[Title 29 CFR III]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 29 - LABOR]
[Subtitle B - Regulations Relating to Labor]
[Chapter III - NATIONAL RAILROAD ADJUSTMENT BOARD]
[From the U.S. Government Printing Office]
29LABOR22002-07-012002-07-01falseNATIONAL RAILROAD ADJUSTMENT BOARDIIICHAPTER IIILABORRegulations Relating to Labor
CHAPTER III--NATIONAL RAILROAD ADJUSTMENT BOARD
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301 Rules of Procedure.......................... 133
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PART 301--RULES OF PROCEDURE--Table of Contents
Sec.
301.1 General duties.
301.2 Classes of disputes.
301.3 Organization.
301.4 Jurisdiction.
301.5 Form of submission.
301.6 General.
301.7 Hearings.
301.8 Appearances.
301.9 Awards.
Authority: Sec. 3, 44 Stat. 578, as amended; 45 U.S.C. 153.
Source: Circular 1, Oct. 10, 1934, unless otherwise noted.
Sec. 301.1 General duties.
(a) It shall be the duty of all carriers, their officers, agents and
employees to exert every reasonable effort to make and maintain
agreements concerning rates of pay, rules, and working conditions, and
to settle all disputes, whether arising out of the application of such
agreements or otherwise, in order to avoid any interruption to commerce
or to the operation of any carrier growing out of any disputes between
the carrier and the employees thereof.
(b) All disputes between a carrier or carriers, and its or their
employees shall be considered, and, if possible, decided, with all
expedition, in conference between representatives designated and
authorized so to confer, respectively, by the carrier or carriers and by
the employees thereof interested in the dispute.
Sec. 301.2 Classes of disputes.
(a) The disputes between an employee or group of employees and a
carrier or carriers growing out of grievances or out of the
interpretation or application of agreements concerning rates of pay,
rules, or working conditions, including cases pending and unadjusted on
the date of approval of this act (June 21, 1934, 48 Stat. 1185; 45
U.S.C. 151-162), shall be handled in the usual manner up to and
including the chief operating officer of the carrier designated to
handle such disputes; but, failing to reach an adjustment in this
manner, the disputes may be referred by petition of the parties or by
either party to the appropriate division of the Adjustment Board with a
full statement of the facts and all supporting data bearing upon the
disputes.
(b) No petition shall be considered by any division of the Board
unless the subject matter has been handled in accordance with the
provisions of the Railway Labor Act, approved June 21, 1934.
Sec. 301.3 Organization.
The National Railroad Adjustment Board was organized as of July 31,
1934, in accordance with the provisions of the Railway Labor Act,
approved June 21, 1934. The said Adjustment Board is composed of four
Divisions, whose proceedings shall be independent of one another. The
First, Second and Third Divisions thereof are each composed of 10
members, and the Fourth Division thereof is composed of 6 members.
Sec. 301.4 Jurisdiction.
(a) First Division. The First Division will have jurisdiction over
disputes involving train-and yard-service employees of carriers; that
is, engineers, firemen, hostlers, and outside hostler helpers,
conductors, trainmen, and yard-service employees.
(b) Second Division. The Second Division will have jurisdiction over
disputes involving machinists, boilermakers, blacksmiths, sheet-metal
workers, electrical workers, car men, the helpers and apprentices of all
the foregoing, coach cleaners, power-house employees, and railroad-shop
laborers.
(c) Third Division. The Third Division will have jurisdiction over
disputes involving station tower, and telegraph employees, train
dispatchers, maintenance-of-way men, clerical employees, freight
handlers, express, station, and store employees, signal men, sleeping-
car conductors, sleeping-car porters, and maids and dining-car
employees.
(d) Fourth Division. The Fourth Division will have jurisdiction over
disputes involving employees of carriers directly or indirectly engaged
in transportation of passengers or property by water, and all other
employees of carriers over which jurisdiction is not given to the First,
Second, and Third Divisions.
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Sec. 301.5 Form of submission.
(a) Parties. All parties to the dispute must be stated in each
submission.
(b) Statement of claim. Under the caption ``statement of claims''
the petitioner or petitioners must clearly state the particular question
upon which an award is desired.
(c) Statement of facts. In a ``joint statement of facts,'' if
possible, briefly, but fully set forth the controlling facts involved.
In the event of inability to agree upon a ``joint statement of facts,''
then each party shall show separately the facts as they respectively
believe them to be.
(d) Position of employees. Under the caption ``position of
employees'' the employees must clearly and briefly set forth all
relevant, argumentative facts, including all documentary evidence
submitted in exhibit form, quoting the agreement or rules involved, if
any; and all data submitted in support of employees' position must
affirmatively show the same to have been presented to the carrier and
made a part of the particular question in dispute.
(e) Position of carrier. Under the caption ``position of carrier''
the carrier must clearly and briefly set forth all relevant,
argumentative facts, including all documentary evidence submitted in
exhibit form, quoting the agreement or rules involved, if any; and all
data submitted in support of carrier's position must affirmatively show
the same to have been presented to the employees or duly authorized
representative thereof and made a part of the particular question in
dispute.
(f) Signatures. All submissions must be signed by the parties
submitting the same.
(g) Ex parte submission. In event of an ex parte submission the same
general form of submission is required. The petitioner will serve
written notice upon the appropriate Division of the Adjustment Board of
intention to file an ex parte submission on a certain date (30 days
hence), and at the same time provide the other party with copy of such
notice. For the purpose of identification such notice will state the
question involved and give a brief description of the dispute. The
Secretary of the appropriate Division of the Adjustment Board will
immediately thereupon advise the other party of the receipt of such
notice and request that the submission of such other party be filed with
such Division within the same period of time.
Sec. 301.6 General.
(a) To conserve time and expedite proceedings all parties within the
scope of the Adjustment Board should prepare submissions in such manner
that the pertinent and related facts and all supporting data bearing
upon the dispute will be fully set forth, thus obviating the need of
lengthy briefs and unnecessary oral discussions.
(b) All submissions shall be typewritten or machine prepared,
addressed to the Secretary of the appropriate Division of the Adjustment
Board, and fifteen copies thereof filed by the petitioner or
petitioners.
(c) Parties to a dispute are required to state in all submissions
whether or not an oral hearing is desired.
Sec. 301.7 Hearings.
(a) Oral hearings will be granted if requested by the parties or
either of them and due notice will be given the parties of the time and
date of the hearing.
(b) The parties are, however, charged with the duty and
responsibility of including in their original written submission all
known relevant, argumentative facts and documentary evidence.
Sec. 301.8 Appearances.
Parties may be heard either in person, by counsel, or by other
representatives, as they may respectively elect.
Sec. 301.9 Awards.
All awards of the Adjustment Board shall be signed by order of the
appropriate Division thereof and shall be attested by the signature of
its Secretary, as indicated thus:
national railroad adjustment board,
By Order of----------Division
Attest:--------------------
[Secretary]
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