National Mediation Board
Federal Works Building, Eighteenth and F Streets NW.
NAtional 8460
| OFFICIALS |
| Chairman |
Harry H. Schwartz |
| Member |
George A. Cook |
| Member |
Frank P. Douglass |
| Secretary |
Robt. F. Cole |
Creation and Authority.--The National Mediation Board was
created by an act to amend the Railway Labor Act approved June 21,
1934 (48 Stat. 1185; 45 U.S.C. 151-58, 160-62), to take the place of
the United States Board of Mediation provided for by the act of May
20, 1926 (44 Stat. 577; 45 U.S.C. 153). On July 21, 1934, the new
Board superseded the United States Board of Mediation. By act of
April 10, 1936, (49 Stat. 1189-91; 45 U.S.C. 181-88), the Railway
Labor Act was further amended to extend the jurisdiction of the Board
to carriers by air engaged in interstate commerce or under mail contract.
Purpose.--The general purposes of the Railway Labor Act
establishing the National Mediation Board, are as follows:
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To avoid any interruption to commerce or to the operation of
any carrier engaged therein.
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To forbid any limitation upon freedom of association among
employees or any denial, as a condition of employment or otherwise,
of the right of employees to join an labor organization.
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To provide for the complete independence of carriers and of
employees in the matter of self-organization.
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To provide for the prompt and orderly settlement of all disputes
concerning rates of pay, rules, or working conditions.
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To provide for the prompt and orderly settlement of all disputes
growing out of grievances or out of the interpretation or application
of agreements covering rates of pay, rules, or working conditions.
Organization.--The National Mediation Board consists of three
members appointed by the President by and with the advise and consent
of the Senate. Not more than two members may be of the same
political party. The Board is assisted by a secretary, office staff, and
a staff of mediators.
Activities.--The principal duty of the National Mediation Board
is to mediate differences between the railroads, the express and Pullman
companies, and the airlines on the one hand and their employees
on the other, growing out of their attempts to make and maintain
agreements establishing the rates of pay, rules, and working conditions
of the employees as directed by the Railway Labor Act.
In addition to mediating disputes between carriers and their employees,
the Board is also charged with the responsibility of determining
representation disputes among the employees. When a dispute
arises among a rail or airline carrier's employees as to who are the
representatives of such employees for the purposes of the Railway
Labor Act, the Board is authorized to investigate such dispute and to
determine by an election or other appropriate method who is the duly
designated and authorized representative of the employees and to
certify such representative to the parties and to the carrier.
National Railroad Adjustment Board.--Disputes growing out of
grievances or out of interpretation or application of agreements concerning
rates of pay, rules, or working conditions are referable to a
board known as the National Railroad Adjustment Board set up by
section 3 of the Railway Labor Act. This Board is divided into four
divisions and consists of an equal number of representatives of the
carriers and of national organizations of employees. In deadlocked
cases the National Mediation Board is authorized to appoint a referee
to site with the members of the division for the purpose of making an
award. The Mediation Board also appoints neutral arbitrators in
cases where arbitration has been agreed upon as a result of mediation
and the parties are unable to agree on the neutral arbitrators.
National Railway Labor Panel.--To supplement the Railway
Labor Act during the war emergency, the President, by Executive
Order 9172, dated May 22, 1942, established the National Railway
Labor Panel from which railroad emergency boards are selected by
the Chairman of the Panel. The Panel consists of 20 members appointed
by the President. Section 10 of the act provides that if a
dispute between an carrier and its employees is not adjusted under the
provisions of the act and threatens substantially to interrupt interstate
commerce, the Mediation Board shall notify the President who
may thereupon, in his discretion, appoint an emergency board to
investigate and report to him with recommendations for settlement
of the dispute. By Executive Order 9172 the President has delegated
the designation of such emergency boards to the Chairman of the Panel
in cases where the employees refrain from taking strike votes and
setting strike dates.
Approved.
Harry H. Schwartz
Chairman