Page:United States Statutes at Large Volume 48 Part 1.djvu/1215

 73d C ONGRESS. SESS. II. CH. 691. JUNE 21, 1934. 1189 within ten days designate the employees who may participate in the election. The Board shall have access to and have power to snake Board to bave access copies of the books and records of the carriers to obtain and utilize to carriers' rccords, etc. such information as may be deemed necessary by it to carry out the purposes and provisions of this paragraph. " T en th . The willful failure o r refusal of any carrier, its offic ers Penalty provisions . or agents to compl y with th e terms o f the thi rd, fourt h, fifth, seventh . or eighth paragraph of this section shall be a misdemeanor, and upon conviction thereof the carrier, officer, or agent offending shall be sub- ject to a fine of not less than $1,0 00 nor mo re than $ 20,000 or impris- onment for not more than six months, or both fine and imprisonment, for each offense, and each day during which such carrier, officer, or agent shall willfully fail or refuse to comply with the terms of the said para graphs of this sec tion shal l constit ute a sep arate off ense . It ceedingscement pr o- shall be the duty of assy district attorney of the United States to whom any duly de signated represe ntative of a car rier's e mployees may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States, all neces- sary proc eedings f or the en forcement of the p rovisions of this section, and for the punishment of all violations thereof and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States : Provided, That Labor without con- nothing in this Act shall be construed to require an individual sent forhidden. employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor Quitting not an ille- by an individual employee an illegal act ; nor shall any court issue gal act. any process to compel the performance by an individual employee of such labor or service, without his consent ." SEC. 3. Section 3 of the Railway Labor Act is amended to read as Vol. 44, p. 578. follows ' NATIONAL BOARD OF ADJUSTMENT--GRIEVANCES-INTERPRETATION OF National Board of Adjustment. AGREEMENTS " SEC. 3. First. There is hereby established a Board, to be known Establishment. as the `National Railroad Adjustment Board', the members of which shall be selected within thirty days after approval of this Act, and it i s hereby provide d- "(a) That the said Adjustment Board shall consist of thirty-six s ino mition ; di vi- members, eighteen of whom shall be selected by the carriers and eighteen by such labor organizations of the employees, national in scope, as have been or may be organized in accordance with the pro- visions of section 2 of this Act . "(b) The carriers, acting each through its board of directors or carriersManner re selecting g repsent ative. its receiver or receivers, trustee or trustees or through an officer or officers designate d for tha t purpose by such board, tr ustee or trustees or receiv er or rec eivers, s hall pres cribe the rules un der which its rep- resentatives shall be selected and shall select the representatives of the carriers on the Adjustment Board and designate the division on which each such representative shall serve, but no carrier or system of carriers shall have more than one representative on any division of the Board. "(c) Th e nation al labor organiz ations, as defin ed in pa ragraph laboethod forrbseleect of (a) of this section, acting each through the chief executive or other Board . medium designated by the organization or association thereof, shall pr escribe the rule s under which th e labor members of the A djust- ment Board shall be selected and shall select such members and designate the division on which each member shall serve ; but no L imitat ion . labor organization shall have more than one representative on any division of the Board.