Page:United States Statutes at Large Volume 52.djvu/1151

 PUBLIC LAWS-CH. 680 -JUNE 25, 1938 Powers and duties of Board. 50 Stat. 315. 45 U. S. C., Supp. III, § 228j(b)4. Employees. 50 Stat. 319. 45 U. S. C., Supp. m, §§215-228. Civil service status. Employment of per- sonnel. 5 .S.. §631-652 661-674; Supp. III, § 673, 673c. Director of Unem- ployment Insurance, salary. Proisos. Preference among applicants. Certification for ap- pointment, basis of. Delegation of pow- ers. Exclusiveness of provisions; transfers from State unemploy- ment compensation accounts, etc. ployed employees; and to these ends to carry on and publish the results of investigations and research studies. (1) In addition to the powers and duties expressly provided, the Board shall have and exercise all the powers and duties necessary to administer or incidental to administering this Act, and in connection therewith shall have such of the powers, duties, and remedies pro- vided in section 10 (b) (4) of the Railroad Retirement Act of 1937, with respect to the administration of said Act, as are not inconsistent with the express provisions of this Act. A person in the employ of the Board under section 205 of the Act of Congress approved June 24, 1937 (50 Stat. 307), shall acquire a competitive classified civil- service status if, after recommendation by the Board to the Civil Service Commission, he shall pass such noncompetitive tests of fitness as the Civil Service Commission may prescribe. The Board may employ such persons and provide for their remu- neration and expenses, as may be necessary for the proper administra- tion of this Act. Such persons shall be employed and their remu- neration prescribed in accordance with the civil-service laws and the Classification Act of 1923, except that the Board may fix the salary of a Director of Unemployment Insurance at $10,000 per annum: Provided, That in the employment of such persons the Board shall give preference, as between applicants attaining the same grades, to persons who have had experience in railroad service, and notwith- standing any other provisions of law, rules, or regulations, no other preference shall be given or recognized: And provided further, That certification by the Civil Service Commission of persons for appoint- ment to any positions at minimum salaries of $4,600 per annum, or less, shall, if the Board so requests, be upon the basis of competitive examinations, written, oral, or both, as the Board may request. (m) The Board is authorized to delegate to any member, officer, or employee of the Board any of the powers conferred upon the Board by this Act, excluding only the power to prescribe rules and regulations. EXCLUSIVENESS OF PROVISIONS; TRANSFERS FROM STATE UNEMPLOYMENT COMPENSATION ACCOUNTS TO RAILROAD UNEMPLOYMENT INSURANOE ACCOUNT extdPment; term SEO. 13. (a) Effective July 1, 1939, section 907 (c) of the Social 49 St. S64 upp Security Act is hereby amended by substituting a semicolon for the I4, io107. period at the end thereof, and by adding: "(8) service performed in the employ of an employer as defined in the Railroad Unemployment Insurance Act and service performed as an employee representative as defined in said Act." Exclusiveness of (b) By enactment of this Act the Congress makes exclusive pro- provisions. vision for the payment of unemployment benefits for unemployment occurring after June 30, 1939, based upon employment (as defined Ante. p. 1095. in this Act). No employee shall have or assert any right to unem- ployment benefits under an unemployment compensation law of any State with respect to unemployment occurring after June 30, 1939, Legislative finding. based upon employment (as defined in this Act). The Congress finds and declares that by virtue of the enactment of this Act, the application of State unemployment compensation laws after June Ante, p. 1108. 30, 1939, to such employment, except pursuant to section 12 (g) of this Act, would constitute an undue burden upon, and an undue inter- ference with the effective regulation of, interstate commerce. In furtherance of such determination, after June 30, 1939, the term 49 Stat. 64 . "person" as used in section 906 of the Social Securit Act shall not mII42i C., upp. be construed to include any employer (as defined in this Act) or any [52 STAT.

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