cluded. (1) The term "carrier" includes any express com- Carriers inpany, sleeping car company, and any carrier by railroad, 41 Stat. L., 409. subject to the Interstate Commerce Act, except a street, interurban, or suburban electric railway not operating as a part of a general steam railroad system of transportation; Board defined. (2) The term "Adjustment Board" means any Rail-Adjustment road Board of Labor Adjustment established under section 302; (3) The term "Labor Board" means the Railroad Labor Board Labor Board; (4) The term "commerce" means commerce among the several States or between any State, Territory, or the District of Columbia and any foreign nation, or between any Territory or the District of Columbia and any State, or between any Territory and any other Territory, or between any Territory and the District of Columbia, or within any Territory or the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign nation; and (5) The term "subordinate official" includes officials of carriers of such class or rank as the Commission shall designate by regulation formulated and issued after such notice and hearing as the Commission may prescribe, to the carriers, and employees and subordinate officials of carriers, and organizations thereof, directly to be affected by such regulations. defined. What commerce included. subordinate of ficials to be desig nated as such by Commission. pute. to be 41 Stat. L., 469. to be considered SEC. 301. It shall be the duty of all carriers and their Interruption of traffic, growing officers, employees, and agents to exert every reasonable out of labor diseffort and adopt every available means to avoid any inter- avoided. ruption to the operation of any carrier growing out of any dispute between the carrier and the employees or subordinate officials thereof. All such disputes shall be con- Labor disputes sidered and, if possible, decided in conference between in conference. representatives designated and authorized so to confer by the carriers, or the employees or subordinate officials thereof, directly interested in the dispute. If any dis- Reference to ap pute is not decided in such conference, it shall be referred by the parties thereto to the board which under the pro propriate board. Secs. 302-804 Establishment of Adjustment Board. 41 Stat. L., 469. Disputes to be heard and de ment Boards. 41 Stat. L., 469. visions of this title is authorized to hear and decide such dispute. SEC. 302. Railroad Boards of Labor Adjustment may be established by agreement between any carrier, group of carriers, or the carriers as a whole, and any employees or subordinate officials of carriers, or organization or group of organizations thereof. SEC. 303. Each such Adjustment Board shall, (1) elded by Adjust- upon the application of the chief executive of any carrier or organization of employees or subordinate officials whose members are directly interested in the dispute, (2) upon the written petition signed by not less than 100 unorganized employees or subordinate officials directly interested in the dispute, (3) upon the Adjustment Board's own motion, or (4) upon the request of the Labor Board whenever such board is of the opinion that the dispute is likely substantially to interrupt commerce, receive for hearing, and as soon as practicable and with due diligence decide, any dispute involving only grievances, rules, or working conditions, not decided as provided in section 301, between the carrier and its employees or subordinate officials, who are, or any organization thereof which is, in accordance with the provisions of section 302, represented upon any such Adjustment Board. Railroad Labor Board SEO. 304. There is hereby established a board to be created; member-known as the "Railroad Labor Board" and to be composed of nine members as follows: ship -labor group, nominations. (1) Three members constituting the labor group, representing the employees and subordinate officials of the 41 Stat. L., 470. carriers, to be appointed by the President, by and with the advice and consent of the Senate, from not less than six nominees whose nominations shall be made and offered by such employees in such manner as the Commission shall by regulation prescribe; (2) Three members, constituting the management group, representing the carriers, to be appointed by the President, by and with the advice and consent of the Senate, from not less than six nominees whose nominations shall be made and offered by the carriers in such manner as the Commission shall by regulation prescribe; and (3) Three members, constituting the public group, representing the public, to be appointed directly by the President, by and with the advice and consent of the Sonate. Secs. 305-307 filled. Any vacancy on the Labor Board shall be filled in the Vacancies, how same manner as the original appointment. Appointments when no nomina SEC. 305. If either the employees or the carriers fail to make nominations and offer nominees in accordance with tions made. the regulations of the Commission, as provided in paragraphs (1) and (2) of section 304, within thirty days after 41 Stat. L., 470. the passage of this Act in case of any original appointment to the office of member of the Labor Board, or in case of a vacancy in any such office within fifteen days after such vacancy occurs, the President shall thereupon directly make the appointment, by and with the advice and consent of the Senate. In making any such appointment the President shall, as far as he deems it practicable, select an individual associated in interest with the carriers or employees thereof, whichever he is to represent. SEC. 306. (a) Any member of the Labor Board who during his term of office is an active member or in the Board; interest. employ of or holds any office in any organization of employees or subordinate officials, or any carrier, or owns 41 Stat. L., 470. any stock or bond thereof, or is pecuniarily interested therein, shall at once become ineligible for further membership upon the Labor Board; but no such member is required to relinquish honorary membership in, or his rights in any insurance or pension or other benefit fund maintained by, any organization of employees or subordinate officials or by a carrier. (b) Of the original members of the Labor Board, one from each group shall be appointed for a term of three years, one for two years, and one for one year. Their successors shall hold office for terms of five years, except that any member appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he succeeds. Each member shall receive from the United States an annual salary of $10,000. A member may be removed by the President for neglect of duty or malfeasance in office, but for no other cause. Qualifications of members of Labor Term of office. Salary. President. Disputes to be heard and de Board. Adjustment SEC. 307. (a) The Labor Board shall hear, and as soon as practicable and with due diligence decide, any dispute cided by Labor involving grievances, rules, or working conditions, in respect to which any Adjustment Board certifies to the Matters before Labor Board that in its opinion the Adjustment Board Board. has failed or will fail to reach a decision within a reason- 41 Stat. L., 470. able time, or in respect to which the Labor Board determines that any Adjustment Board has so failed or is not using due diligence in its consideration thereof. In Sec. 307 Determination ment Board not organized. by Labor Board case the appropriate Adjustment Board is not organized when Adjust under the provisions of section 302, the Labor Board, (1) upon the application of the chief executive of any carrier or organization of employees or subordinate officials whose members are directly interested in the dispute, (2) upon a written petition signed by not less than 100 unorganized employees or subordinate officials directly interested in the dispute, or (3) upon the Labor Board's own motion if it is of the opinion that the dispute is likely substantially to interrupt commerce, shall receive for hearing, and as soon as practicable and with due dili gence decide, any dispute involving grievances, rules, or working conditions which is not decided as provided in section 301 and which such Adjustment Board would be required to receive for hearing and decision under the provisions of section 303. Labor Board decided in conference. Hearing before (b) The Labor Board, (1) upon the application of upon disputes not the chief executive of any carrier or organization of employees or subordinate officials whose members are directly interested in the dispute, (2) upon a written petition signed by not less than 100 unorganized employees or subordinate officials directly interested in the dispute, or (3) upon the Labor Board's own motion if it is of the opinion that the dispute is likely substantially to interrupt commerce, shall receive for hearing, and as soon as practicable and with due diligence decide, all disputes with respect to the wages or salaries of employees or subordinate officials of carriers, not decided as provided in section 301. The Labor Board may upon its own motion within ten days after the decision, in accordance with the provisions of section 301, of any dispute with respect to wages or salaries of employees or subordinate officials of carriers, suspend the operation of such decision if the Labor Board is of the opinion that the decision involves such an increase in wages or salaries as will be likely to necessitate a substantial readjustment of the rates of any carrier. The Labor Board shall hear any decision so suspended and as soon as practicable and with due diligence decide to affirm or modify such suspended decision. (c) A decision by the Labor Board under the procision of Labor visions of paragraphs (a) or (b) of this section shall require the concurrence therein of at least 5 of the 9 memConcurrence of bers of the Labor Board: Provided, That in case of any sentative. decision under paragraph (b), at least one of the repre sentatives of the public shall concur in such decision. five members to concur in de Board. public repre Secs. 307 and 308 tice of decisions. All decisions of the Labor Board shall be entered upon the Record and norecords of the board and copies thereof, together with such statement of facts bearing thereon as the board may deem proper, shall be immediately communicated to the parties to the dispute, the President, each Adjustment Board, and the Commission, and shall be given further publicity in such manner as the Labor Board may determine. and standards of tions to be just (d) All the decisions of the Labor Board in respect Wages, salaries, to wages or salaries and of the Labor Board or an Ad- working condijustment Board in respect to working conditions of em- and reasonable. ployees or subordinate officials of carriers shall establish rates of wages and salaries and standards of working conditions which in the opinion of the board are just and reasonable. In determining the justness and reasonableness of such wages and salaries or working conditions the board shall, so far as applicable, take into consideration among other relevant circumstances: (1) The scales of wages paid for similar kinds of work Matters considin other industries; (2) The relation between wages and the cost of living; (6) The character and regularity of the employment; and (7) Inequalities of increases in wages or of treatment, the result of previous wage orders or adjustments. SEC. 308. The Labor Board (1) Shall elect a chairman by majority vote of its members; ered in determining justness and reasonableness. Labor Board -chairman. -offices in Chi -meetings elso (2) Shall maintain central offices in Chicago, Illinois, cago. but the Labor Board may, whenever it deems it necessary, meet at such other place as it may determine; (3) Shall investigate and study the relations between carriers and their employees, particularly questions relating to wages, hours of labor, and other conditions of employment and the respective privileges, rights, and duties of carriers and employees, and shall gather, compile, classify, digest, and publish, from time to time, data and information relating to such questions to the end that the Labor Board may be properly equipped to perform its duties under this title and that the members of the Adjustment Boards and the public may be properly informed; where. -duty to in vestigate and mation publish inforas to condi labor 41 Stat. L., 472, |