after the expiration of one year or upon the termination date of the applicable collective agreement, whichever occurs sooner.

(c) The requirement of membership in a labor organization in an agreement made pursuant to subparagraph (a) of this paragraph shall be satisfied, as to both a present or future [employee](/usc/45/151.md) in engine, train, yard, or hostling service, that is, an [employee](/usc/45/151.md) engaged in any of the services or capacities covered in the First division of paragraph (h) of [section 153 of this title](/usc/45/153.md) defining the jurisdictional scope of the First Division of the National Railroad [Adjustment Board](/usc/45/151.md), if said [employee](/usc/45/151.md) shall hold or acquire membership in any one of the labor organizations, national in scope, organized in accordance with this chapter and admitting to membership [employees](/usc/45/151.md) of a craft or class in any of said services; and no agreement made pursuant to subparagraph (b) of this paragraph shall provide for deductions from his wages for periodic dues, initiation fees, or assessments payable to any labor organization other than that in which he holds membership: Provided, however, That as to an [employee](/usc/45/151.md) in any of said services on a particular [carrier](/usc/45/151.md) at the effective date of any such agreement on a [carrier](/usc/45/151.md), who is not a member of any one of the labor organizations, national in scope, organized in accordance with this chapter and admitting to membership [employees](/usc/45/151.md) of a craft or class in any of said services, such [employee](/usc/45/151.md), as a condition of continuing his [employment](/usc/45/231b.md?p=a-1), may be required to become a member of the organization representing the craft in which he is employed on the effective date of the first agreement applicable to him: Provided, further, That nothing herein or in any such agreement or agreements shall prevent an [employee](/usc/45/151.md) from changing membership from one organization to another organization admitting to membership [employees](/usc/45/151.md) of a craft or class in any of said services.

(d) Any provisions in paragraphs Fourth and Fifth of this section in conflict herewith are to the extent of such conflict amended.

Twelfth. Showing of interest for representation elections

The [Mediation Board](/usc/45/151.md), upon receipt of an application requesting that an organization or individual be certified as the [representative](/usc/45/151.md) of any craft or class of [employees](/usc/45/151.md), shall not direct an election or use any other method to determine who shall be the [representative](/usc/45/151.md) of such craft or class unless the [Mediation Board](/usc/45/151.md) determines that the application is supported by a showing of interest from not less than 50 percent of the [employees](/usc/45/151.md) in the craft or class.


# §153. National Railroad Adjustment Board


First. Establishment; composition; powers and duties; divisions; hearings and awards; judicial review

There is established a Board, to be known as the “National Railroad [Adjustment Board](/usc/45/151.md)”, the members of which shall be selected within thirty days after June 21, 1934, and it is provided—

(a) That the said [Adjustment Board](/usc/45/151.md) shall consist of thirty-four members, seventeen of whom shall be selected by the [carriers](/usc/45/151.md) and seventeen by such labor organizations of the [employees](/usc/45/151.md), national in scope, as have been or may be organized in accordance with the provisions of sections [151a](/usc/45/151a.md) and [152](/usc/45/152.md) of this title.

(b) The [carriers](/usc/45/151.md), acting each through its board of directors or its receiver or receivers, trustee or trustees, or through an officer or officers designated for that purpose by such board, trustee or trustees, or receiver or receivers, shall prescribe the rules under which its [representatives](/usc/45/151.md) shall be selected and shall select the [representatives](/usc/45/151.md) of the [carriers](/usc/45/151.md) on the [Adjustment Board](/usc/45/151.md) and designate the division on which each such [representative](/usc/45/151.md) shall serve, but no [carrier](/usc/45/151.md) or system of [carriers](/usc/45/151.md) shall have more than one voting [representative](/usc/45/151.md) on any division of the Board.

(c) Except as provided in the second paragraph of subsection (h) of this section, the national labor organizations, as defined in paragraph (a) of this section, acting each through the chief executive or other medium designated by the organization or [association](/usc/45/702.md?p=1) thereof, shall prescribe the rules under which the labor members of the [Adjustment Board](/usc/45/151.md) shall be selected and shall select such members and designate the division on which each member shall serve; but no labor organization shall have more than one voting [representative](/usc/45/151.md) on any division of the Board.

(d) In case of a permanent or temporary vacancy on the [Adjustment Board](/usc/45/151.md), the vacancy shall be filled by selection in the same manner as in the original selection.

(e) If either the [carriers](/usc/45/151.md) or the labor organizations of the [employees](/usc/45/151.md) fail to select and designate [representatives](/usc/45/151.md) to the [Adjustment Board](/usc/45/151.md), as provided in paragraphs (b) and (c) of this section, respectively, within sixty days after June 21, 1934, in case of any original appointment to office of a member of the [Adjustment Board](/usc/45/151.md), or in case of a vacancy in any such office within thirty days after such vacancy occurs, the [Mediation Board](/usc/45/151.md) shall thereupon directly make the appointment and shall select an individual associated in interest with the [carriers](/usc/45/151.md) or the group of labor organizations of [employees](/usc/45/151.md), whichever he is to represent.

(f) In the event a dispute arises as to the right of any national labor organization to participate as per paragraph (c) of this section in the selection and designation of the labor members of the [Adjustment Board](/usc/45/151.md), the Secretary of Labor shall investigate the claim of such labor organization to participate, and if such claim in the judgment of the Secretary of Labor has merit, the Secretary shall notify the [Mediation Board](/usc/45/151.md) accordingly, and within ten days after receipt of such advice the [Mediation Board](/usc/45/151.md) shall request those national labor organizations duly qualified as per paragraph (c) of this section to participate in the selection and designation of the labor members of the [Adjustment Board](/usc/45/151.md) to select a [representative](/usc/45/151.md). Such [representative](/usc/45/151.md), together with a [representative](/usc/45/151.md) likewise designated by the claimant, and a third or neutral party designated by the [Mediation Board](/usc/45/151.md), constituting a board of three, shall within thirty days after the appointment of the neutral member, investigate the claims of the labor organization desiring participation and decide whether or not it was organized in accordance with sections [151a](/usc/45/151a.md) and [152](/usc/45/152.md) of this title and is otherwise properly qualified to participate in the selection of the labor members of the [Adjustment Board](/usc/45/151.md), and the findings of such boards of three shall be final and binding.

(g) Each member of the [Adjustment Board](/usc/45/151.md) shall be compensated by the party or parties he is to represent. Each third or neutral party selected under the provisions of paragraph (f) of this section shall receive from the [Mediation Board](/usc/45/151.md) such [compensation](/usc/45/231.md?p=h-1) as the [Mediation Board](/usc/45/151.md) may fix, together with his necessary traveling expenses and expenses actually incurred for subsistence, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while serving as such third or neutral party.

(h) The said [Adjustment Board](/usc/45/151.md) shall be composed of four divisions, whose proceedings shall be independent of one another, and the said divisions as well as the number of their members shall be as follows:

First division: To have jurisdiction over disputes involving train- and yard-service [employees](/usc/45/151.md) of [carriers](/usc/45/151.md); that is, engineers, firemen, hostlers, and outside hostler helpers, conductors, trainmen, and yard-service [employees](/usc/45/151.md). This division shall consist of eight members, four of whom shall be selected and designated by the [carriers](/usc/45/151.md) and four of whom shall be selected and designated by the labor organizations, national in scope and organized in accordance with sections [151a](/usc/45/151a.md) and [152](/usc/45/152.md) of this title and which represent [employees](/usc/45/151.md) in engine, train, yard, or hostling service: Provided, however, That each labor organization shall select and designate two members on the First Division and that no labor organization shall have more than one vote in any proceedings of the First Division or in the adoption of any award with respect to any dispute submitted to the First Division: Provided further, however, That the [carrier](/usc/45/151.md) members of the First Division shall cast no more than two votes in any proceedings of the division or in the adoption of any award with respect to any dispute submitted to the First Division.

Second division: To have jurisdiction over disputes involving machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, carmen, the helpers and apprentices of all the foregoing, coach cleaners, power-house [employees](/usc/45/151.md), and railroad-shop laborers. This division shall consist of ten members, five of whom shall be selected by the [carriers](/usc/45/151.md) and five by the national labor organizations of the [employees](/usc/45/151.md).

Third division: To have jurisdiction over disputes involving station, tower, and telegraph [employees](/usc/45/151.md), train dispatchers, maintenance-of-way men, clerical [employees](/usc/45/151.md), freight handlers, express, station, and store [employees](/usc/45/151.md), signal men, sleeping-car conductors, sleeping-car porters, and maids and dining-car [employees](/usc/45/151.md). This division shall consist of ten members, five of whom shall be selected by the [carriers](/usc/45/151.md) and five by the national labor organizations of [employees](/usc/45/151.md).

Fourth division: To have jurisdiction over disputes involving [employees](/usc/45/151.md) of [carriers](/usc/45/151.md) directly or indirectly engaged in transportation of passengers or property by water, and all other [employees](/usc/45/151.md) of [carriers](/usc/45/151.md) over which jurisdiction is not given to the first, second, and third divisions. This division shall consist of six members, three of whom shall be selected by the [carriers](/usc/45/151.md) and three by the national labor organizations of the [employees](/usc/45/151.md).

(i) The disputes between an [employee](/usc/45/151.md) or group of [employees](/usc/45/151.md) and a [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on June 21, 1934, shall be handled in the usual manner up to and including the chief operating officer of the [carrier](/usc/45/151.md) designated to handle such disputes; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by either party to the appropriate division of the [Adjustment Board](/usc/45/151.md) with a full statement of the facts and all supporting data bearing upon the disputes.

(j) Parties may be heard either in person, by counsel, or by other [representatives](/usc/45/151.md), as they may respectively elect, and the several divisions of the [Adjustment Board](/usc/45/151.md) shall give due notice of all hearings to the [employee](/usc/45/151.md) or [employees](/usc/45/151.md) and the [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) involved in any disputes submitted to them.

(k) Any division of the [Adjustment Board](/usc/45/151.md) shall have authority to empower two or more of its members to conduct hearings and make findings upon disputes, when properly submitted, at any place designated by the division: Provided, however, That except as provided in paragraph (h) of this section, final awards as to any such dispute must be made by the entire division as hereinafter provided.

(l) Upon failure of any division to agree upon an award because of a deadlock or inability to secure a majority vote of the division members, as provided in paragraph (n) of this section, then such division shall forthwith agree upon and select a neutral person, to be known as “referee”, to sit with the division as a member thereof, and make an award. Should the division fail to agree upon and select a referee within ten days of the date of the deadlock or inability to secure a majority vote, then the division, or any member thereof, or the parties or either party to the dispute may certify that fact to the [Mediation Board](/usc/45/151.md), which Board shall, within ten days from the date of receiving such certificate, select and name the referee to sit with the division as a member thereof and make an award. The [Mediation Board](/usc/45/151.md) shall be bound by the same provisions in the appointment of these neutral referees as are provided elsewhere in this chapter for the appointment of arbitrators and shall fix and pay the [compensation](/usc/45/231.md?p=h-1) of such referees.

(m) The awards of the several divisions of the [Adjustment Board](/usc/45/151.md) shall be stated in writing. A copy of the awards shall be furnished to the respective parties to the controversy, and the awards shall be final and binding upon both parties to the dispute. In case a dispute arises involving an interpretation of the award, the division of the board upon request of either party shall interpret the award in the light of the dispute.

(n) A majority vote of all members of the division of the [Adjustment Board](/usc/45/151.md) eligible to vote shall be competent to make an award with respect to any dispute submitted to it.

(o) In case of an award by any division of the [Adjustment Board](/usc/45/151.md) in favor of petitioner, the division of the Board shall make an order, directed to the [carrier](/usc/45/151.md), to make the award effective and, if the award includes a requirement for the payment of money, to pay to the [employee](/usc/45/151.md) the sum to which he is entitled under the award on or before a day named. In the event any division determines that an award favorable to the petitioner should not be made in any dispute referred to it, the division shall make an order to the petitioner stating such determination.

(p) If a [carrier](/usc/45/151.md) does not comply with an order of a division of the [Adjustment Board](/usc/45/151.md) within the time limit in such order, the petitioner, or any person for whose benefit such order was made, may file in the [District Court](/usc/45/151.md) of the United States for the district in which he resides or in which is located the principal operating office of the [carrier](/usc/45/151.md), or through which the [carrier](/usc/45/151.md) operates, a petition setting forth briefly the causes for which he claims relief, and the order of the division of the [Adjustment Board](/usc/45/151.md) in the premises. Such suit in the [District Court](/usc/45/151.md) of the United States shall proceed in all respects as other civil suits, except that on the trial of such suit the findings and order of the division of the [Adjustment Board](/usc/45/151.md) shall be conclusive on the parties, and except that the petitioner shall not be liable for costs in the [district court](/usc/45/151.md) nor for costs at any subsequent stage of the proceedings, unless they accrue upon his appeal, and such costs shall be paid out of the appropriation for the expenses of the courts of the United States. If the petitioner shall finally prevail he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. The [district courts](/usc/45/151.md) are empowered, under the rules of the court governing actions at law, to make such order and enter such judgment, by writ of mandamus or otherwise, as may be appropriate to enforce or set aside the order of the division of the [Adjustment Board](/usc/45/151.md): Provided, however, That such order may not be set aside except for failure of the division to comply with the requirements of this chapter, for failure of the order to conform, or confine itself, to matters within the scope of the division’s jurisdiction, or for fraud or corruption by a member of the division making the order.

(q) If any [employee](/usc/45/151.md) or group of [employees](/usc/45/151.md), or any [carrier](/usc/45/151.md), is aggrieved by the failure of any division of the [Adjustment Board](/usc/45/151.md) to make an award in a dispute referred to it, or is aggrieved by any of the terms of an award or by the failure of the division to include certain terms in such award, then such [employee](/usc/45/151.md) or group of [employees](/usc/45/151.md) or [carrier](/usc/45/151.md) may file in any United States [district court](/usc/45/151.md) in which a petition under paragraph (p) could be filed, a petition for review of the division’s order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the [Adjustment Board](/usc/45/151.md). The [Adjustment Board](/usc/45/151.md) shall file in the court the record of the proceedings on which it based its action. The court shall have jurisdiction to affirm the order of the division, or to set it aside, in whole or in part, or it may remand the proceedings to the division for such further action as it may direct. On such review, the findings and order of the division shall be conclusive on the parties, except that the order of the division may be set aside, in whole or in part, or remanded to the division, for failure of the division to comply with the requirements of this chapter, for failure of the order to conform, or confine itself, to matters within the scope of the division’s jurisdiction, or for fraud or corruption by a member of the division making the order. The judgment of the court shall be subject to review as provided in sections [1291](/usc/28/1291.md) and [1254](/usc/28/1254.md) of title 28.

(r) All actions at law based upon the provisions of this section shall be begun within two years from the time the cause of action accrues under the award of the division of the [Adjustment Board](/usc/45/151.md), and not after.

(s) The several divisions of the [Adjustment Board](/usc/45/151.md) shall maintain headquarters in Chicago, Illinois, meet regularly, and continue in session so long as there is pending before the division any matter within its jurisdiction which has been submitted for its consideration and which has not been disposed of.

(t) Whenever practicable, the several divisions or subdivisions of the [Adjustment Board](/usc/45/151.md) shall be supplied with suitable quarters in any Federal building located at its place of meeting.

(u) The [Adjustment Board](/usc/45/151.md) may, subject to the approval of the [Mediation Board](/usc/45/151.md), employ and fix the [compensations](/usc/45/231.md?p=h-1) of such assistants as it deems necessary in carrying on its proceedings. The [compensation](/usc/45/231.md?p=h-1) of such [employees](/usc/45/151.md) shall be paid by the [Mediation Board](/usc/45/151.md).

(v) The [Adjustment Board](/usc/45/151.md) shall meet within forty days after June 21, 1934, and adopt such rules as it deems necessary to control proceedings before the respective divisions and not in conflict with the provisions of this section. Immediately following the meeting of the entire Board and the adoption of such rules, the respective divisions shall meet and organize by the selection of a chairman, a vice chairman, and a secretary. Thereafter each division shall annually designate one of its members to act as chairman and one of its members to act as vice chairman: Provided, however, That the chairmanship and vice-chairmanship of any division shall alternate as between the groups, so that both the chairmanship and vice-chairmanship shall be held alternately by a [representative](/usc/45/151.md) of the [carriers](/usc/45/151.md) and a [representative](/usc/45/151.md) of the [employees](/usc/45/151.md). In case of a vacancy, such vacancy shall be filled for the unexpired term by the selection of a successor from the same group.

(w) Each division of the [Adjustment Board](/usc/45/151.md) shall annually prepare and submit a report of its activities to the [Mediation Board](/usc/45/151.md), and the substance of such report shall be included in the annual report of the [Mediation Board](/usc/45/151.md) to the Congress of the United States. The reports of each division of the [Adjustment Board](/usc/45/151.md) and the annual report of the [Mediation Board](/usc/45/151.md) shall state in detail all cases heard, all actions taken, the names, salaries, and duties of all agencies, [employees](/usc/45/151.md), and officers receiving [compensation](/usc/45/231.md?p=h-1) from the United States under the authority of this chapter, and an [account](/usc/45/351.md?p=p) of all moneys appropriated by Congress pursuant to the authority conferred by this chapter and disbursed by such agencies, [employees](/usc/45/151.md), and officers.

(x) Any division of the [Adjustment Board](/usc/45/151.md) shall have authority, in its discretion, to establish regional [adjustment boards](/usc/45/151.md) to act in its place and stead for such limited period as such division may determine to be necessary. [Carrier](/usc/45/151.md) members of such regional boards shall be designated in keeping with rules devised for this purpose by the [carrier](/usc/45/151.md) members of the [Adjustment Board](/usc/45/151.md) and the labor members shall be designated in keeping with rules devised for this purpose by the labor members of the [Adjustment Board](/usc/45/151.md). Any such regional board shall, during the time for which it is appointed, have the same authority to conduct hearings, make findings upon disputes and adopt the same procedure as the division of the [Adjustment Board](/usc/45/151.md) appointing it, and its decisions shall be enforceable to the same extent and under the same processes. A neutral person, as referee, shall be appointed for service in connection with any such regional [adjustment board](/usc/45/151.md) in the same circumstances and manner as provided in paragraph (l) hereof, with respect to a division of the [Adjustment Board](/usc/45/151.md).

Second. System, group, or regional boards: establishment by voluntary agreement; special [adjustment boards](/usc/45/151.md): establishment, composition, designation of [representatives](/usc/45/151.md) by [Mediation Board](/usc/45/151.md), neutral member, [compensation](/usc/45/231.md?p=h-1), quorum, finality and enforcement of awards

Nothing in this section shall be construed to prevent any individual [carrier](/usc/45/151.md), system, or group of [carriers](/usc/45/151.md) and any class or classes of its or their [employees](/usc/45/151.md), all acting through their [representatives](/usc/45/151.md), selected in accordance with the provisions of this chapter, from mutually agreeing to the establishment of system, group, or regional boards of adjustment for the purpose of adjusting and deciding disputes of the character specified in this section. In the event that either party to such a system, group, or regional board of adjustment is dissatisfied with such arrangement, it may upon ninety days’ notice to the other party elect to come under the jurisdiction of the [Adjustment Board](/usc/45/151.md).

If written request is made upon any individual [carrier](/usc/45/151.md) by the [representative](/usc/45/151.md) of any craft or class of [employees](/usc/45/151.md) of such [carrier](/usc/45/151.md) for the establishment of a special board of adjustment to resolve disputes otherwise referable to the [Adjustment Board](/usc/45/151.md), or any dispute which has been pending before the [Adjustment Board](/usc/45/151.md) for twelve months from the date the dispute (claim) is received by the Board, or if any [carrier](/usc/45/151.md) makes such a request upon any such [representative](/usc/45/151.md), the [carrier](/usc/45/151.md) or the [representative](/usc/45/151.md) upon whom such request is made shall join in an agreement establishing such a board within thirty days from the date such request is made. The cases which may be considered by such board shall be defined in the agreement establishing it. Such board shall consist of one person designated by the [carrier](/usc/45/151.md) and one person designated by the [representative](/usc/45/151.md) of the [employees](/usc/45/151.md). If such [carrier](/usc/45/151.md) or such [representative](/usc/45/151.md) fails to agree upon the establishment of such a board as provided herein, or to exercise its rights to designate a member of the board, the [carrier](/usc/45/151.md) or [representative](/usc/45/151.md) making the request for the establishment of the special board may request the [Mediation Board](/usc/45/151.md) to designate a member of the special board on behalf of the [carrier](/usc/45/151.md) or [representative](/usc/45/151.md) upon whom such request was made. Upon receipt of a request for such designation the [Mediation Board](/usc/45/151.md) shall promptly make such designation and shall select an individual associated in interest with the [carrier](/usc/45/151.md) or [representative](/usc/45/151.md) he is to represent, who, with the member appointed by the [carrier](/usc/45/151.md) or [representative](/usc/45/151.md) requesting the establishment of the special board, shall constitute the board. Each member of the board shall be compensated by the party he is to represent. The members of the board so designated shall determine all matters not previously agreed upon by the [carrier](/usc/45/151.md) and the [representative](/usc/45/151.md) of the [employees](/usc/45/151.md) with respect to the establishment and jurisdiction of the board. If they are unable to agree such matters shall be determined by a neutral member of the board selected or appointed and compensated in the same manner as is hereinafter provided with respect to situations where the members of the board are unable to agree upon an award. Such neutral member shall cease to be a member of the board when he has determined such matters. If with respect to any dispute or group of disputes the members of the board designated by the [carrier](/usc/45/151.md) and the [representative](/usc/45/151.md) are unable to agree upon an award disposing of the dispute or group of disputes they shall by mutual agreement select a neutral person to be a member of the board for the consideration and disposition of such dispute or group of disputes. In the event the members of the board designated by the parties are unable, within ten days after their failure to agree upon an award, to agree upon the selection of such neutral person, either member of the board may request the [Mediation Board](/usc/45/151.md) to appoint such neutral person and upon receipt of such request the [Mediation Board](/usc/45/151.md) shall promptly make such appointment. The neutral person so selected or appointed shall be compensated and reimbursed for expenses by the [Mediation Board](/usc/45/151.md). Any two members of the board shall be competent to render an award. Such awards shall be final and binding upon both parties to the dispute and if in favor of the petitioner, shall direct the other party to comply therewith on or before the day named. Compliance with such awards shall be enforcible by proceedings in the United States [district courts](/usc/45/151.md) in the same manner and subject to the same provisions that apply to proceedings for enforcement of compliance with awards of the [Adjustment Board](/usc/45/151.md).


# §154. National Mediation Board


First. Board of Mediation abolished; National [Mediation Board](/usc/45/151.md) established; composition; term of office; qualifications; salaries; removal

The Board of Mediation is abolished, effective thirty days from June 21, 1934, and the members, secretary, officers, assistants, [employees](/usc/45/151.md), and agents thereof, in office upon June 21, 1934, shall continue to function and receive their salaries for a period of thirty days from such date in the same manner as though this chapter had not been passed. There is established, as an independent agency in the executive branch of the Government, a board to be known as the “National [Mediation Board](/usc/45/151.md)”, to be composed of three members appointed by the President, by and with the advice and consent of the Senate, not more than two of whom shall be of the same political party. Each member of the [Mediation Board](/usc/45/151.md) 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. The terms of office of all successors shall expire three years after the expiration of the terms for which their predecessors were appointed; but any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. Vacancies in the Board shall not impair the powers nor affect the duties of the Board nor of the remaining members of the Board. Two of the members in office shall constitute a quorum for the transaction of the business of the Board. Each member of the Board shall receive necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while away from the principal office of the Board on business required by this chapter. No person in the [employment](/usc/45/231b.md?p=a-1) of or who is pecuniarily or otherwise interested in any organization of [employees](/usc/45/151.md) or any [carrier](/usc/45/151.md) shall enter upon the duties of or continue to be a member of the Board. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified.

All cases referred to the Board of Mediation and unsettled on June 21, 1934, shall be handled to conclusion by the [Mediation Board](/usc/45/151.md).

A member of the Board may be removed by the President for inefficiency, neglect of duty, malfeasance in office, or ineligibility, but for no other cause.

Second. Chairman; principal office; delegation of powers; oaths; seal; report

The [Mediation Board](/usc/45/151.md) shall annually designate a member to act as chairman. The Board shall maintain its principal office in the District of Columbia, but it may meet at any other place whenever it deems it necessary so to do. The Board may designate one or more of its members to exercise the functions of the Board in mediation proceedings. Each member of the Board shall have power to administer oaths and affirmations. The Board shall have a seal which shall be judicially noticed. The Board shall make an annual report to Congress.

Third. Appointment of experts and other [employees](/usc/45/151.md); salaries of [employees](/usc/45/151.md); expenditures

The [Mediation Board](/usc/45/151.md) may (1) subject to the provisions of the civil service laws, appoint such experts and assistants to act in a confidential capacity and such other officers and [employees](/usc/45/151.md) as are essential to the effective transaction of the work of the Board; (2) in accordance with chapter 51 and subchapter III of [chapter 53](/usc/5/chptIII-sptD-ch53.md) of title 5, fix the salaries of such experts, assistants, officers, and [employees](/usc/45/151.md); and (3) make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for law books, periodicals, and books of reference, and for printing and binding, and including expenditures for salaries and [compensation](/usc/45/231.md?p=h-1), necessary traveling expenses and expenses actually incurred for subsistence, and other necessary expenses of the [Mediation Board](/usc/45/151.md), [Adjustment Board](/usc/45/151.md), Regional [Adjustment Boards](/usc/45/151.md) established under paragraph (w) of [section 153 of this title](/usc/45/153.md), and boards of arbitration, in accordance with the provisions of this section and sections [153](/usc/45/153.md) and [157](/usc/45/157.md) of this title, respectively), as may be necessary for the execution of the functions vested in the Board, in the [Adjustment Board](/usc/45/151.md) and in the boards of arbitration, and as may be provided for by the Congress from time to time. All expenditures of the Board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman.

Fourth. Delegation of powers and duties

The [Mediation Board](/usc/45/151.md) is authorized by its order to assign, or refer, any portion of its work, business, or functions arising under this chapter or any other Act of Congress, or referred to it by Congress or either branch thereof, to an individual member of the Board or to an [employee](/usc/45/151.md) or [employees](/usc/45/151.md) of the Board to be designated by such order for action thereon, and by its order at any time to amend, modify, supplement, or rescind any such assignment or reference. All such orders shall take effect forthwith and remain in effect until otherwise ordered by the Board. In conformity with and subject to the order or orders of the [Mediation Board](/usc/45/151.md) in the premises, [and] such individual member of the Board or [employee](/usc/45/151.md) designated shall have power and authority to act as to any of said work, business, or functions so assigned or referred to him for action by the Board.

Fifth. Transfer of officers and [employees](/usc/45/151.md) of Board of Mediation; transfer of appropriation

All officers and [employees](/usc/45/151.md) of the Board of Mediation (except the members thereof, whose offices are abolished) whose services in the judgment of the [Mediation Board](/usc/45/151.md) are necessary to the efficient operation of the Board are transferred to the Board, without change in classification or [compensation](/usc/45/231.md?p=h-1); except that the Board may provide for the adjustment of such classification or [compensation](/usc/45/231.md?p=h-1) to conform to the duties to which such officers and [employees](/usc/45/151.md) may be assigned.

All unexpended appropriations for the operation of the Board of Mediation that are available at the time of the abolition of the Board of Mediation shall be transferred to the [Mediation Board](/usc/45/151.md) and shall be available for its use for salaries and other authorized expenditures.


# §155. Functions of Mediation Board


First. Disputes within jurisdiction of [Mediation Board](/usc/45/151.md)

The parties, or either party, to a dispute between an [employee](/usc/45/151.md) or group of [employees](/usc/45/151.md) and a [carrier](/usc/45/151.md) may invoke the services of the [Mediation Board](/usc/45/151.md) in 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 the National Railroad [Adjustment Board](/usc/45/151.md) and not adjusted in conference between the parties or where conferences are refused.

The [Mediation Board](/usc/45/151.md) may proffer its services in case any labor emergency is found by it to exist at any time.

In either event the said Board shall promptly put itself in communication with the parties to such controversy, and shall use its best efforts, by mediation, to bring them to agreement. If such efforts to bring about an amicable settlement through mediation shall be unsuccessful, the said Board shall at once endeavor as its final required action (except as provided in paragraph third of this section and in [section 160 of this title](/usc/45/160.md)) to induce the parties to submit their controversy to arbitration, in accordance with the provisions of this chapter.

If arbitration at the request of the Board shall be refused by one or both parties, the Board shall at once notify both parties in writing that its mediatory efforts have failed and for thirty days thereafter, unless in the intervening period the parties agree to arbitration, or an emergency board shall be created under [section 160 of this title](/usc/45/160.md), no change shall be made in the rates of pay, rules, or working conditions or established practices in effect prior to the time the dispute arose.

Second. Interpretation of agreement

In any case in which a controversy arises over the meaning or the application of any agreement reached through mediation under the provisions of this chapter, either party to the said agreement, or both, may apply to the [Mediation Board](/usc/45/151.md) for an interpretation of the meaning or application of such agreement. The said Board shall upon receipt of such request notify the parties to the controversy, and after a hearing of both sides give its interpretation within thirty days.

Third. Duties of Board with respect to arbitration of disputes; arbitrators; acknowledgment of agreement; notice to arbitrators; reconvening of arbitrators; filing contracts with Board; custody of records and documents

The [Mediation Board](/usc/45/151.md) shall have the following duties with respect to the arbitration of disputes under [section 157 of this title](/usc/45/157.md):

(a) On failure of the arbitrators named by the parties to agree on the remaining arbitrator or arbitrators within the time set by [section 157 of this title](/usc/45/157.md), it shall be the duty of the [Mediation Board](/usc/45/151.md) to name such remaining arbitrator or arbitrators. It shall be the duty of the Board in naming such arbitrator or arbitrators to appoint only those whom the Board shall deem wholly disinterested in the controversy to be arbitrated and impartial and without bias as between the parties to such arbitration. Should, however, the Board name an arbitrator or arbitrators not so disinterested and impartial, then, upon proper investigation and presentation of the facts, the Board shall promptly remove such arbitrator.

If an arbitrator named by the [Mediation Board](/usc/45/151.md), in accordance with the provisions of this chapter, shall be removed by such Board as provided by this chapter, or if such an arbitrator refuses or is unable to serve, it shall be the duty of the [Mediation Board](/usc/45/151.md), promptly, to select another arbitrator, in the same manner as provided in this chapter for an original appointment by the [Mediation Board](/usc/45/151.md).

(b) Any member of the [Mediation Board](/usc/45/151.md) is authorized to take the acknowledgement of an agreement to arbitrate under this chapter. When so acknowledged, or when acknowledged by the parties before a notary public or the clerk of a [district court](/usc/45/151.md) or a [court of appeals](/usc/45/151.md) of the United States, such agreement to arbitrate shall be delivered to a member of said Board or transmitted to said Board, to be filed in its office.

(c) When an agreement to arbitrate has been filed with the [Mediation Board](/usc/45/151.md), or with one of its members, as provided by this section, and when the said Board has been furnished the names of the arbitrators chosen by the parties to the controversy it shall be the duty of the Board to cause a notice in writing to be served upon said arbitrators, notifying them of their appointment, requesting them to meet promptly to name the remaining arbitrator or arbitrators necessary to complete the Board of Arbitration, and advising them of the period within which, as provided by the agreement to arbitrate, they are empowered to name such arbitrator or arbitrators.

(d) Either party to an arbitration desiring the reconvening of a board of arbitration to pass upon any controversy arising over the meaning or application of an award may so notify the [Mediation Board](/usc/45/151.md) in writing, stating in such notice the question or questions to be submitted to such reconvened Board. The [Mediation Board](/usc/45/151.md) shall thereupon promptly communicate with the members of the Board of Arbitration, or a subcommittee of such Board appointed for such purpose pursuant to a provision in the agreement to arbitrate, and arrange for the reconvening of said Board of Arbitration or subcommittee, and shall notify the respective parties to the controversy of the time and place at which the Board, or the subcommittee, will meet for hearings upon the matters in controversy to be submitted to it. No evidence other than that contained in the record filed with the original award shall be received or considered by such reconvened Board or subcommittee, except such evidence as may be necessary to illustrate the interpretations suggested by the parties. If any member of the original Board is unable or unwilling to serve on such reconvened Board or subcommittee thereof, another arbitrator shall be named in the same manner and with the same powers and duties as such original arbitrator.

(e) Within sixty days after June 21, 1934, every [carrier](/usc/45/151.md) shall file with the [Mediation Board](/usc/45/151.md) a copy of each contract with its [employees](/usc/45/151.md) in effect on the 1st day of April 1934, covering rates of pay, rules, and working conditions. If no contract with any craft or class of its [employees](/usc/45/151.md) has been entered into, the [carrier](/usc/45/151.md) shall file with the [Mediation Board](/usc/45/151.md) a statement of that fact, including also a statement of the rates of pay, rules, and working conditions applicable in dealing with such craft or class. When any new contract is executed or change is made in an existing contract with any class or craft of its [employees](/usc/45/151.md) covering rates of pay, rules, or working conditions, or in those rates of pay, rules, and working conditions of [employees](/usc/45/151.md) not covered by contract, the [carrier](/usc/45/151.md) shall file the same with the [Mediation Board](/usc/45/151.md) within thirty days after such new contract or change in existing contract has been executed or rates of pay, rules, and working conditions have been made effective.

(f) The [Mediation Board](/usc/45/151.md) shall be the custodian of all papers and documents heretofore filed with or transferred to the Board of Mediation bearing upon the settlement, adjustment, or determination of disputes between [carriers](/usc/45/151.md) and their [employees](/usc/45/151.md) or upon mediation or arbitration proceedings held under or pursuant to the provisions of any Act of Congress in respect thereto; and the President is authorized to designate a custodian of the records and property of the Board of Mediation until the transfer and delivery of such records to the [Mediation Board](/usc/45/151.md) and to require the transfer and delivery to the [Mediation Board](/usc/45/151.md) of any and all such papers and documents filed with it or in its possession.


# §156. Procedure in changing rates of pay, rules, and working conditions


[Carriers](/usc/45/151.md) and [representatives](/usc/45/151.md) of the [employees](/usc/45/151.md) shall give at least thirty days’ written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of conference between the [representatives](/usc/45/151.md) of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time shall be within the thirty days provided in the notice. In every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the services of the [Mediation Board](/usc/45/151.md) have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be altered by the [carrier](/usc/45/151.md) until the controversy has been finally acted upon, as required by [section 155 of this title](/usc/45/155.md), by the [Mediation Board](/usc/45/151.md), unless a period of ten days has elapsed after termination of conferences without request for or proffer of the services of the [Mediation Board](/usc/45/151.md).