Buit for recovery. the Labor Board such right of access or copying, or hinders, obstructs, TRANSPORTATION ACT. or resists him in the exercise of such right, shall upon conviction 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 employee of the United States, whenever ment omcials, etc. requested by any member of the Labor Board or an Adjustment 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. Data from Govern Transfer of records control. Carriers not to re prior to September 1, (c) The President is authorized to transfer to the Labor Board from former agencies any books, papers, or documents pertaining to the administration etc., under Federal 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, established 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 duce axed pay rates each employee or subordinate official thereof wages or salary at a 1920 rate not less than that fixed by the decision of any agency, or railway board of adjustment in connection therewith, established for executing the powers granted the President under the Federal Control Act, in effect in respect to such employee or subordinate official imme diately preceding 12.01 a. m. March 1, 1920. Any carrier acting in violation of any provision of this section shall upon conviction thereof tion be liable to a penalty of $100 for each such offense. Each such action with respect to any such employee 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 lie violations of deckany decision of the Labor Board or of an Adjustment Board is violated by any carrier, or employee or subordinate official, or organization 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 determine. Penalty for viola • Bult for recovery. Board to make pub sions. Becretary, and em. Contingent expenses. SEO. 314. The Labor Board may (1) appoint a secretary, who shall ployees authorized. 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, employees, 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, employees, 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 chairman of the Labor Board. Appropriation for SEC. 315. There is hereby appropriated for the fiscal year ending expenses. 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. TRANSPORTATION ACT. SEC. 316. The powers and duties of the Board of Mediation and Conciliation created by the Act approved July 15, 1913, shall not and Conellation. extend to any dispute which may be received for hearing and decision by any Adjustment Board or the Labor Board. Duties restricted. II-b. (Source: Leonard A. Lecht. In Experience under Railway Labor Legislation. New York, N.Y., Columbia University Press, 1955, pp. 37-46) THE TRANSPORTATION ACT OF 1920 The return of peace brought up the problem of postwar railway labor legislation. The Newlands Law had been eclipsed by the Railroad Administration and dissatisfaction with the Board of Mediation and Conciliation made it highly improbable that the law would remain unchanged. In his 1919 Report the Commissioner of Mediation and Conciliation proposed that the Newlands Law should be retained, but with amendments designed to take into account congressional sentiment for "some scheme which somewhere in its machinery embodies the principles of compulsion." 46 The Commissioner suggested that if direct negotiations and mediation failed, the President should be empowered "if in his judgment the public interest so requires, [to] take 18 Report of the U.S. Board of Mediation and Conciliation for 1913-1919 (Washington: Government Printing Office, 1920), p. 15. 91 over and operate the property." 47 If the President preferred arbitration, he could order an arbitration board set up. Arbitration awards were to be applied for a trial period of three months regardless of their acceptability to the parties. A final award would be issued at the end of the trial period which could be rejected by either disputant after at least one month of further delay. The Commissioner's proposal is of interest as a sign of the temper of the times. It marks a change from the voluntary procedures of the Newlands Law. His suggestions, however, did not become law. ... S. 3288, sponsored by Senator Cummins, contained another plan to control railway labor relations. It provided for the continuation of much of the Railroad Administration's labor machinery. An important change in Cummins's measure was a provision which made it unlawful to "aid, abet, counsel, command, induce, or procure the commission of . any act [of] interference with interstate commerce." 18 The House Commerce Committee favorably reported H.R. 10453, sponsored by Mr. Esch.19 The Esch Bill omitted the antistrike feature in the Senate bill. It departed from strict emphasis on voluntary procedures by permitting damage suits against any party which consented to submit a dispute to an adjustment board and then violated the agreement based on the board's decision. The law which was finally enacted, the Transportation Act of 1920, was a compromise combining elements of both bills but without any antistrike provisions.50 Title III of the 1920 Act contained the law's labor provisions. Boards of adjustment were to hear and decide unsettled disputes not referred to the newly created Railroad Labor Board. Unlike the wartime Boards, their establishment was not made obligatory and they could be created on a local or regional as well as on a national basis. An adjustment board could intervene in cases involving grievances, rules, or working conditions on its own motion, at the Labor Board's request, on application from one of the disputants, or on the petition of 100 interested workers. If the adjustment board failed, the case was to be turned over to the Railroad Labor Board. 47 Ibid. 48 For an analysis of S. 3288, see Senate Report No. 304, U.S. Senate, Committee on Interstate Commerce, 66th Congress, 1st session, 1919. For source of quote see ibid., Part II, p. 10. 49 House Report No. 456 to accompany H.R. 10453, U.S. House of Representatives, Committee on Interstate and Foreign Commerce, 66th Congress, 1st session, 1919. 50 U.S. 41 Stats. 456 (1920). The Labor Board was composed of nine members selected equally from carrier, union, and public representatives. It was given exclusive jurisdiction over wage controversies and it was also to decide disputes not settled by adjustment boards. The Board was empowered to suspend any wage agreement which in its opinion involved "such an increase of wages as will be likely to necessitate a substantial readjustment of the rates of the carrier." 51 Board decisions required the concurrence of at least five members one of whom, in wage cases, was required to be a public representative. The 1920 Act required that the Board "establish rates of wages ... and standards of working conditions which in the opinion of the Board are just and reasonable." 52 Seven criteria were listed in the statute which were to be taken into account in determining "just and reasonable" wages or working conditions. They were: 1. The scale of wages paid for similar work elsewhere 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 employment 7. Inequalities resulting from previous wage adjustments Although the 1920 Act did not repeal the Newlands Law, it excluded the Board of Mediation and Conciliation from any disputes received for hearing by an Adjustment Board or the Labor Board.53 While much of the procedure of Title III appeared to resemble the operations of the Railroad Administration, the legal status of unions had been weakened by the new law. It did not repeat the provisions of G.O. No. 8 guaranteeing employees the right to join a union. Carriers were not expressly prohibited from interfering in the selection of employee representatives. Labor leaders were pessimistic about their prospects under the 1920 Act. They issued a joint statement that "we do not endorse the law; however . . . there is nothing left for us to do except cooperate. . . in the prompt creation of the machinery provided for." 54 At about the same time that the Railroad Labor Board held its first meeting, employees were preparing applications for hearings on 51 İbid., Sec. 807, Par. b. 52 Ibid., Par. d. 58 Ibid., Sec. 816. 54 U.S. Interstate Commerce Commission, Bureau of Statistics, Changes in Wages and Working Conditions of Railway Employees, 1918-1922 (Washington: Government Printing Office, 1922), p. 179. |