dreamproit/uscode huggingface dataset:
45 U.S.C. § 126 (RAILROADS)
§ 126. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379
text: Section, act Dec. 15, 1921, ch. 1, § 1, 42 Stat. 328, abolished offices of Commissioner and Assistant Commissioner of Mediation and Conciliation.
45 U.S.C. § 131 to 146 (RAILROADS)
§§ 131 to 146. Repealed. May 20, 1926, ch. 347, § 14, 44 Stat. 587
text: Section 131, act Feb. 28, 1920, ch. 91, § 300, 41 Stat. 469, defined terms for purposes of this chapter. See section 151 et seq. of this title.
text: Section 132, act Feb. 28, 1920, ch. 91, § 301, 41 Stat. 469, related to disputes between carriers and their officers, agents, and employees. See section 151 et seq. of this title.
text: Section 133, act Feb. 28, 1920, ch. 91, § 302, 41 Stat. 469, related to establishment of railroad boards of labor adjustment. See section 151 et seq. of this title.
text: Section 134, act Feb. 28, 1920, ch. 91, § 303, 41 Stat. 469, related to duty of boards to hear and decide disputes. See section 151 et seq. of this title.
text: Section 135, act Feb. 28, 1920, ch. 91, § 304, 41 Stat. 470, related to establishment and composition of Railroad Labor Board. See section 151 et seq. of this title.
text: Section 136, act Feb. 28, 1920, ch. 91, § 305, 41 Stat. 470, related to selection of members of board by President. See section 151 et seq. of this title.
text: Section 137, act Feb. 28, 1920, ch. 91, § 306, 41 Stat. 470, related to effect of subsequent ineligibility of certain members. See section 151 et seq. of this title.
text: Section 138, act Feb. 28, 1920, ch. 91, § 306, 41 Stat. 470, related to terms of office, salary, and removal from office of board members. See section 151 et seq. of this title.
text: Section 139, act Feb. 28, 1920, ch. 91, § 307, 41 Stat. 470, related to disputes within jurisdiction of board. See section 151 et seq. of this title.
text: Section 140, act Feb. 28, 1920, ch. 91, § 308, 41 Stat. 472, related to certain powers and duties of board. See section 151 et seq. of this title.
text: Section 141, act Feb. 28, 1920, ch. 91, § 309, 41 Stat. 472, related to right to hearing by a party in dispute. See section 151 et seq. of this title.
text: Section 142, act Feb. 28, 1920, ch. 91, § 310, 41 Stat. 472, related to certain procedural powers of board. See section 151 et seq. of this title.
text: Section 143, act Feb. 28, 1920, ch. 91, § 311, 41 Stat. 472, related to access to books, accounts, and records. See section 151 et seq. of this title.
text: Section 144, act Feb. 28, 1920, ch. 91, § 313, 41 Stat. 473, related to determination of violations of decisions of board. See section 151 et seq. of this title.
text: Section 145, act Feb. 28, 1920, ch. 91, § 314, 41 Stat. 473, related to appointment and salary of Secretary of Board. See section 151 et seq. of this title.
text: Section 146, act Feb. 28, 1920, ch. 91, § 316, 41 Stat. 474, related to jurisdiction of adjustment or labor board as excluding mediation board. See section 151 et seq. of this title.
45 U.S.C. § 151a (RAILROADS)
§ 151a. General purposes
The purposes of the chapter are: (1) To avoid any interruption to commerce or to the operation of any carrier engaged therein; (2) to forbid any limitation upon freedom of association among employees or any denial, as a condition of employment or otherwise, of the right of employees to join a labor organization; (3) to provide for the complete independence of carriers and of employees in the matter of self-organization to carry out the purposes of this chapter; (4) to provide for the prompt and orderly settlement of all disputes concerning rates of pay, rules, or working conditions; (5) to provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions.
(May 20, 1926, ch. 347, § 2, 44 Stat. 577; June 21, 1934, ch. 691, § 2, 48 Stat. 1186.)
heading: Codification
text: Section is comprised of the first sentence of section 2 of act May 20, 1926. The remainder of section 2 of act May 20, 1926, is classified to section 152 of this title.
heading: Amendments
text: 1934—Act June 21, 1934, reenacted provisions comprising this section without change.
45 U.S.C. § 156 (RAILROADS)
§ 156. Procedure in changing rates of pay, rules, and working conditions
Carriers and representatives of the employees shall give at least thirty days’ written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of conference between the representatives of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time shall be within the thirty days provided in the notice. In every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon, as required by section 155 of this title, by the Mediation Board, unless a period of ten days has elapsed after termination of conferences without request for or proffer of the services of the Mediation Board.
(May 20, 1926, ch. 347, § 6, 44 Stat. 582; June 21, 1934, ch. 691, § 6, 48 Stat. 1197.)
heading: Amendments
text: 1934—Act June 21, 1934, inserted “in agreements” after “intended change” in text, struck out provision formerly contained in text concerning changes requested by more than one class, and substituted “Mediation Board” for “Board of Mediation” wherever appearing.
heading: Wage and Salary Adjustments
text: Ex. Ord. No. 9299, eff. Feb. 4, 1943, 8 F.R. 1669, provided procedure with respect to wage and salary adjustments for employees subject to this chapter.
45 U.S.C. § 160 (RAILROADS)
§ 160. Emergency board
If a dispute between a carrier and its employees be not adjusted under the foregoing provisions of this chapter and should, in the judgment of the Mediation Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the Mediation Board shall notify the President, who may thereupon, in his discretion, create a board to investigate and report respecting such dispute. Such board shall be composed of such number of persons as to the President may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise interested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the President within thirty days from the date of its creation.
There is authorized to be appropriated such sums as may be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actually incurred for subsistence, of the members of the board. All expenditures of the board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman.
After the creation of such board and for thirty days after such board has made its report to the President, no change, except by agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose.
(May 20, 1926, ch. 347, § 10, 44 Stat. 586; June 21, 1934, ch. 691, § 7, 48 Stat. 1197.)
heading: Amendments
text: 1934—Act June 21, 1934, substituted “Mediation Board” for “Board of Mediation” wherever appearing.
45 U.S.C. § 160a (RAILROADS)
§ 160a. Rules and regulations
(a) In general
The Mediation Board shall have the authority from time to time to make, amend, and rescind, in the manner prescribed by section 553 of title 5, and after opportunity for a public hearing, such rules and regulations as may be necessary to carry out the provisions of this chapter.
(b) Application
The requirements of subsection (a) shall not apply to any rule or proposed rule to which the third sentence of section 553(b) of title 5 applies.
(May 20, 1926, ch. 347, § 10A, as added Pub. L. 112–95, title X, § 1001, Feb. 14, 2012, 126 Stat. 146.)
45 U.S.C. § 161 (RAILROADS)
§ 161. Effect of partial invalidity of chapter
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(May 20, 1926, ch. 347, § 11, 44 Stat. 587.)
heading: Separability; Repeal of Inconsistent Provisions
text: Act June 21, 1934, ch. 691, § 8, 48 Stat. 1197, provided that: “If any section, subsection, sentence, clause, or phrase of this Act [amending sections 151 to 158, 160, and 162 of this title] is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.”
45 U.S.C. § 162 (RAILROADS)
§ 162. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary for expenditure by the Mediation Board in carrying out the provisions of this chapter.
(May 20, 1926, ch. 347, § 12, 44 Stat. 587; June 21, 1934, ch. 691, § 7, 48 Stat. 1197.)
heading: Amendments
text: 1934—Act June 21, 1934, substituted “Mediation Board” for “Board of Mediation”.
45 U.S.C. § 163 (RAILROADS)
§ 163. Repeal of prior legislation; exception
Chapters 6 and 7 of this title, providing for mediation, conciliation, and arbitration, and all Acts and parts of Acts in conflict with the provisions of this chapter are repealed, except that the members, secretary, officers, employees, and agents of the Railroad Labor Board, in office on May 20, 1926, shall receive their salaries for a period of 30 days from such date, in the same manner as though this chapter had not been passed.
(May 20, 1926, ch. 347, § 14, 44 Stat. 587.)
heading: References in Text
text: Chapters 6 and 7 of this title, referred to in text, were in the original references to the act of July 15, 1913, and title III of the Transportation Act, 1920, respectively.
45 U.S.C. § 164 (RAILROADS)
§ 164. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111
text: Section, act Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1072, related to advertisements for proposals for purchases or services rendered for Board of Mediation, including arbitration boards.
45 U.S.C. § 165 (RAILROADS)
§ 165. Evaluation and audit of Mediation Board
(a) Evaluation and audit of Mediation Board
(1) In general
In order to promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the Mediation Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Mediation Board. Such an evaluation and audit shall be conducted not less frequently than every 2 years, but may be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.
(2) Responsibility of Comptroller General
In carrying out the evaluation and audit required under paragraph (1), the Comptroller General shall evaluate and audit the programs, operations, and activities of the Mediation Board, including, at a minimum—
(A) information management and security, including privacy protection of personally identifiable information;
(B) resource management;
(C) workforce development;
(D) procurement and contracting planning, practices, and policies;
(E) the extent to which the Mediation Board follows leading practices in selected management areas; and
(F) the processes the Mediation Board follows to address challenges in—
(i) initial investigations of applications requesting that an organization or individual be certified as the representative of any craft or class of employees;
(ii) determining and certifying representatives of employees; and
(iii) ensuring that the process occurs without interference, influence, or coercion.
(b) Immediate Review of certification procedures
Not later than 180 days after February 14, 2012, the Comptroller General shall review the processes applied by the Mediation Board to certify or decertify representation of employees by a labor organization and make recommendations to the Board and appropriate congressional committees regarding actions that may be taken by the Board or Congress to ensure that the processes are fair and reasonable for all parties. Such review shall be conducted separately from any evaluation and audit under subsection (a) and shall include, at a minimum—
(1) an evaluation of the existing processes and changes to such processes that have occurred since the establishment of the Mediation Board and whether those changes are consistent with congressional intent; and
(2) a description of the extent to which such processes are consistent with similar processes applied to other Federal or State agencies with jurisdiction over labor relations, and an evaluation of any justifications for any discrepancies between the processes of the Mediation Board and such similar Federal or State processes.
(c) Appropriate congressional committee defined
In this section, the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate.
(May 20, 1926, ch. 347, § 15, as added Pub. L. 112–95, title X, § 1004, Feb. 14, 2012, 126 Stat. 147.)
45 U.S.C. § 181 (RAILROADS)
§ 181. Application of subchapter I to carriers by air
All of the provisions of subchapter I of this chapter except section 153 of this title are extended to and shall cover every common carrier by air engaged in interstate or foreign commerce, and every carrier by air transporting mail for or under contract with the United States Government, and every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his service.
(May 20, 1926, ch. 347, § 201, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.)
45 U.S.C. § 182 (RAILROADS)
§ 182. Duties, penalties, benefits, and privileges of subchapter I applicable
The duties, requirements, penalties, benefits, and privileges prescribed and established by the provisions of subchapter I of this chapter except section 153 of this title shall apply to said carriers by air and their employees in the same manner and to the same extent as though such carriers and their employees were specifically included within the definition of “carrier” and “employee”, respectively, in section 151 of this title.
(May 20, 1926, ch. 347, § 202, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.)
45 U.S.C. § 183 (RAILROADS)
§ 183. Disputes within jurisdiction of Mediation Board
The parties or either party to a dispute between an employee or a group of employees and a carrier or carriers by air may invoke the services of the National Mediation Board and the jurisdiction of said Mediation Board is extended to 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 an adjustment board, as hereinafter provided, and not adjusted in conference between the parties, or where conferences are refused.
The National Mediation Board may proffer its services in case any labor emergency is found by it to exist at any time.
The services of the Mediation Board may be invoked in a case under this subchapter in the same manner and to the same extent as are the disputes covered by section 155 of this title.
(May 20, 1926, ch. 347, § 203, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.)
45 U.S.C. § 184 (RAILROADS)
§ 184. System, group, or regional boards of adjustment
The disputes between an employee or group of employees and a carrier or carriers by air 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 April 10, 1936 before the National Labor Relations Board, 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 an appropriate adjustment board, as hereinafter provided, with a full statement of the facts and supporting data bearing upon the disputes.
It shall be the duty of every carrier and of its employees, acting through their representatives, selected in accordance with the provisions of this subchapter, to establish a board of adjustment of jurisdiction not exceeding the jurisdiction which may be lawfully exercised by system, group, or regional boards of adjustment, under the authority of section 153 of this title.
Such boards of adjustment may be established by agreement between employees and carriers either on any individual carrier, or system, or group of carriers by air and any class or classes of its or their employees; or pending the establishment of a permanent National Board of Adjustment as hereinafter provided. Nothing in this chapter shall prevent said carriers by air, or any class or classes of their employees, both acting through their representatives selected in accordance with provisions of this subchapter, from mutually agreeing to the establishment of a National Board of Adjustment of temporary duration and of similarly limited jurisdiction.
(May 20, 1926, ch. 347, § 204, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.)
45 U.S.C. § 187 (RAILROADS)
§ 187. Separability
If any provision of this subchapter or application thereof to any person or circumstance is held invalid, the remainder of such sections and the application of such provision to other persons or circumstances shall not be affected thereby.
(May 20, 1926, ch. 347, § 207, as added Apr. 10, 1936, ch. 166, 49 Stat. 1191.)
45 U.S.C. § 188 (RAILROADS)
§ 188. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary for expenditure by the Mediation Board in carrying out the provisions of this chapter.
(May 20, 1926, ch. 347, § 208, as added Apr. 10, 1936, ch. 166, 49 Stat. 1191.)
45 U.S.C. § 201 to 208 (RAILROADS)
§§ 201 to 208. Omitted
heading: Codification
text: Sections 201 to 208, sections 1 to 8, respectively, of act June 27, 1934, ch. 868, § 1, 48 Stat. 1283–1286, were omitted pursuant to the decision in the case of Railroad Retirement Board v. Alton R. Co. (Dist. of Col., 1935), 295 U.S. 330, 55 S.Ct. 758, 79 L.Ed. 1468, declaring this subchapter unconstitutional.
Section 201 defined terms for purposes of this subchapter.
Section 202 stated purposes of this subchapter and required a special report to be sent from the Railroad Retirement Board to the President.
Section 203 related to annuities paid under this subchapter.
Section 204 related to compulsory retirement.
Section 205 related to employee contributions.
Section 206 related to existing pension systems.
Section 207 related to employee representatives.
Section 208 related to retirement fund established under this subchapter.
Provisions relating to refund of sums paid by railroads and other carriers of the United States under this subchapter were contained in act June 1, 1938, ch. 315, §§ 1, 2, 52 Stat. 608.
45 U.S.C. § 209 (RAILROADS)
§ 209. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649
text: Section, act June 27, 1934, ch. 868, § 9, 48 Stat. 1287, established a Railroad Retirement Board and set out its functions.
45 U.S.C. § 210 to 214 (RAILROADS)
§§ 210 to 214. Omitted
heading: Codification
text: Sections 210 to 214, sections 10 to 14, respectively, of act June 27, 1934, ch. 868, § 10, 48 Stat. 1288, 1289, were omitted as unconstitutional. See section 201 of this title.
Section 210 related to jurisdiction of certain courts.
Section 211 related to exemption of annuities or death payments from legal process.
Section 212 related to penalties for missed payments by carriers and has been omitted from the Code as unconstitutional.
Section 213 related to certain other penalties.
Section 214 related to separability of provisions.
45 U.S.C. § 228d (RAILROADS)
§ 228d. Repealed. July 31, 1946, ch. 709, § 212, 60 Stat. 729
text: Section, act Aug. 29, 1935, ch. 812, § 4, as restated June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 311, related to joint and survivor annuity.
45 U.S.C. § 231f–1 (RAILROADS)
§ 231f–1. Annual actuarial report
As part of the annual report required under section 231u(a) of this title, the Railroad Retirement Board shall submit to the Congress a report on the actuarial status of the railroad retirement system under various economic and employment assumptions. Such report shall include any recommendation for financing changes which might be advisable, including—
(1) any adjustment the Railroad Retirement Board recommends regarding the rates of taxes imposed by sections 3201(b), 3211(a)(2), and 3221(b) of the Internal Revenue Code of 1986 [26 U.S.C. 3201(b), 3211(a)(2), 3221(b)], and
(2) if there are sufficient reserves in the Railroad Retirement Account, whether—
(A) the rates of such taxes should be reduced, or
(B) any part of the tax imposed by section 3221(b) of such Code should be diverted to the Railroad Unemployment Insurance Account to aid in the repayment of its debt to the Railroad Retirement Account.
(Pub. L. 98–76, title V, § 502, Aug. 12, 1983, 97 Stat. 440; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104–66, title II, § 2221(a), Dec. 21, 1995, 109 Stat. 733.)
heading: Codification
text: Section was enacted as part of the Railroad Retirement Solvency Act of 1983, and not as part of the Railroad Retirement Act of 1974 which comprises this subchapter.
heading: Amendments
text: 1995—Pub. L. 104–66 which directed the amendment of this section by substituting “As part of the annual report required under section 231u(a) of this title” for “On or before July 1, 1985, and each calendar year thereafter”, was executed by making the substitution for “On or before July 1 of 1985, and of each calendar year thereafter”, to reflect the probable intent of Congress.
1986—Par. (1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
45 U.S.C. § 231g (RAILROADS)
§ 231g. Court jurisdiction
Decisions of the Board determining the rights or liabilities of any person under this subchapter shall be subject to judicial review in the same manner, subject to the same limitations, and all provisions of law shall apply in the same manner as though the decision were a determination of corresponding rights or liabilities under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] except that the time within which proceedings for the review of a decision with respect to an annuity, supplemental annuity, or lump-sum benefit may be commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the claimant.
(Aug. 29, 1935, ch. 812, § 8, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1343.)
heading: References in Text
text: The Railroad Unemployment Insurance Act, referred to in text, is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables.