
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC154]

 
                           TITLE 45--RAILROADS
 
                        CHAPTER 8--RAILWAY LABOR
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 154. National Mediation Board


First. Board of Mediation abolished; National Mediation Board 
        established; composition; term of office; qualifications; 
        salaries; removal

    The Board of Mediation is abolished, effective thirty days from June 
21, 1934, and the members, secretary, officers, assistants, employees, 
and agents thereof, in office upon June 21, 1934, shall continue to 
function and receive their salaries for a period of thirty days from 
such date in the same manner as though this chapter had not been passed. 
There is established, as an independent agency in the executive branch 
of the Government, a board to be known as the ``National Mediation 
Board'', to be composed of three members appointed by the President, by 
and with the advice and consent of the Senate, not more than two of whom 
shall be of the same political party. Each member of the Mediation Board 
in office on January 1, 1965, shall be deemed to have been appointed for 
a term of office which shall expire on July 1 of the year his term would 
have otherwise expired. The terms of office of all successors shall 
expire three years after the expiration of the terms for which their 
predecessors were appointed; but any member appointed to fill a vacancy 
occurring prior to the expiration of the term for which his predecessor 
was appointed shall be appointed only for the unexpired term of his 
predecessor. Vacancies in the Board shall not impair the powers nor 
affect the duties of the Board nor of the remaining members of the 
Board. Two of the members in office shall constitute a quorum for the 
transaction of the business of the Board. Each member of the Board shall 
receive necessary traveling and subsistence expenses, or per diem 
allowance in lieu thereof, subject to the provisions of law applicable 
thereto, while away from the principal office of the Board on business 
required by this chapter. No person in the employment of or who is 
pecuniarily or otherwise interested in any organization of employees or 
any carrier shall enter upon the duties of or continue to be a member of 
the Board. Upon the expiration of his term of office a member shall 
continue to serve until his successor is appointed and shall have 
qualified.
    All cases referred to the Board of Mediation and unsettled on June 
21, 1934, shall be handled to conclusion by the Mediation Board.
    A member of the Board may be removed by the President for 
inefficiency, neglect of duty, malfeasance in office, or ineligibility, 
but for no other cause.

Second. Chairman; principal office; delegation of powers; oaths; seal; 
        report

    The Mediation Board shall annually designate a member to act as 
chairman. The Board shall maintain its principal office in the District 
of Columbia, but it may meet at any other place whenever it deems it 
necessary so to do. The Board may designate one or more of its members 
to exercise the functions of the Board in mediation proceedings. Each 
member of the Board shall have power to administer oaths and 
affirmations. The Board shall have a seal which shall be judicially 
noticed. The Board shall make an annual report to Congress.

Third. Appointment of experts and other employees; salaries of 
        employees; expenditures

    The Mediation Board may (1) subject to the provisions of the civil 
service laws, appoint such experts and assistants to act in a 
confidential capacity and such other officers and employees as are 
essential to the effective transaction of the work of the Board; (2) in 
accordance with chapter 51 and subchapter III of chapter 53 of title 5, 
fix the salaries of such experts, assistants, officers, and employees; 
and (3) make such expenditures (including expenditures for rent and 
personal services at the seat of government and elsewhere, for law 
books, periodicals, and books of reference, and for printing and 
binding, and including expenditures for salaries and compensation, 
necessary traveling expenses and expenses actually incurred for 
subsistence, and other necessary expenses of the Mediation Board, 
Adjustment Board, Regional Adjustment Boards established under paragraph 
(w) of section 153 of this title, and boards of arbitration, in 
accordance with the provisions of this section and sections 153 and 157 
of this title, respectively), as may be necessary for the execution of 
the functions vested in the Board, in the Adjustment Board and in the 
boards of arbitration, and as may be provided for by the Congress from 
time to time. All expenditures of the Board shall be allowed and paid on 
the presentation of itemized vouchers therefor approved by the chairman.

Fourth. Delegation of powers and duties

    The Mediation Board is authorized by its order to assign, or refer, 
any portion of its work, business, or functions arising under this 
chapter or any other Act of Congress, or referred to it by Congress or 
either branch thereof, to an individual member of the Board or to an 
employee or employees of the Board to be designated by such order for 
action thereon, and by its order at any time to amend, modify, 
supplement, or rescind any such assignment or reference. All such orders 
shall take effect forthwith and remain in effect until otherwise ordered 
by the Board. In conformity with and subject to the order or orders of 
the Mediation Board in the premises, [and] such individual member of the 
Board or employee designated shall have power and authority to act as to 
any of said work, business, or functions so assigned or referred to him 
for action by the Board.

Fifth. Transfer of officers and employees of Board of Mediation; 
        transfer of appropriation

    All officers and employees of the Board of Mediation (except the 
members thereof, whose offices are abolished) whose services in the 
judgment of the Mediation Board are necessary to the efficient operation 
of the Board are transferred to the Board, without change in 
classification or compensation; except that the Board may provide for 
the adjustment of such classification or compensation to conform to the 
duties to which such officers and employees may be assigned.
    All unexpended appropriations for the operation of the Board of 
Mediation that are available at the time of the abolition of the Board 
of Mediation shall be transferred to the Mediation Board and shall be 
available for its use for salaries and other authorized expenditures.

(May 20, 1926, ch. 347, Sec. 4, 44 Stat. 579; June 21, 1934, ch. 691, 
Sec. 4, 48 Stat. 1193; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 
63 Stat. 972; Pub. L. 88-542, Aug. 31, 1964, 78 Stat. 748.)

                       References in Text

    The civil service laws, referred to in par. Third, are set forth in 
Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.

                          Codification

    In par. First, provisions that prescribed the basis compensation of 
members of the Board were omitted to conform to the provisions of the 
Executive Schedule. See sections 5314 and 5315 of Title 5, Government 
Organization and Employees.
    In par. Third, ``subject to the provisions of the civil service 
laws, appoint such experts and assistants to act in a confidential 
capacity and such other officers and employees'' substituted for 
``appoint such experts and assistants to act in a confidential capacity 
and, subject to the provisions of the civil-service laws, such other 
officers and employees''. All such appointments are now subject to the 
civil service laws unless specifically excepted by such laws or by laws 
enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the 
President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, 
Sec. 1, 54 Stat. 1211, which covered most excepted positions into the 
classified (competitive) civil service. The Order is set out as a note 
under section 3301 of Title 5.
    In par. Third, ``chapter 51 and subchapter III of chapter 53 of 
title 5'' substituted for ``the Classification Act of 1949, as amended'' 
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, 
the first section of which enacted Title 5.


                               Amendments

    1964--Par. First. Pub. L. 88-542 inserted sentences providing that 
each member of the Board in office on Jan. 1, 1965, shall be deemed to 
have been appointed for a term of office which shall expire on July 1 of 
the year his term would have otherwise expired, and that upon the 
expiration of his term of office a member shall continue to serve until 
his successor is appointed and shall have qualified, and struck out 
provisions which related to terms of office of members first appointed.
    1949--Par. First. Act Oct. 15, 1949, increased basic rate of 
compensation for members of the board to $15,000 per year.
    Par. Third. Act Oct. 28, 1949, substituted ``Classification Act of 
1949'' for ``Classification Act of 1923''.
    1934--Act June 21, 1934, amended section generally.


                                 Repeals

    Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was 
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, 
Sec. 8, 80 Stat. 632, 655.

                  Section Referred to in Other Sections

    This section is referred to in section 157 of this title.
