Page:United States Statutes at Large Volume 44 Part 1.djvu/1461

 1447 TITLE 45.; cumbrance, and to protect {aud defend the rights and interests of the United States in respectot the matters in this section mentioned, and to take steps to foreclose any mortgages or liens of the United States on any auoh railroad property: _—;Mnr. 3, 1887, c. 345, § 4, 24 Stat. 491.) ._ · 95. Sinking funds to secure debt to United States.-—The slnkiug funds which are or may be held in the Treasury for mo security of the indebtedness of either or all oi ~said railroad companies may; in addition to the lnveétments now autlmrizedlvy law, be invested in any bonds. of the United States lwrotoforo issued for the beneilt of either or all of said companies, or ln any of the first-mortgage bonds of either of said qo111panics.whicb have been issued under the.,autl1qrity,0f~ any lmy of the. United Statesand secured by mortgages of their roads and franchises, which by any law ot the United States have been made prior and mramount to the mortgage, lien, or other security ot the United States in respect ot its advances to either of said companiesas provided `by law. (Mar. 3, 1887,, c. 345, § 5, 24 Stat; $92.) · x · s Chapter "6.·+-MEDIATION, _0ON0lLIATION, AND ARRI- ' TRATION IKGONTROVERSIES BETWEEN CARRIERS 4 AND EMPLOYEES, · ` Soc. x° · ‘ li'?]. Carrlora olfecteed; ahipplngexclztded. 1*32, “Railroad " and “ transportation " ccnétrued. 103. Employees `aifccted.   . . *   _ 104. Terms used. · Q Y ” _ 1135. Subznkaion of controversies to Board of Mediation and Conciliation ;, submission to arbitration. _   — N6. Pro!er of servlcoa by board in urgent 68868. - A 167. Application for board’s opinions as to meaning of, agreement _ roaclaed through mediation. · 108. Submission of*contr0'versy` to board of arbitrator•:_.selectlo¤ of · nxombéra. ‘· - · wil. Requirements of agreement t• arbitrate. . 1l·t}._A¤tho1jity of arbitrators. · ‘ ' lll. Acknowledgment and ming ot. agreement. 112. Notiécation to arbitrators. A · _ 113. Notloe to Board of Mediation and Conciliation. 114. Roconvention of board of arbitration. ‘· 115. Organization and procedure of board of.arbltratlo`n. 116. Paper: bearing on- meglation or arbitration proceedings — under former law. - " . · ‘ ‘ 117*. When award becomes operative. _ .118. Appeal tof circuit court- of appeals 119, Flnallty at judgment. ‘- 1 — ,· _ 1::0. Jntlgoacnt on cxcoption to award; judgment by agreement. 121. Compulsory labor not permitted., . 122. Rights *of employee; under Federal court receivers; restriction , on reoncing wagu. · _ ° * 12:%. Pay ot arbitrators; expenses oi boargla ot arbitration. 124. United States Board ot Mediation and Conciliation; how consti· _ tuted. _' · ‘ ‘ ‘ 125. Repeal of previous Act. _ _ _ 126. Omoo; of Coromissioner and Assistant Commlaslouer ot Medial ‘ tion and Conciliation abolished. 1 . Section 161. Carriers alerted; shipping excludegl.—--'ifho proi visions ot this chamer shall apply to any common carrier or carriers, and) their omcers, agents, and employees, except masters ot vessels and summon, at defined in "section T13 ot Title 46, Suwrmo,  the transportation ot pamengors or propertyownolly by railroad, or partly by railroad and partly by water, for a continuous  or shipment from one State or Territory oi the United Stats or tho District of Columbia to any otl1er_State“or Terrltory of, the United States or the District ot  ;or from any place ain the United Statg to an adjacent foreign oountry, or from any place in the United Qtates through a - tor:ei;n country to any otlrer placo wm tho umm mam. (July xs, tom, e. 6,1 1; 88 Stat.‘103») 102. "Ra.ilr•agl" and “t.;·ansportatim"  he tm “rallroaq_”·aa‘¤sad m this       all b1Mgu_   farrlos need os"¤seratqi·in   ·» ~· with any rai1r¢¤d,a¤d•lsoallthor•ad·m¤a•byanyo¤·p¤·atlo¤ opr

-R.»11LRoA1>s § 108 erating a railroad, whether owned or operated under a centract, agreement, or lease; and the term " transportation " shall include all lnstrumentalitics- of shipment or carriage. (July 15, 1913, c. 6, §_1, 38 Stat. 103.) · I 103. Employees aGected;———’1*hc term-" employees " as used in this chapter shall include all persons actually. engaged in any capacity in train operation. or train service of any description, and notwithstanding that the cars upon or in which they are employed may be held and operated by the carrier under lease or other contract:·Prov£dcd, however, That this chapter shall not be held to apply to employees of street railroads and shall apply only to employees engaged in railroad train service} ‘ In every such cas the carrier shall be respon- · sible. for the acts and defaults of such employees in the same ·’manner and to the same extent as if said cars were owned by it and said employees {directly employed by it, and any provisions to the a contrary of any such lease or other contract · shall be binding only as between the parties thereto and shall not aEect the obligations of said carrier either to the public or , to' the private mrties concerned. "(July 15, 1913, c. 6, 5 1, 38 Stat. 103.) . · _ ‘ . _ 104. Terms used.-·yA common carrier subject to the provisions of this chapter is·_-hereinafter referred to as an ."em-. ployer,’? andthe employees- of one or moreof such carriers are herein_after referred to as " employeesf (July "15, 1913, c,. 6, § 1,_88 Stat. 103.)`, l 4 105. —Su_bmission of controversies to. Board of Mediation and Conciliation; submission to" arbitration.—-\?\’henever a controversy concerning wages, hours of labor, or conditions of- employment shall arise between an eniplwér or employers and employees subject to this chapter interrupting or threatening to interrupt the business` of said employer or employers to ·the‘serious detriment of the public interest, either party .to Isuch controversy xnay apply to the Board" or Mediation and Conciliation created by this chapter and invokedts services ~ for the purpose of bringing about an. amicable adjustment of the ‘ controversy; and upon the request of either party _ the said board shall with all practicable expedition put itself in communication with the parties to- snch controgersy and shall use `its best cnorts, by mediation. and conciliation, to bring _ them to an agreement {rand it such ctorts to bring about an amicable adjustment through mediation- and conciliation shall be unsuccessful, the said board shall at once endearor to induce the parties to submit their controversy to arbltfation in accordance with the provisions of this chapter. · (July 15; 1913, c.*6; § 2, 38 St&t.-104.) · _ k W · 106. ProKer` of services by board in urgent cases.-—In any casein which- an interruption of tramc is imminent and fraught with serious detriment to the public interest, the Board of. meoxuaou and Conciliation may, it ln its judgment such action mmm desirable, pro¤er its serricesto the respective parties to ·· thecontroveray. (July 15,1913, c. 6, S 2, 38 Stat. 104.) ~ 107. Application for`_bo•rd’s - opinions as to. meaning of agreement reached through. ¤rediatio¤.——·In any case in which a. controversy arises over the meaning or the application oi any agreement reached through mediation under the provisions of this-chapter either party to the said agreement may apply to the Board ot Mediation `and Conciliation for an crpression of opinion from auch hoard aa to the meaning ,01’ application of_ auch agreement and the said board shall upon receipt ot such requmt give its opinion as soon as may be practicable. I. (July 15, 1913,c.8,I2,38Stat.10g1.) · _, l`_ 163. Submiaam of controversy to board of arbitrators; selectbn of ¤¤¤ber&—\Vhenever a controversy shall arise betwwn an employa oremployers and employew suh3¢<¤¢ to this 'wapter, which can fnot be settled through mediation and conciliation in the, manner provided in the preceding section, such controversy ma$· besubmittcd to the arbitration of a board or