[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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Part                                                                Page
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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