...agreement which establishes a procedure * * * unless it finds that under the agreement there is accorded to each party the free and unrestrained right to take...determination arrived at through such procedure. The terms of the agreement explicitly provide that there is reserved, of the agreement relating to or bearing...

...the approval here sought may not be granted unless we find that under the agreement there is accorded to each party the free and unrestrained right to take...either before or after any determination arrived at under the procedures established by the agreement. In recognition of this prohibition, the following...

...that section 5a requires that docket notice be given of all rate proposals because, without notice, the free and unrestrained right to take independent...before or after any determination arrived at through collective procedures is absent. In reply, the western railroads take issue with the contentions of...

...other matter or transaction, to which section 5 of the act is applicable, or (3) which does not accord to each party the free and unrestrained right to take independent action either before or after any 1 The area of the United States on and west of a line starting at Sault Ste. Marie, Mich., thence along...

...of any matter through joint consideration unless it finds that under the agreement there is accorded to each party the free and unrestrained right to take independent action either before or alter any determination arrived at through such procedure. Section 5a is applicable to motor carriers,...

...Register. (Issues of the equipment register are filed with the Commiasion as a tariff publication.) unrestrained right to take independent action either...before or after any determination arrived at through the agreement procedures. Joint action to protest or seek suspension of any rate or classification...

...than 8 days preceding the date of the meeting. Right of Independent Action 3.1 Any member is accorded the free and unrestrained right to take independent action either before or after any determination under the procedures herein set forth. 3.2 Where independent action is announced, notification will...

...among carriers of different classes as defined in section 5a ; that it accords to each party thereto the free and unrestrained right to take independent action, either before or 278 ICC after any determination arrived at through procedure established by the agreement ; and that...

...that resort to independent action has not been infrequent. . . We conclude that the agreement accords to each party the free and unrestrained right to take...before or after any determination arrived at through the procedures provided by the agreement." The commission next proceeded to a discussion of considerations...

...carriers. — Id., p. 216; North Atlantic Port Railroads, Coal Demurrage-Agreement, 278 ICC 525 (528). "Free and unrestrained right to take independent action either before or after any determination" guarantees that each carrier party to agreement shall have the right to elect whether it will place...