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and employes and subordinate officials of carriers, and organizations thereof, directly to be affected by such regulations.

Sec. 301. It shall be the duty of all carriers and their officers, employes, and agents to exert every reasonable effort and adopt every available means to avoid any interruption to the operation of any carrier growing out of any dispute between the carrier and the employes or subordinate officials thereof. All such disputes shall be considered and, if possible, decided in conference between representatives designated and authorized so to confer by the carriers, or the employes or subordinate officials thereof, directly interested in the dispute. any dispute is not decided in such conference, it shall be referred by the parties thereto to the board which under the provisions of this title is authorized to hear and decide such dispute.

If

Sec. 302. Railroad Boards of Labor Adjustment may be established by agreement between any carrier, group of carriers, or the carriers as a whole, and any employes or subordinate officials of carriers, or organization or group of organizations thereof.

Sec. 303.

Each such Adjustment Board shall, (1) upon the application of the chief executive of any carrier or organization of employes or subordinate officials whose members are directly interested in the dispute, (2) upon the written petition signed by not less than 100 unorganized employes or subordinate officials directly interested in the dispute, (3) upon the Adjustment Board's own motion, or (4) upon the request of the Labor Board whenever such board is of the opinion that the dispute is likely substantially to interrupt commerce, receive for hearing, and as soon as practicable and with due diligence, decide any dispute involving only grievances, rules, or working conditions, not decided as provided in section 301, between the carrier and its employes or subordinate officials, who are, or any organization thereof which is, in accordance with the provisions of section 302, represented upon any such Adjustment Board.

Sec. 304. There is hereby established a board to be known as the "Railroad Labor Board" and to be composed of nine members as follows:

(1) Three members constituting the labor group, representing the employes and subordinate officials of the carriers, to be appointed by the President, by and with the advice and consent of the Senate, from not less than six nominees whose nominations shall be made and offered by such employes in such manner

as the Commission shall by regulation prescribe.

(2) The members, constituting the management group, representing the carriers, to be appointed by the President, by and with the advice and consent of the Senate, from not less than six nominees whose nominations shall be made and offered by the carriers in such manner as the Commission shall by regulation prescribe; and

(3) Three members, constituting the public group, representing the public, to be appointed directly by the President, by and with the advice and consent of the Senate.

Any vacancy on the Labor Board shall be filled in the same manner as the original appointment.

Sec. 305. If either the employes or the carriers fail to make nominations and offer nominees in accordance with the regulations of the Commission, as provided in paragraphs (1) and (2) of section 304, within thirty days after the passage of this Act in case of any original appointment to the office of member of the Labor Board, or in case of a va cancy in any such office within fifteen days after such vacancy occurs, the President shall thereupon directly make the appointment, by and with the advice and consent of the Senate. In making any such appointment the President shall, as far as he deems it practicable, select an individual associated in interest with the carriers or employes thereof, whichever he is to represent.

Sec. 306. (a) Any member of the Labor Board who, during his term of office is an active member or in the employ of or holds any office in any organization of employes or subordinate officials, or any carrier, or owns any stock or bond thereof, or is pecuniarily interested therein, shall at once become ineligible for further membership upon the Labor Board; but no such member is required to relinquish honorary membership in, or his rights in any insurance or pension or other benefit fund maintained by, any organization of employes or subordinate officials or by a carrier.

(b) of the original members of the Labor Board, one from each group shall be appointed for a term of three years, one for two years, and one for one year. Their successors shall hold office for terms of five years, except that any member appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he succeeds. Each member shall receive from the United States an annual salary of $10,000. A member may be removed by the President for neglect of duty or malfeasance in of fice, but for no other cause.

Sec. 307. (a) The Labor Board shall hear, and as soon as practicable and with due diligence decide, any dispute involving grievances, rules, or working conditions, in respect to which any Adjustment Board certifies to the Labor Board that in its opinion the Adjustment Board has failed or will fail to reach a decision with. in a reasonable time, or in respect to which the Labor Board determines that any Adjustment Board has so failed or is not using due diligence in its consideration thereof. In case the appropriate Adjustment Board is not organized under the provisions of section 302, the Labor Board, (1) upon the application of the chief executive of any carrier or organization of employes or subordinate officials whose members are directly interested in the dispute, (2) upon a written petition signed by not less than 100 unorganized employes or subordinate officials directly interested in the dispute, or (3) upon the Labor Board's own motion if it is of the opinion that the dispute is likely substantially to interrupt commerce, shall receive for hearing, and as soon as practicable and with due diligence decide, any dispute involving grievances, rules, or working condition which is not decided as provided in section 301 and which such Adjustment Board would be required to receive for hearing and decision under the provisions of section 303.

(b) The Labor Board, (1) upon the ap plication of the chief executive of any carrier or organization of employes or subordinate officials whose members are directly interested in the dispute, (2) upon a written petition signed by not less than 100 unorganized employes or subordinate officials directly interested in the dispute, or (3) upon the Labor Board's own motion if it is of the opin ion that the dispute is likely substantially to interrupt commerce, shall receive for hearing, and as soon as prac ticable and with due diligence decide, all disputes with respect to the wages or salaries of employes or subordinate officials of carriers, not decided as provided in section 301. The Labor Board may, upon its own motion, within ten days after the decision, in accordance with the provisions of section 301, of any dispute with respect to wages or salaries of employes or subordinate of ficials of carriers, suspend the operation of such decision if the Labor Board is of the opinion that the decision involves such an increase in wages or salaries as will be likely to necessitate a substantial readjustment of the rates of any carrier. The Labor Board shall hear any decision so suspended and as soon as

practicable and with due diligence decide to affirm or modify such suspended deafsion.

(c) A decision by the Labor Board under the provisions of paragraphs (a) or (b) of this section shall require the concurrence therein of at least 5 of the 9 members of the Labor Board: Provided, That in case of any decision under paragraph (b), at least one of the representatives of the public shall concur in such decision. All decisions of the Labor Board shall be entered upon the records of the board and copies thereof, together with such statement of facts bearing thereon as the board may deem proper, shall be immediately communicated to the parties to the dispute, the President, each Adjustment Board, and the Commission, and shall be given further publicity in such manner as the Labor Board may determine.

(d) All the decisions of the Labor Board in respect to wages or salaries and of the Labor Board or an Adjustment Board in respect to working conditions of employes or subordinate officials of carriers shall establish rates of wages and salaries and standards of working conditions, which, in the opinion of the board are just and reasonable. In determining the justness and reasonableness of such wages and salaries or working conditions the board shall, so far as applicable, take into consideration among other relevant

circumstances:

(1) The scales of wages paid for similar kinds of work in other industries. (2) The relation between wages and the cost of living.

(3) The hazards of the employment. (4) The training and skill required. (5) The degree of responsibility. (6) The character and regularity of the employment; and

(7) Inequalities of increases in wages or of treatment, the result of previous wage orders or adjustments.

Sec. 308. The Labor Board

(1) Shall elect a chairman by majority vote of its members.

(2) Shall maintain central offices in Chicago, Illinois, but the Labor Board may, whenever it deems it necessary, meet at such other place as it may determine.

(3) Shall investigate and study the relations between carriers and their employes, particularly questions relating to wages, hours of labor, and other conditions of employment and the respective privileges, rights, and duties of carriers and employes, and shall gather, compile, classify, digest and publish, from time to time, data and information relating to such questions to the end that the Labor Board may be properly equipped to per

form its duties under this title and that the members of the Adjustment Boards and the public may be properly informed.

(4) May make regulations necessary for the efficient execution of the functions vested in it by this title; and

(5) Shall at least annually collect and publish the decisions and regulations of the Labor Board and the Adjustment Boards and all court and administrative decisions and regulations of the Commission in respect to this title, together with a cumulative index-digest thereof.

Sec. 309. Any party to any dispute to be considered by an Adjustment Board or by the Labor Board shall be entitled to a hearing either in person or by counsel.

Sec. 310 (a) For the efficient adminis tration of the functions vested in the Labor Board by this title, any member thereof may require, by subpoena issued and signed by himself, the attendance of any witness and the production of any book, paper, document, or other evidence from any place in the United States at any designated place of hearing, and the taking of a deposition before any designated person having power to administer oaths. In the case of a deposition the testimony shall be reduced to writing by the person taking the deposition or under his direction, and shall then be subscribed to by the deponent. Any member of the Labor Board may administer oaths and examine any witness. Any witness summoned before the board and any witness whose deposition is taken shall be paid the same fees and mileage as are paid witnesses in the courts of the United States.

(b) In case of failure to comply with any subpoena or in case of the contumacy of any witness appearing before the Labor Board, the board may invoke the aid of any United States district court. Such court may thereupon order the witness to comply with the requirements of such subpoena, or to give evidence touching the matter in question, as the case may be. Any failure to obey such order may be punished by such court as a contempt thereof.

(c) No person shall be excused from so attending and testifying or deposing, nor from so producing any book, paper, document, or other evidence on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing, as to which in obedience to a subpoena and under oath, he may so testify or produce evidence, documentary or

otherwise. But no person shall be exempt from prosecution and punishment for perjury committed in so testifying.

Sec. 311. (a) When necessary to the ef ficient administration of the functions vested in the Labor Board by this title, any member, officer, employe, or agent thereof, duly authorized in writing by the board, shall at all reasonable times for the purpose of examination have ac cess to and the right to copy any book, account, record, paper, or correspondence relating to any matter which the board is authorized to consider or investigate. Any person who, upon demand, refuses any duly authorized member, officer, employe, or agent of the Labor Board such right of access or copying, or hinders, obstructs, or resists him in the viction thereof be liable to a penalty of $500 for each such offense. Each day during any part of which such offense continues shall constitute a separate offense. Such penalty shall be recoverable in a civil suit brought in the name of the United States, and shall be covered into the Treasury of the United States as miscellaneous receipts.

(b) Every officer or employe of the United States, whenever requested by any member of the Labor Board or an Ad justment Board duly authorized by the board for the purpose, shall supply to such board any data or information pertaining to the administration of the functions vested in it by this title, which may be contained in the records of his office.

authorized to

(c) The President is transfer to the Labor Board any books, papers, or documents pertaining to the administration of the functions vested in the board by this title, which are in the possession of any agency, or railway board of adjustment in connection therewith, etsablished for executing the powers granted the President under the Federal Control Act and which are no longer necessary to the administration of the affairs of such agency.

Sec. 312. Prior to September 1, 1920, each carrier shall pay to each employe or subordinate official thereof wages or salary at a rate not less than that fixed by the decision of any agency, or railway board of adjustment in connection therewith, establishing for executing the pow. ers granted the President under the Federal Control Act, in effect in respect to such employe or subordinate official immediately preceding 12:01 a. m. March 1, 1920. Any carrier acting in violation of any provision of this section shall, upon conviction thereof, be liable to a penalty of $100 for each such offense. Each such action with respect to any such employe or subordinate official and

each day or portion thereof during which the offense continues shall constitute a

separate offense. Such penalty shall be recoverable in a civil suit brought in the name of the United States, and shall be covered into the Treasury of the United States as miscellaneous receipts.

Sec. 313. The Labor Board, in case it has reason to believe that any decision of the Labor Board or of an Adjustment Board is violated by any carrier, or employe or subordinate official, or organi. zation thereof, may upon its own motion after due notice and hearing to all persons directly interested in such violation, determine whether in its opinion such violation has occurred and make public its decision in such manner as it may de termine.

Sec. 314. The Labor Board may (1) appoint a secretary, who shall receive from the United States an annual salary of $5,000; and (2) subject to the provisions of the civil service laws, appoint and remove such officers, employes, and agents; and make such expenditures for rent, printing, telegrams, telephone, law books, books of reference, periodicals furniture, stationery, office equipment, and other

supplies and expenses including salaries, traveling expenses of its members, secretary, officers, employes, and agents, and witness fees, as are necessary for the efficient execution of the functions vested in the board by this title and as may be provided for by Congress from time to time. All of the expenditures of the Labor Board shall be allowed and paid upon the presentation of itemized vouchers therefor approved by the chair Iman of the Labor Board.

Sec. 315. There is hereby appropriated for the fiscal year ending June 30, 1920, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary, to be expended by the Labor Board, for defraying the expenses of the maintenance and establishment of the board, including the payment of salaries as provided in this title.

Sec. 316. The powers and duties of the Board of Mediation and Conciliation created by the Act approved July 15, 1913; shall not extend to any dispute which may be received for hearing and decision by any Adjustment Board or the Labor Board.

Congressman Blanton Bebuked

Once more our friend Congressman W. J. Burke from Pennsylvania came to the rescue of organized labor and the principles enunciated by the unions, when he took occasion during a recent session of Congress to excoriate in the following language the position taken by that arch and pernicious mud-slinging enemy of labor, Congressman Blanton, of the Seventeenth District of Texas:

"I have stated before on the floor that this not a place to air hostility and hatred to the working classes," Mr. Burke declared, "and I think it is unfair to me to sit here every day and listen to exaggerated and incorrect statements."

The occasion for the remarks arose when Blanton offered some objections to appropriating money to pay salaries of Government employes, saying the appropriations for this legislation were in excess and should be limited. Mr. Burke had good backing, Representative Garland, of Pittsburgh; Casey, of WilkesBarre, and others, joined in the general attack on Blanton.

Continuing, Mr. Burke said:

"Mr. Speaker, in reply to what has been said by the representative from Texas,

Mr. Blanton, namely, that Congressman Carss and myself have worked together and blocked him from the floor and from having his remarks extended in the Record, I want to say, that in having done so, I consider that we rendered a public service to the country. The people of the country have had a few days' rest, and I have had the pleasure and comfort of sitting here in peace, for at least a few days, free from the usual procedure of listening to his abusive and incorrect statements. I believe a good many of the members of this Congress have also enjoyed the same feeling of peace and comfort.

"I have stated before on this floor that this is not place to air hostility and hatred to the working classes; it is not the place

to array capital against labor or labor against capital. I have always been fair towards capital and I want to be fair to everybody, but it is very unfair to me to have to sit here every day and listen to exaggerated and incorrect statements.

"I have become disgusted with what goes on here in this respect and so has the country. Day after day, the represen. tative from Texas, Mr. Blanton, prances up and down in front of us, shaking his fist in our faces, making incorrect statements to Congress and villifying labor.

"Mr. Blanton just got through telling this Congress that organized labor meant the closed shop. There never was a more incorrect statement. For thirty-two years I have been connected with the Order of Railway Conductors, one of the best labor organizations in the United States, and the members of this organization and the members of the other railroad organizations do not discriminate against the men who do not belong to the organizations. The non-members receive all the benefits that the organizations' members receive in the way of wages and working conditions, although it is the organizations that make the contracts and agreements and establish better conditions for the men.

"Only this morning I came in on a train with a man who has been a Baltimore & Ohio conductor for thirty-five years; he is not a member of the Order of Railway Conductors, yet he enjoys the friendship and the liking of all his fellow-workers; he receives the same benefits his fellow conductors receive through a conductors' wage schedule. He does not belong to the conductors organization; he is not forced to belong to it; he is liked by his fellow-conductors and they work in peace and harmony. There are countless number of men who do not belong to organized labor who derive all the advantages and benefits of the organized workers' contract, which refutes the statement of the representative from Texas, that men must belong, and if they do not they are discriminated against.

"It is time these misstatements and this

abuse was put a stop to. We cannot have contentment in this country; we cannot have stability in this country as long as men stand up here day after day blackguarding and villifying labor.

"I want to say to my side of the house, too, that I have sat here, watching some of you applauding Mr. Blanton's remarks, and possibly if he had not received encouragement, the rest of us would not have had to be constantly suffering listening to his abusive talk.

"The working people read of what transpires here, the attacks that are made upon them, and the heart and the energy is taken out of them by the unfairness and the injustice of it. It is time that it was put a stop to. Labor does not have to take the abuse.

"Members here will talk about a $60 a month salary for some poor laborer; will vote against a few dollars increase for the poorly paid Government employes; burn up hour after hour talking about it, for two and three days at a time, appropriating $300,000,000 of the people's money to finance the railroads, it goes through with only a five-hour debate allowed.

"According to the press reports of the country, 17,000 millionaries were created during the world war, which means $17,000,000,000 dollars of private wealth, garnered out of a nation's woe and people's misery. Under the Lever act I am advised, Attorney General Palmer has full power to have the books of these newly made millionaire concerns audited and let the people of the country find out just how and in what manner they made the millions.

"As long as I have been in Congress, I have never once heard Mr. Blanton raise his voice against the 'big interests' of the country or say one word about bringing the profiteers to justice, but he spends his time talking against labor and abusing Mr. Gompers, whose life has been dedicated to the uplift of his fellowmen and the cause of humanity."

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