Page:United States Statutes at Large Volume 49 Part 1.djvu/1047

 10 02 74TH CONGRESS. SESS. I. CH. 824. AUGUST 30, 1935 . provisions of section 16 of this Act, no action on such finding and order shall be taken by the Commission during the pendency of the app eal. Authority of Labor (e) The Labor Board shall have authority to adjudicate disputes Board. arising under subsections (a) and (b) of this part III, and to determine whether or not an organization of employees has been promoted, or is controlled or dominated by an employer in its organi- zation, management, policy, or election of representatives the purpose of determining who are the freely chosen representa- tives of the employees the Board may order and under its super- vision may con duct an election of empl oyees fo r that p urpose. The Labor Board may order a code member to meet the representatives of its employees for the purpose of collective bargaining. (f) The Labor Board may offer its services as mediator in any dispute between a producer and its employees where such dispute is not determi ned by t he tribu nal set up in a bona fid e collec tive contract ; and upon the written submission by the parties requesting an award on a stated matter signed by the duly accredited representa- tives of the e mployer and empl oyees, t he Labor Board m ay arbit rate the matter submitted. (g) Whenever the maximum daily and weekly hours of labor are agreed upon in any contract or contracts negotiated between the pro- ducers of more than two-thirds the annual national tonnage produc tion for the pre ceding c alendar year and the rep resentat ives of more than one-half the mine workers employed, such maximum hours of labor shall be accepted by all the code members. The wage agreemen t or agr eements negotiat ed by co llective bargain ing in a ny district o r grou p of two or more distric ts, betw een repr esentati ves of produ cers of more tha n two-th irds of the annu al tonna ge produ c- tion of such district or each of such districts in a contracting group during the preceding calendar year, and representatives of the majority of the mine workers therein, shall be filed with the Labor Board and shall be accepted as the minimum wages for the various classifications of labor by the code members operating in such district or group of districts. Serv ices as medi ator. Maximum hours of lab or agreement and acceptance. Wag e agreements . Filing and accept- ance. Orga nizat ion of the code. Duty of Commission to formulate code and assist in organizing dis- trict board . Acceptance of mem- be rsh ip by p rodu cer s. Revocat ion of accept- ance . Hearing. ,Pr ovis o. Cease and desist or- de rs. ORGANIZATION OF THE CODE SEC. 5. (a) Upon the appointment of the Commission it shall at once formulate said code and assist in the organization of the dis- trict boards as provided for in section 4, and shall prepare and sup- ply to all coal producers forms of acceptance for membership therein. Such forms of acceptances, when executed, shall be acknowledged before any official authorized to take acknowledgments. (b) The membership of any such coal producer in such code and his right to a drawback on the taxes levied under section 3 of this Act, may be revoked by the Commission upon written complaint by any party in interest, after a hearing, with thirty days' written notice to the member, upon proof that such member has willfully failed or refused to comply with any duty or requirement imposed upon him by reason of his membership ; and i n such a hearing any party in interest, including the district boards, other code members, consumers, employees, and the Commissioner of Internal Revenue, shall be entitled to present evidence and be heard Provided, Tha t the Commission, in its discretion, may in such case make an order directing the code member to cease and desist from violations of the code and upon failure of the code member to comply with such order the Commission may reopen the case upon ten days' notice to the code member affected and proceed in the hearing thereof as above provided,
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