
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: 45USC155]

 
                           TITLE 45--RAILROADS
 
                        CHAPTER 8--RAILWAY LABOR
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 155. Functions of Mediation Board


First. Disputes within jurisdiction of Mediation Board

    The parties, or either party, to a dispute between an employee or 
group of employees and a carrier may invoke the services of the 
Mediation Board in any of the following cases:
    (a) A dispute concerning changes in rates of pay, rules, or working 
conditions not adjusted by the parties in conference.
    (b) Any other dispute not referable to the National Railroad 
Adjustment Board and not adjusted in conference between the parties or 
where conferences are refused.
    The Mediation Board may proffer its services in case any labor 
emergency is found by it to exist at any time.
    In either event the said Board shall promptly put itself in 
communication with the parties to such controversy, and shall use its 
best efforts, by mediation, to bring them to agreement. If such efforts 
to bring about an amicable settlement through mediation shall be 
unsuccessful, the said Board shall at once endeavor as its final 
required action (except as provided in paragraph third of this section 
and in section 160 of this title) to induce the parties to submit their 
controversy to arbitration, in accordance with the provisions of this 
chapter.
    If arbitration at the request of the Board shall be refused by one 
or both parties, the Board shall at once notify both parties in writing 
that its mediatory efforts have failed and for thirty days thereafter, 
unless in the intervening period the parties agree to arbitration, or an 
emergency board shall be created under section 160 of this title, no 
change shall be made in the rates of pay, rules, or working conditions 
or established practices in effect prior to the time the dispute arose.

Second. Interpretation of agreement

    In any case in which a controversy arises over the meaning or the 
application of any agreement reached through mediation under the 
provisions of this chapter, either party to the said agreement, or both, 
may apply to the Mediation Board for an interpretation of the meaning or 
application of such agreement. The said Board shall upon receipt of such 
request notify the parties to the controversy, and after a hearing of 
both sides give its interpretation within thirty days.

Third. Duties of Board with respect to arbitration of disputes; 
        arbitrators; acknowledgment of agreement; notice to arbitrators; 
        reconvening of arbitrators; filing contracts with Board; custody 
        of records and documents

    The Mediation Board shall have the following duties with respect to 
the arbitration of disputes under section 157 of this title:
    (a) On failure of the arbitrators named by the parties to agree on 
the remaining arbitrator or arbitrators within the time set by section 
157 of this title, it shall be the duty of the Mediation Board to name 
such remaining arbitrator or arbitrators. It shall be the duty of the 
Board in naming such arbitrator or arbitrators to appoint only those 
whom the Board shall deem wholly disinterested in the controversy to be 
arbitrated and impartial and without bias as between the parties to such 
arbitration. Should, however, the Board name an arbitrator or 
arbitrators not so disinterested and impartial, then, upon proper 
investigation and presentation of the facts, the Board shall promptly 
remove such arbitrator.
    If an arbitrator named by the Mediation Board, in accordance with 
the provisions of this chapter, shall be removed by such Board as 
provided by this chapter, or if such an arbitrator refuses or is unable 
to serve, it shall be the duty of the Mediation Board, promptly, to 
select another arbitrator, in the same manner as provided in this 
chapter for an original appointment by the Mediation Board.
    (b) Any member of the Mediation Board is authorized to take the 
acknowledgement of an agreement to arbitrate under this chapter. When so 
acknowledged, or when acknowledged by the parties before a notary public 
or the clerk of a district court or a court of appeals of the United 
States, such agreement to arbitrate shall be delivered to a member of 
said Board or transmitted to said Board, to be filed in its office.
    (c) When an agreement to arbitrate has been filed with the Mediation 
Board, or with one of its members, as provided by this section, and when 
the said Board has been furnished the names of the arbitrators chosen by 
the parties to the controversy it shall be the duty of the Board to 
cause a notice in writing to be served upon said arbitrators, notifying 
them of their appointment, requesting them to meet promptly to name the 
remaining arbitrator or arbitrators necessary to complete the Board of 
Arbitration, and advising them of the period within which, as provided 
by the agreement to arbitrate, they are empowered to name such 
arbitrator or arbitrators.
    (d) Either party to an arbitration desiring the reconvening of a 
board of arbitration to pass upon any controversy arising over the 
meaning or application of an award may so notify the Mediation Board in 
writing, stating in such notice the question or questions to be 
submitted to such reconvened Board. The Mediation Board shall thereupon 
promptly communicate with the members of the Board of Arbitration, or a 
subcommittee of such Board appointed for such purpose pursuant to a 
provision in the agreement to arbitrate, and arrange for the reconvening 
of said Board of Arbitration or subcommittee, and shall notify the 
respective parties to the controversy of the time and place at which the 
Board, or the subcommittee, will meet for hearings upon the matters in 
controversy to be submitted to it. No evidence other than that contained 
in the record filed with the original award shall be received or 
considered by such reconvened Board or subcommittee, except such 
evidence as may be necessary to illustrate the interpretations suggested 
by the parties. If any member of the original Board is unable or 
unwilling to serve on such reconvened Board or subcommittee thereof, 
another arbitrator shall be named in the same manner and with the same 
powers and duties as such original arbitrator.
    (e) Within sixty days after June 21, 1934, every carrier shall file 
with the Mediation Board a copy of each contract with its employees in 
effect on the 1st day of April 1934, covering rates of pay, rules, and 
working conditions. If no contract with any craft or class of its 
employees has been entered into, the carrier shall file with the 
Mediation Board a statement of that fact, including also a statement of 
the rates of pay, rules, and working conditions applicable in dealing 
with such craft or class. When any new contract is executed or change is 
made in an existing contract with any class or craft of its employees 
covering rates of pay, rules, or working conditions, or in those rates 
of pay, rules, and working conditions of employees not covered by 
contract, the carrier shall file the same with the Mediation Board 
within thirty days after such new contract or change in existing 
contract has been executed or rates of pay, rules, and working 
conditions have been made effective.
    (f) The Mediation Board shall be the custodian of all papers and 
documents heretofore filed with or transferred to the Board of Mediation 
bearing upon the settlement, adjustment, or determination of disputes 
between carriers and their employees or upon mediation or arbitration 
proceedings held under or pursuant to the provisions of any Act of 
Congress in respect thereto; and the President is authorized to 
designate a custodian of the records and property of the Board of 
Mediation until the transfer and delivery of such records to the 
Mediation Board and to require the transfer and delivery to the 
Mediation Board of any and all such papers and documents filed with it 
or in its possession.

(May 20, 1926, ch. 347, Sec. 5, 44 Stat. 580; June 21, 1934, ch. 691, 
Sec. 5, 48 Stat. 1195; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; 
May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

                          Codification

    As originally enacted, par. Third (b) contained a reference to the 
``circuit court of appeals''. Act June 25, 1948, as amended by act May 
24, 1949 substituted ``court of appeals'' for ``circuit court of 
appeals''.


                               Amendments

    1934--Act June 21, 1934, amended generally par. First and par. 
Second, (e) and (f).

                  Section Referred to in Other Sections

    This section is referred to in sections 156, 157, 183 of this title.
