nonth intervals seniority district ould not be reɔr yard service, representatives, whose employ. rovided that no › it is equipped members (two rhood of Lococomotive Engi the experience d service with s in effect and d prior to the ard remanded the indivdual es in the numclasses of road dispose of disspecial board s, relating to Board to be cicular assign would consist If the parties fail to name al Mediation those on furervice assign award. Tr Appeals, District of Columbia Circuit (331 Fed. (2d) 1020), the judgment of the lower court and on April 27, 1964, the S Court declined to review the decisions of the lower courts (377 U. The carriers had agreed to defer application of the award with to the firemen issue until 10 days following the decision of the S Court on the organization's petiton for review. Under this arran May 7, 1964 was established as the effective date for application provisions of the award relating to firemen employed on dies motives in freight and yard service. Since issuance of the award, the parties have submitted ques the Arbitration Board relating to the meaning and application of provisions of the Award. The Arbitration Board has issued fifte interpretations to this award. The award of Arbitration Board No. 282, with respect to th consist" issue, expired on January 25, 1966, and, by special unders between the parties on March 31, 1966, with respect to the fireme The crew consist issue was remanded to the parties for negotiat a local basis under the terms of the arbitration award. The que to the use of firemen (helpers) on other than steam power beca subject of new section 6 notices served by the Brotherhood of Loc Firemen and Enginemen upon the various carriers on or about No 15, 1965, and counter notices served upon the employees by the on or about January 31, 1966. Negotiations between the parties were in progress on these tw issues during 1969-1970. Numerous agreements with individual were consummated, covering the crew consist issue, either throug negotiations between the parties or in mediation conferences co by the National Mediation Board. The disputes involving the firemen (helpers) were, by agreement between the parties, being on an industrywide basis. (e) Investigation by emergency boards. Should arbitration be by either or both parties, and the dispute remains unsettled and judgment of the National Mediation Board, "threaten substant interrupt interstate commerce to a degree such as to deprive any of the country of essential transportation services," then the E required to notify the President, and he in turn may, at his dis appoint an emergency board to investigate the facts as to the disp vi appication vi agicciichts, Winch Camiot DC ԾՆԱԿԱՆԱ ALL uc ▪་༥ཥཿ conferences, the amended act created the National Railroad Adjustment Board to make final and binding decisions. This Board is composed of 34 members, 17 selected by the carriers and 17 by national organizations of employees. Its headquarters are placed in Chicago, and it is divided into four divisions, each with jurisdiction over disputes involving different classes of railroad employment. The membership of the divisions is also equally representative of carriers and employees. Salaries of the members are paid by the parties whom they represent, but the staff and all other expenses are paid by the Government. If any division cannot agree on an award, or if it is deadlocked, it is required to select a neutral referee to sit with the Board until a decision is rendered. If it fails to select a referee, the National Mediation Board is required to appoint one upon request. A majority vote of the members of a division is competent to make an award with respect to any dispute submitited to it, and the decisions are final and binding on the parties. The adjustment Board does not participate in any way in the process of establishing the labor standards on the railroads. This is left entirely to direct negotiations, mediation, and arbitration. The Adjustment Board, as its name implies, confines its activities strictly to the adjustment of differences that may arise from time to time as to how such labor standards should be applied under the provisions of existing agreements. (g) Investigative disputes.-Another type of case which has been consuming an increasing amount of the Board's time is the "C" number designation series. The "C" number is given to both representation and mediation applications when it is not readily apparent that those applications should be docketed. A large percentage of these cases are assigned to a mediator for an on-the-ground investigation to secure sufficient facts in order for the Board to decide whether the subject should be docketed or dismissed. Moveover, the mediator aids the parties in getting to the crux of their problem regardless of the procedural differences, and he is often able to settle the dispute while making his investigation. B. Scope of the Railway Labor Act The provisions of the Railway Labor Act cover the railroad and airline transportation industries. The original act of 1926 applied only to in the process is left entirely e Adjustment he adjustment ch labor staneements. has been con"C" number sentation and at those appli s are assigned ufficient facts be docketed etting to the erences, and stigation. bad and air- meaning of the act whose employees are entitled to separate rep tion. The Board has ruled generally that where a subsidiary cor reports separately to the Interstate Commerce Commission, and own payroll and seniority rosters, it is a carrier as defined in the its employees are entitled to representation separate from other who may be connected with the same transportation system. Ho the operations of a subsidiary are jointly managed with opera other carriers and the employees have also been merged and are to the direction of a single management, then the larger unit of ment is taken to be the carrier rather than the individual su companies. The Board's jurisdiction has been questioned in a number of the ground that the employers were not carriers within the mea the Railway Labor Act. Some of these were electric interurban and the question was referred to the Interstate Commerce Com for hearing and decision as provided by section 1, first, of the Case R-276, Oklahoma Railway Company, Findings Upon Inves decided August 13, 1937; Case Nos. R-711, R-712, R-808, R-816 and R-881, Chicago, North Shore & Milwaukee Railway C Determination of Craft or Class, decided February 9, 1942; Ca R-864; R-865, Chicago, Aurora & Elgin Railroad Company, I nation of Craft or Class, decided May 21, 1942. Air carriers are required by the Civil Aeronautics Act of 1938, 401e (4) as a condition upon holding a certificate authorizing engage in transportation to comply with title 11 of the Railwa Act. A case involving an air carrier operating solely in intrastate co was dismissed by the Board on the basis that it was not subject to See File No. C-2200, Friedkin Aeronautics, Inc., doing business a Southwest Airlines, dismissal decided March 18, 1954. Case No. C-2202 Pan American World Airways, Inc., Empl Guided Missiles Range Base, Cocoa, Fla., initiated by a request f International Association of Machinists involved the question of or not the National Mediation Board had jurisdiction over empl the Guided Missiles Range Division of Pan American World, Inc. The Board in its decision relating to this matter stated: of the Railway Labor Act, which relates to airlines is written in the parties, that ran American woria Airways is a Calci definition of title II of the Railway Labor Act, as amended. It is further undisputed that the employees involved herein are performing, in general, plant maintenance work of the kind and character that is performed by similar employees for the same company at its base where its planes are maintained.” The Board concluded by reaffirming its position that the employees of Pan American World Airways, Inc., at Cocoa, Fla., were subject to the provisions of the Railway Labor Act. Subsequently, in the case of Biswanger, et al., v. Boyd, et al., United States District Court for the District of Columbia, Civil No. 4496-56, the jurisdiction of the National Mediation Board over employees of Pan American World Airways, Inc., Guided Missiles Range Division at Cocoa, Fla., was reviewed by the court. In the court's decision dated June 17, 1957, it was stated, "The court therefore concludes that the act is applicable and the asserted jurisdiction of the National Mediation Board is not only lawful but compulsive." From time to time problems have arisen involving American airline employees based in foreign countries. The problem of such employees being represented by United States labor unions is of particular interest to airlines having operations in foreign countries. Efforts of the Air Line Dispatchers Association to establish collective-bargaining representation rights for dispatchers employed by Pan American Grace Airways posed the question as to the eligibilty of employees based in foreign countries to participate in elections conducted pursuant to section 2, ninth, of the Act. After a hearing on the question, and full review of the record, the Board reaffirmed its position on this issue on the ground that "all legislation is prima facie territorial" and "extraterritorial effect may not be given to laws by implication." The Board's conclusion stated that: There does not appear to the Board to be any constitutional impediment on the power of Congress to extend the rights, privileges, and duties of the Railway Labor Act to employees based in foreign countries employed by United States carriers by air; but, in the opinion of the Board, the act as it presently exists does not grant such rights. The Board fails to find any specific direction in the act, as amended, permitting it to extend its jurisdiction beyond the continental limits of the United States and its Territories. 3 American Banana Co. v. United Fruit Co., 213 U. S. 347, 357; Blackmer v. U. S., 284 U. S. 421, 437; 50 Am. Jur. Statutes, par. 487, p. 510. merican airline uch employees ticular interest of the Air Line representation Airways posed reign countries , ninth, of the he record, the that "all legis t may not be ted that: pediment on the e Railway Labor tates carriers by = does not grant ct, as amended, s of the United ackmer v. U. S., employment between employees and an air carrier subject to the Since 1934, the National Mediation Board has consistently h the only employees of common carriers by rail who were eligibl ticipate in elections conducted under its auspices were those who worked within the continental United States or its territories. T road employees of U.S. rail carriers, who are based in the b countries of Canada or Mexico are not included in representat tions conducted under provisions of Section 2, Ninth, of the A versely, in elections involving Canadian rail operators in the States, the only employees permitted to cast a ballot are those side of the border. (Matter of representation of employees of adian Pacific Rwy. Co., Case No. R-1551, Jan. 28, 1946; Matter sentation of employees of the New York Central R.R. Co., 1150, April 15, 1945). The National Railroad Adjustment Board procedure describe does not apply to the airline industry as the provisions of sect title I was not extended to the airlines. In place of this, title II for the establishment of boards of adjustment by agreement employees and air carriers and makes provisions for the creati permanent National Air Transport Adjustment Board when, judgment of the National Mediation Board, it shall become to have such a permanent national board in order to provide prompt and orderly settlement of disputes growing out of griev out of the interpretations or applications of agreements betw carriers and their employees. Thus far, the Board has not de necessary to arrange for the creation of a National Air Transp justment Board. In the absence of a national adjustment board in the airline i the agreements in effect on the air carriers generally provide fo boards of adjustment. Many of these agreements provide for the b of deadlocks by the appointment of a neutral person selected parties to serve as a member of such system boards and if they are to agree upon such a neutral to request the National Mediation to name a person to act in such capacity. The National Mediatio has cooperated in suggesting names for such assignments whe upon, the expense of such designee being borne by the parties. |