45 U.S.C. § 154 — National Mediation Board

submitted 100 years ago by ch. 347 to r/title-45-RAILROADS · 1,049 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress replaced the old Board of Mediation with a new National Mediation Board of three members. The President appoints them with Senate approval, and no more than two can be from the same political party. The Board picks its own chairman, hires staff, and pays its own expenses.

First. Board of Mediation abolished; National Mediation Board established. The old Board of Mediation ended 30 days after June 21, 1934. Its old members, secretary, officers, and staff kept working and getting paid for those 30 days as if this law had not passed. In its place, Congress created a new independent agency: the National Mediation Board. It has three members, appointed by the President and confirmed by the Senate. No more than two can belong to the same political party. Each member serving on January 1, 1965 was treated as appointed for a term ending July 1 of the year their term would have otherwise ended. After that, each new member's term lasts three years past when their predecessor's term was supposed to end; someone filling a vacancy early only serves the rest of that unfinished term. A vacancy does not reduce the Board's powers or the other members' duties. Two members are enough to conduct business, a quorum. Each member gets paid necessary travel and living expenses while away from the Board's main office on Board business. No one who works for, or has a financial or other interest in, a labor organization or a carrier, like a railroad or similar company, can join or stay on the Board. A member who finishes their term keeps serving until a successor is appointed and qualified. Any pending mediation cases from the old Board of Mediation, not yet finished by June 21, 1934, get finished by the new Mediation Board. The President can remove a Board member, but only for inefficiency, neglect of duty, misconduct in office, or not being eligible, no other reason. Second. Chairman; principal office; delegation of powers; oaths; seal; report. The Board picks one of its own members each year to be chairman. Its main office is in Washington, D.C., but it can meet anywhere else it needs to. The Board can assign one or more of its members to handle mediation cases. Every member can administer oaths. The Board has an official seal that courts must recognize automatically. The Board must send Congress an annual report. Third. Appointment of experts and other employees; salaries; expenditures. The Mediation Board can: (1) hire experts and confidential assistants, plus other staff needed to do its work, following civil-service rules; (2) set the pay for these people, following certain federal pay-classification laws; and (3) spend money, on rent, staff pay, books, printing, travel, and other necessary costs, for itself, the Adjustment Board, Regional Adjustment Boards created under section 153(w), and arbitration boards, as needed and as Congress provides. All Board spending must be approved by itemized vouchers signed by the chairman. Fourth. Delegation of powers and duties. The Mediation Board can, by its own order, hand off any part of its work or authority, arising under this law or any other act of Congress, to one Board member or to Board staff it names. The Board can change or cancel these assignments anytime. Such orders take effect right away and stay in effect until the Board changes them. Following the Board's orders, the member or employee assigned can act on that work just as the Board itself could. Fifth. Transfer of officers and employees; transfer of appropriation. All staff of the old Board of Mediation, except its members, whose jobs ended, whose work the new Mediation Board finds necessary get transferred to the new Board, keeping their same job classification and pay, though the Board can adjust classification or pay to fit their new duties. Any leftover money budgeted for the old Board of Mediation gets transferred to the new Mediation Board, to use for salaries and other approved spending.

the actual law source: uscode.house.gov ↗public domain

First. Board of Mediation abolished; National Mediation Board 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, 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”, 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 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 of or who is pecuniarily or otherwise interested in any organization of employees or any carrier 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.

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 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; salaries of employees; expenditures

The Mediation Board 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 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 of title 5, fix the salaries of such experts, assistants, officers, and employees; 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, necessary traveling expenses and expenses actually incurred for subsistence, and other necessary expenses of the Mediation Board, Adjustment Board, Regional Adjustment Boards established under paragraph (w) of section 153 of this title, and boards of arbitration, in accordance with the provisions of this section and sections 153 and 157 of this title, respectively), as may be necessary for the execution of the functions vested in the Board, in the Adjustment Board 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 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 or employees 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 in the premises, [and] such individual member of the Board or employee 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 of Board of Mediation; transfer of appropriation

All officers and employees of the Board of Mediation (except the members thereof, whose offices are abolished) whose services in the judgment of the Mediation Board are necessary to the efficient operation of the Board are transferred to the Board, without change in classification or compensation; except that the Board may provide for the adjustment of such classification or compensation to conform to the duties to which such officers and employees 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 and shall be available for its use for salaries and other authorized expenditures.

Source credit: (May 20, 1926, ch. 347, § 4, 44 Stat. 579; June 21, 1934, ch. 691, § 4, 48 Stat. 1193; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 88–542, Aug. 31, 1964, 78 Stat. 748.)

history & why it existsrecord from the source credit

1926Enacted · Act of May 20, 1926, ch. 347 · 44 Stat. 579
1934Amended · Act of June 21, 1934, ch. 691 · 48 Stat. 1193
1949Amended · Act of Oct. 28, 1949, ch. 782 · 63 Stat. 972
1964Amended · Pub. L. 88-542 · 78 Stat. 748

A history note hasn’t been published yet. The record shows enactment by ch. 347 on 1926-05-20.

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