Page:United States Statutes at Large Volume 48 Part 1.djvu/1214

 1188 Agreements restrict - ing prospective em- p loyee 's ri ght to af fili- ate with labor organi- zation. C arrie r-em ploye e dis - pute's. Conferences. Previsos . Place . Time limit. Agreements in effect not superseded. Rates of employees' pay. etc. Pri nted notices to be posted concerning han- dling of disputes . Embodying provi- sions in contracts Me diation Boar d. Investigation of dis- pute. Names of representa- tives to be certified. Election of represent- atives. Rule s. 73d C ONGRESS. SESS. II. CH. 691. JU NE 21, 1934. " Fifth . No carrier, its officers, or agents shall require any person seeking employ ment to sign any contract or agreement p romising to join or not to join a labor organization ; and if any such contract has been enforced prior to the effective date of this Act, then such carrier shall notify the employees by an appropriate order that such contract has been discarded and is no longer binding on them in any way . " Sixth. In case of a dispute between a carrier or carriers and its or their employees, arising out of grievances or out of the interpre- tation or application of agreements concerning rates of pay, rules, or working conditions, it shall be the duty of the designated repre- sentative or representatives of such carrier or carriers and of such employees, within ten days after the receipt of notice of a desire on the part of ei ther party to confer in re spect to such dispute, to specify a time and place at which such conference shall be held Provided, (1) That the place so specified shall be situated upon the line of the carrier involved or as otherwise mutually agreed upon ; and (2) that the time so specified shall allow the designated con- ferees reasonable opportunity to reach such place of conference, but shall not exceed twenty days from the receipt of such notice
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provided further, That nothing in this Act shall be construed to supers ede th e prov ision s of a ny agr eement (as to con ferenc es) then in effect between the parties. " S eventh . No ca rrier, its off icers or agen ts shal l chan ge the rates of pay, rules, or working conditions of its employees, as a class as embodied in agreements except in the manner prescribed in such agreements or in section 6 of this Act . " Eighth. Every carrier shall notify its employees by printed notices in such form and posted at such times and places as shall be specified by the Mediation Board that al l disputes be tween the carrier and its employees will be handled in accordance with the requirements of this Act, and in such notices there shall be printed verbatim, in large type, the third, fourth, and fifth paragraphs of this section. The provisions of said paragraphs are hereby made a part of the cont ract o f empl oyment betw een th e carr ier and each employee, and shall be held binding upon the parties, regardless of any other express or implied agreements betweeen them. " Ninth . If any dispute shall arise among a carrier's employees as to who are the representatives of such employees designated and authorized in accordance with the requirements of this Act, it shall be the duty of the Mediation Board, upon request of either party to the dispute, to investigate such dispute and to certify to both parties, in writing, within thirty days after the receipt of the invocation of its services, the name or names of the individuals or organizations that have been designated and authorized to represent the employees involved in the dispute, and certify the same to the carrier . Up on receipt of such certification the carrier shall treat with the repre- sentative so certified as the representative of the craft or class for the purposes of this Act . In such an investigation, the Mediation Board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized representatives in such manner as shall insure the choice of representatives by the employees without interference, influence, or coercion exercised by the carrier. In the conduct of any election for the purposes herein indicated the Board shall designate who may participate in the election and establish the rules to govern the election, or may appoint a committee of three neutral persons who after hearing shall