Page:United States Statutes at Large Volume 48 Part 1.djvu/1217

 73d C ONGRESS. SESS. II. CH. 691. JU NE 21, 1934. 1191 "Third division : To have jurisdiction over disputes involving Third division . gro ups . station, tower, and telegraph employees, train dispatchers, main- tenance-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 . This division shall consist of ten members, five of whom shall be selected by the carriers and five by the national labor organizations of employ ees . "Fourth division : To have jurisd iction over d isputes involv ing Fourth division. employees of carriers directly or indirectly engaged in transportation gr oup up . equipment 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. This division shall consist of six members, three of whom shall be selec ted by the ca rriers and th ree by the nat ional labor organizations of the employees. "(i) The disputes between an employee or group of employees to Reference nceofdisputes 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 unad- justed on the date of approval of this Act, 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 support- ing data bearing upon the disputes . "(j) Parties may be heard either in person, by counsel, or by other Hearings auth orized. representatives, as they may respectively elect, and the several divi- sions of the Adjustment Board shall give due notice of all hearings to the employee or employees and the carrier or carriers involved in any disputes submitted to them. "(k) Any division of the Adjustm ent Board sha ll have author ity i t Deleg ation of autho r- . empower two or more of its members to conduct hearings and make findings upon disputes, when properly submitted, at any place designated by the division : Provided, however, That final awards Proviso . as to any such dispute must be made by the entire division as here- Final awards . inafter provided . "(1) Upon failure of any division to agree upon an award because Award s ., Refe ree" autbor - of a deadlock or inability to secure a majority vote of the division ized, to act w ith divi- members, as provided in paragraph (n) of this section, then such agree upon failure to division shall forthwith agree upon and select a neutral person, to be known as `referee', to sit with the division as a member thereof and make an award . Sho uld the divis ion fail to a gree upon and c hoose ,7°re fere e fai ls to select a referee within ten days of the date of the deadlock or named by Mediation inability to secure a majority vote, then the division, or any member Board . thereof, or th e parti es or either party t o the dispute may ce rtify that fact to the Mediation Board, which Board shall, within ten days from the date of receiving such certificate, select and name the referee to sit with the division as a member thereof and make an award . The Mediation Board shall b e bound by th e same provisi ons in the Ap pointment to be appointment of these neutral referees as are provided elsewhere in neutral. this Act for the appointment of arbitrators and shall fix and pay the compensation of such referees. "(m) Th e awar ds of the se veral divis ions of the Adjus tment . Awards to be in writ- Board shall be stated in writing . A copy of the awards shall be furnished to the respective parties to the controversy, and the awards nis hed s te s tabe fd- shall be final and binding upon both parties to the dispute, except cision seal . insofar as they shall contain a money award . In case a dispute