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CHAPTER X-NATIONAL MEDIATION BOARD

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003). Part 1206 Notices in re: Railway Labor Act. (Amended] 1208 Handling representation disputes under the Railway Labor Act. [Added]

ABBREVIATIONS: The following abbreviations are used in this chapter:
F.R. Federal Register
Reg. Regulation
Sec. Section
Stat.

Statutes at Large
U.S.C. United States Code

PART 1206_NOTICES IN RE: RAIL

WAY LABOR ACT Sec. 1206.4 Substantive rules. (Revised).

$ 1206.4 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. (Sec. 2, Ninth, 44 Stat. 577 as amended by 48 Stat. 1188; 45 U.S.C. 152) (Reg., Apr, 10, 1947, 12 F.R. 2451]

PART 1208_HANDLING REPRESEN.

TATION DISPUTES UNDER THE

RAILWAY LABOR ACT [ADDED] Sec. 1208.1 Run-off elections. 2 Percentage of valid authorizations

required to determine existence of

a representation dispute. 1208.3 Age of authorization cards. 1208.4 Recent elections. 1208.5 Necessary evidence of intervenor's

interest in a representation dis

pute. 1208.6 Eligibility of dismissed employees to

vote. 1208.7 Construction of rules. 1208.8 Amendment or rescission of rules.

AUTHORITY: $$ 1208.1 to 1208.8, inclusive, issued under 44 Stat. 577, 48 Stat. 1186; 49 U.S. C. 151 et seq.

SOURCE: $$ 1208.1 to 1208.8, inclusive, contained in Regulations, National Mediation Board, May 1, 1947, 12 F.R. 3083.

$ 1208.1 Run-of 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.

$ 1208.2 Percentage of valid authorizations required to determine existence of a representation dispute. (a) Where the employees involved 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 ma

jority 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 à 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.

$ 1208.3 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.

$ 1208.4 Repeat elections. The National Mediation Board will not commence the investigation of a representation dispute for a period of two (2) years from the date of a certification hereafter issued covering the same craft or class of employees on the same carrier in which a representative was certified except in unusual or extraordinary circumstances.

$ 1208.5 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.

$ 1208.6 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 a leniency basis.

$ 1208.7 Construction of rules. These rules and regulations shall be liberally construed to effectuate the purposes and provisions of the act.

8 1208.8 Amendment or rescission of rules. (a) Any rule or regulation 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. 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.

CHAPTER XI-NATIONAL RAILWAY LABOR PANEL

[REVOKED]

CODIFICATION: Chapter XI was revoked by Executive Order 9883, Aug. 11, 1947, 12 F.R. 5481. For complete text of E.O. 9883, see Title 3, supra.

CHAPTER XII-FEDERAL MEDIATION AND CONCILIATION

SERVICE (ADDED]

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).

ABBREVIATIONS: The following abbreviations are used in this chapter:
FR. Federal Register

Section
Stat. Statutes at Large
U.S.C. United States Code

Sec.

PART 1405–GENERAL REGULA

TIONS OF THE SERVICE Sec. 1405.1 Records; withdrawal, inspection and

copies. 1405.2 Compliance with subpoenas.

AUTHORITY: $ $ 1405.1 and 1405.2 issued under sec. 3, 60 Stat. 238, sec. 202, Pub. Law 101, 80th Cong.; 5 U.S.C. 1002.

SOURCE: $$ 1405.1 and 1405.2 contained in Regulations, Director, Sept. 11, 1947, 12 F.R.

6326.

$ 1405.1 Records; withdrawal, inspection and copies_(a) Withdrawal. No report, letter, memorandum file or other document or paper in the official custody of the Service (hereinafter referred to in this order as "records") shall be taken, withdrawn or removed therefrom by any person not officially connected with the Service or any agent or representative of such person without the written consent of the Director.

(b) Inspection and copies. All records in the official custody of the Service are hereby declared to be confidential for good cause found. Inspection and the procurement of copies thereof, will be afforded only to persons who demonstrate a material and justifiable interest therein not prejudicial to the public interest as determined by the Director. Applica

tions for inspection or the procurement of copies thereof should be made to the Director, under oath, setting forth the. interest of the applicant and showing the reason why and the purpose for which the inspection or the copies of the records requested are desired.

$ 1405.2 Compliance with subpoenas. No officer or employee or other person officially connected with the Service shall produce or present any records of the Service or testify in behalf of any party to any cause pending in any court or before any Board, Commission or other administrative agency of the United States or of any State, Territory, or the District of Columbia with respect to the facts, or other matter coming to his knowledge in his official capacity or with respect to the contents of any records of the Service, whether in answer to a subpoena, subpoena duces tecum or otherwise, without the written consent of the Director. Whenever any subpoena or subpoena duces tecum calling for records or testimony as described above shall have been served upon any such officer, employee or other person, he will, unless otherwise expressly directed by the Director, appear in answer thereto, and respectfully decline, by reason of this part, to produce or present such records or to give such testimony.

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TITLE 30—MINERAL RESOURCES

Part Chapter I-Bureau of Mines, Department of the Interior..----Chapter II—Geological Survey, Department of the Interior.........

200 Chapter VI-Solid Fuels Administration for War, Department of the Interior [Revoked].....

Note Chapter VIII-Coal Mines Administration, Department of the Interior......... 801

NOTE: Other regulations issued by the Department of the Interior appear in Title 18, Title 25, Title 32, Chapters III and XXV, Title 36, Chapter I, Title 43, Title 48 and Title 50, Chapter I.

CROSS REFERENCE: Conservation of Power, Title 18.

CHAPTER 1-BUREAU OF MINES
DEPARTMENT OF THE INTERIOR

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).

Subchapter A-Organization and Procedure Part 01 Organization. [Cross Reference] 03 Delegations of authority. [Added]

1

Subchapter B-Helium and Coal
Production and sale of helium for medical, scientific, and commercial use.

[Revised)

Subchapter E-Electrical Equipment, Lamps, Methane Detectors; Tests for

Permissibility; Fees

18 Junction boxes and electric motor-driven mine equipment. (Amended]
25 Multiple-shot blasting units. (Revised]

ABBREVIATIONS: The following abbreviations are used in this chapter:
CFR Code of Federal Regulations
E.O. Executive order
F.R. Federal Register
R.S. Revised Statutes
Séc.(s) Section(s)
Stat. Statutes at Large
U.S.C. United States Code

Subchapter A-Organization and Procedure

PART 01-ORGANIZATION CROSS REFERENCE: For delegations of authority with respect to the Bureau of Mines, see Title 43, Part 4 of Subpart D, infra.

PART 03—DELEGATIONS OF

AUTHORITY (ADDED)
Sec.
03.1 Open market purchases.

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