tivities under section 5, First, of the Railway Labor Act, as amended, are hereby declared to be confidential. Officers and employees are hereby prohibited from making such confidential reports, information, or documents available to anyone other than a member, officer or employee of the Board, unless the Board authorizes the disclosure of such information or the production of such documents.

(2) Any officer or employee who is served with a subpoena requiring the production of any documents or records or the disclosure of any information designated in subparagraph (1) of this paragraph as confidential shall promptly advise the Board of the service of such subpoena, the nature of the documents or information sought, and all relevant facts and circumstances. The Board will thereupon enter such order or give such instructions as it shall deem advisable. If the officer or employee so served has not received instructions from the Board prior to the return date of the subpoena, he shall appear in court and respectfully decline to produce the documents or records or to disclose the information called for, basing his refusal upon this rule.

[26 F.R. 7581, Aug. 16, 1961]

PART 1203-APPLICATIONS FOR SERVICE

Sec.

1203.1 Mediation services.

1203.2 Investigation of representation disputes.

1203.3 Interpretation of mediation agreements.

AUTHORITY: §§ 1203.1 to 1203.3 issued under 44 Stat. 577, as amended; 45 U. S. C. 151-163.

SOURCE: $1203.1 to 1203.3 appear at 11 F.R. 177A-923, Sept. 11, 1946. Redesignated at 13 F.R. 8740, Dec. 30, 1948.

§ 1203.1 Mediation services.

Applications for the mediation services of the National Mediation Board under section 5, First, of the Railway Labor Act, may be made on printed forms N.M.B. 2, copies of which may be secured from the Board's Secretary. Such applications and all correspondence connected therewith should be submitted in duplicate. The application should show the exact nature of the dispute, the number of employees involved, name of the

22-049-64- 49

carrier and name of the labor organization, date of agreement between the parties, if any, date and copy of notice served by the invoking party to the other, and date of final conference between the parties. Application should be signed by the highest officer of the carrier who has been designated to handle disputes under the Railway Labor Act, or by the chief executive of the labor organization, whichever party files the application. These applications, after preliminary investigation in the Board's office, are given docket numbers in series "A" and the cases are assigned for mediation to Board members or to mediators on the Board's staff.

§ 1203.2 Investigation of representation disputes.

Applications for the services of the National Mediation Board under section 2, Ninth, of the Railway Labor Act to investigate representation disputes among carriers employees may be made on printed forms N.M.B. 3 copies of which may be secured from the Board's Secretary. Such applications and all correspondence connected therewith should be filled in duplicate and the applications should be accompanied by signed authorization cards from at least a majority of the employees composing the craft or class involved in the dispute. The applications should show specifically the name or description of the craft or class of employees involved, the name of the invoking organization, the name of the organization currently representing the employees, if any, the estimated number of employees in each craft or class involved, and the number of signed authorizations submitted from employees in each craft or class. The applications should be signed by the chief executive of the invoking organization, or other authorized officer of the organization. These disputes are given docket numbers in series "R".

§ 1203.3 Interpretation of mediation

agreements.

(a) Applications may be filed with the Board's Secretary under section 5, Second, of the Railway Labor Act, for the interpretation of agreements reached in mediation under section 5, First. Such applications may be made by letter from either party to the mediation agreement stating the specific question on which an interpretation is desired.

(b) This function of the National Mediation Board is not intended to conflict with the provisions of section 3 of the Railway Labor Act, providing for interpretation of agreements by the National Railroad Adjustment Board. Many complete working agreements are revised with the aid of the Board's mediating services, and it has been the Board's policy that disputes involving the interpretation or application of such agreements should be handled by the Adjustment Board. Under this section of the law, the Board when called upon may only consider and render an interpretation on the specific terms of an agreement actually signed in mediation, and not for matters incident or corollary thereto.

AUTHORITY: §§ 1205.1 to 1205.4 issued under 44 Stat. 577, as amended; 45 U. S. C. 151-163. SOURCE: §§ 1205.1 to 1205.4 appear at 11 F.R. 177A-924, Sept. 11, 1946, except as otherwise noted. Redesignated at 13 F.R. 8740, Dec. 30, 1948.

§ 1205.1 Handling of disputes.

Section 2, Eighth, of the Railway Labor Act provides that every carrier shall notify its employees by printed notices in such form and posted at such times and places as shall be specified by order of the Mediation Board and requires that all disputes between a carrier and its employees will be handled in accordance with the requirements of the act. In such notices there must be printed verbatim, in large type, the third, fourth, and fifth paragraphs of said section 2, Eighth, of the Railway Labor Act. § 1205.2 Employees' Bill of Rights.

The provisions of the third, fourth, and fifth paragraphs of section 2 are by law made a part of the contract of employment between the carrier and each employee and shall be binding upon the parties regardless of any other express or implied agreements between them. Under these provisions the employees are guaranteed the right to organize without interference of management, the right to determine who shall represent them, and the right to bargain collectively through such representatives. This section makes it unlawful for any carrier to require any person seeking employment to sign any contract promising to join or not to join a labor organization. Violation of the foregoing provisions is a misdemeanor under the law and subjects the offender to punishment. § 1205.3 General Order No. 1.

General Order No. 1, issued August 14, 1934, is the only order the Board has issued since its creation in 1934. This order sent to the President of each carrier coming under the act transmitted a sample copy of the Mediation Board's

Form MB-1 known as "Notice in re: Railway Labor Act." The order prescribes that such notices are to be standard as to contents, dimensions of sheet, and size of type and that they shall be posted promptly and maintained continuously in readable condition on all the usual and customary bulletin boards giving information to employees and at such other places as may be necessary to make them accessible to all employees. Such notices must not be hidden by other papers or otherwise obscured from view.

§ 1205.4 Substantive rules.

The only substantive rules issued by the National Mediation Board are those authorized under section 2, Ninth, of the Railway Labor Act to implement the procedure of determining employee representation.

[12 F.R. 2451, April 16, 1947]

PART 1206-HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT

Sec.

1206.1 Run-off elections. 1206.2

Percentage of valid authorizations required to determine existence of a representation dispute. 1206.3 Age of authorization cards. 1206.4 Time limit on applications. 1206.5

Necessary evidence of intervenor's interest in a representation dispute.

1206.6 Eligibility of dismissed employees to vote.

1206.7 1206.8

Construction of this part.

Amendment or rescission of rules in this part.

AUTHORITY: §§ 1206.1 to 1206.8 issued under 44 Stat. 577, as amended; 45 U. S. C. 151163.

SOURCE: §§ 1206.1 to 1206.8 appear at 12 F.R. 3083, May 10, 1947. Redesignated at 13 F.R. 8740, Dec. 30, 1948.

§ 1206.1 Run-off elections.

(a) If in an election among any craft or class no organization or individual receives a majority of the legal votes cast, or in the event of a tie vote, a second or run-off election shall be held forthwith: Provided, That a written request by an individual or organization entitled to appear on the run-off ballot is submitted to the Board within ten (10) days after the date of the report of results of the first election.

(b) In the event a run-off election is authorized by the Board, the names of

the two individuals or organizations which received the highest number of votes cast in the first election shall be placed on the run-off ballot, and no blank line on which voters may write in the name of any organization or individual will be provided on the run-off ballot.

(c) Employees who were eligible to vote at the conclusion of the first election shall be eligible to vote in the runoff election except (1) those employees whose employment relationship has terminated, and (2) those employees who are no longer employed in the craft or class.

§ 1206.2 Percentage of valid authorizations required to determine existence of a representation dispute.

(a) Where the employees involed in a representation dispute are represented by an individual or labor organization, either local or national in scope, and are covered by a valid existing contract between such representative and the carrier, a showing of proved authorizations (checked and verified as to date, signature, and employment status) from at least a majority of the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act.

(b) Where the employees involved in a representation dispute are unrepresented, a showing of proved authorizations from at least thirty-five (35) percent of the employees in the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act.

§ 1206.3 Age of authorization cards.

Authorizations must be signed and dated in the employee's own handwriting or witnessed mark. No authorizations will be accepted by the National Mediation Board in any employee representation dispute which bear a date prior to one year before the date of the application for the investigation of such dispute. § 1206.4 Time limit on applications.

(a) The National Mediation Board will not accept an application for the investigation of a representation dispute for a

period of two (2) years from the date of a certification covering the same craft or class of employees on the same carrier in which a representative was certified, except in unusual or extraordinary circumstances.

(b) Except in unusual or extraordinary circumstances, the National Mediation Board will not accept for investigation under section 2, Ninth, of the Railway Labor Act an application for its services covering a craft or class of employees on a carrier for a period of one (1) year after the date on which:

(1) An election among the same craft or class on the same carrier has been conducted and no certification was issued account less than a majority of eligible voters participated in the election; or

(2) A docketed representation dispute among the same craft or class on the same carrier has been dismissed by the Board account no dispute existed as defined in § 1206.2 (Rule 2); or

(3) The applicant has withdrawn an application covering the same craft or class on the same carrier which has been formally docketed for investigation.

NOTE: 1206.4 (b) will not apply to employees of a craft or class who are not represented for purposes of collective bargaining. [19 F. R. 2121, Apr. 18, 1954; 19 F. R. 2205, Apr. 16, 1954]

§ 1206.5 Necessary evidence of intervenor's interest in a representation dispute.

In any representation dispute under the provisions of section 2, Ninth, of the Railway Labor Act, an intervening individual or organization must produce proved authorizations from at least thirty-five (35) percent of the craft or class of employees involved to warrant placing the name of the intervenor on the ballot.

§ 1206.6 Eligibility of dismissed employees to vote.

Dismissed employees whose requests for reinstatement account of wrongful dismissal are pending before proper authorities, which includes the National Railroad Adjustment Board or other appropriate adjustment board, are eligible to participate in elections among the craft or class of employees in which they are employed at time of dismissal. This does not include dismissed employees whose guilt has been determined, and who are seeking reinstatement on leniency basis.

§ 1206.7 Construction of this part.

The rules and regulations in this part shall be liberally construed to effectuate the purposes and provisions of the act. § 1206.8 Amendment or rescission of rules in this part.

(a) Any rule or regulation in this part may be amended or rescinded by the Board at any time.

(b) Any interested person may petition the Board, in writing, for the issuance, amendment, or repeal of a rule or regulation in this part. An original and three copies of such petition shall be filed with the Board in Washington, D. C., and shall state the rule or regulation proposed to be issued, amended, or repealed, together with a statement of grounds in support of such petition.

(c) Upon the filing of such petition, the Board shall consider the same, and may thereupon either grant or deny the petition in whole or in part, conduct an appropriate hearing thereon and make other disposition of the petition. Should the petition be denied in whole or in part, prompt notice shall be given of the denial, accompanied by a simple statement of the grounds unless the denial is self explanatory.

Part

1401 Availability of information. 1402 Procedures of the Service. 1403 Functions and duties. 1404

Sec.

Arbitration.

PART 1401-AVAILABILITY OF INFORMATION

1401.1 Places at which information may be

1401.2 1401.3

obtained.

Nondisclosure of information.
Confidential records.

1401.4 Notices of disputes nonconfidential. 1401.5 Compliance with subpoenas.

AUTHORITY: §§ 1401.1 to 1401.5 issued under sec. 202, 61 Stat. 153, as amended; 29 U. S. C. 172. Interpret or apply sec. 3, 60 Stat. 238, sec. 203, 61 Stat. 153; 5 U. S. C. 1002, 29 U. 8. C. 173.

SOURCE: §§ 1401.1 to 1401.5 appear at 22 F.R. 162, Jan. 8, 1957, except as otherwise noted.

§ 1401.1 Places at which information may be obtained.

Any individual, employer or union, or representative thereof, desiring information regarding the operations of the Service within a region should communicate with the regional office of the Service in the region in which the labor dispute or other matter exists with respect to which information is sought. General inquiries for information concerning the Service should be addressed to the Federal Mediation and Conciliation Service, Fourteenth and Constitution Avenue NW., Washington 25, D.C. The location of regional offices of the Service and their respective jurisdictions are as follows:

Region No., Address, and Jurisdiction

1. Room 1016, Parcel Post Building, 341 Ninth Avenue, New York 1, N.Y.-Maine;

New Hampshire; Vermont; Connecticut; Rhode Island; Massachusetts; New York; and Northern New Jersey counties of Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Somerset, Sussex, and Union.

2. Room 1015, Jefferson Building, 1015 Chestnut Street, Philadelphia 7, Pa.-Pennsylvania; Delaware; Maryland; District of Columbia; West Virginia; Southern New Jersey counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, Warren, Hunterdon, Mercer, Monmouth and Salem; Eastern Virginia counties of Allegheny, Botetourt, Roanoke, Franklin, Henry and all east of these counties; and Southeastern Ohio counties of Belmont, Monroe, Washington, Noble, and Guernsey.

3. Room 346 Peachtree at Seventh Street Building, 50 Seventh Street NE., Atlanta 23, Ga.-Western Virginia counties of Lee, Wise, Scott, Dickenson, Buchanan, Russell, Washington, Tazewell, Smyth, Bland, Wythe, Grayson, Carroll, Pulaski, Giles, Craig, Montgomery, Floyd and Patrick; Southwest Kentucky counties of Fulton, Hickman, Carlisle, Ballard, McCracken, Groves, Marshall, Calloway, Livingston, Todd, Lyon, Trigg, Caldwell, Crittenden, Union, Webster, Hopkins, Christian, Muhlenberg, Logan and Simpson; Arkansas (Crittenden county only); Tennessee; North Carolina; South Carolina; Georgia; Florida; Alabama; Mississippi; Louisiana; Puerto Rico and the Virgin Islands.

4. Room 435, Old Federal Building, Public Square and Superior Street, Cleveland 14, Ohio-Indiana (counties of Clark and Floyd); Kentucky (except the counties under Region 3 jurisdiction); Ohio (except the counties of Belmont, Monroe, Washington, Noble and Guernsey); Michigan (Lower Peninsula; Upper Peninsula under Region 5 jurisdiction).