Lapas attēli
PDF
ePub

22

bargaining, strikes, or lockouts affecting an entire indus

try or region, or substantial portion thereof;

(4) such other problems and subjects which relate

1

2

3

4

5

as the Commission deems appropriate.

6

in any way to collective bargaining, strikes, or lockouts

(d) A vacancy in the membership of the Commission 7 shall not affect the powers of the remaining members to ex8 ecute the functions of the Commission, and shall be filled in 9 the same manner as the original appointment was inade. The 10 President shall designate a Chairman and a Vice Chairman 11 from among its members.

12

(e) In carrying out its duties, the Commission or any 13 duly authorized subcommittee thereof, is authorized to hold 14 such hearings or investigations, to sit and act at such places 15 and times, to require by subpena or otherwise the at16 tendance of such witnesses and production of such books, 17 papers, and documents, to administer such oaths, to take such 18 testimony, to produce such printing and binding, to make 19 such expenditures as it deems advisable. The Commission 20 may make such rules respecting its organization and proce21 dures as it deems necessary: Provided, however, That no 22 recommendation shall be reported from the Commission un23 less a majority of the Commission assent. Subpenas may be 24 issued over the signature of the Chairman of the Commission 25 or by any member designated by him or by the Commission,

23

1 and may be served by such person or persons as may be 2 designated by such Chairman or member. The Chairman of 3 the Commission or ́any member thereof may administer oaths 4 to witnesses. The cost of stenographic services shall be fixed 5 at an equitable rate by the Commission. Members of the 6 Commission, and its employees and consultants, while travel7 ing on official business for the Commission may receive either 8 a $50 per diem allowance or their actual and necessary ex

9

penses provided an itemized statement of such expenses is 10 attached to the voucher.

11 (f) The Commission is empowered to appoint and fix 12 the compensation of such experts, consultants, technicians, 13 and staff employees as it deems necessary and advisable. The 14 Commission is authorized to utilize the services, information, 15 facilities, and personnel of the departments and establishments 16 of the Government.

17

SEC. 302. The Commission shall, within a period of 18 two years from the date of the appointment of its mem19 bers, report to the President concerning its findings. Such 20 report shall also contain any recommendations for dealing 21 with problems caused by any weaknesses in the collective22 bargaining process, including any recommendations for legis23 lation which the Commission deems necessary to the solu24 tion of such problems. The Commission may also recom25 mend, if it deems it advisable, legislation to bring other

24

1 industries within the coverage of part B of title II of the

2 Labor-Management Relations Act, as amended.

3

4

5

TITLE IV

MISCELLANEOUS PROVISIONS

SEC. 401. SUITS: BY AND AGAINST REPRESENTA6 TIVES. (a) Suits for violation of agreements or arrange7 ments between carriers or common carriers by air and their

employees or the representatives thereof, as those terms are 9 defined in the Railway Labor Act, or between any such representatives, may be brought in any district court of the 11 United States having jurisdiction of the parties, without

10

12

respect to the amount in controversy or without regard to 13 the citizenship of the parties.

14

15

(b) Any representative of employees, as defined in the

Railway Labor Act, and any carrier or common carrier by 16 air, as defined in the Railway Labor Act, shall be bound 17 by the acts of its agents. Any such representative may sue

18

or be sued as an entity and in behalf of the employees whom 19 it represents in the courts of the United States. Any money

20

judgment against such representative in a district court of 21 the United States shall be enforceable only against the 22 organization as an entity and against its assets, and shall not be enforceable against any individual member or his

23

assets.

25

1 (c) For the purpose of actions and proceedings by or 2 against representatives in the district courts of the United 3 States, district courts shall be deemed to have jurisdiction 4 of a representative (1) in the district in which such orga5 nization maintains its principal office, or (2) in any district. 6 in which its duly authorized officers or agents are engaged 7 in representing or acting for employee members.

8

9

10

(d) The service of summons, subpena, or other legal process of any court of the United States upon an officer

or agent of a representative, in his capacity of such, shall 11 constitute service upon the representative.

12 (e) For the purposes of this section in determining

13 whether any person is acting as an "agent" of another person

14

15

so as to make such other person responsible for his acts, the

question of whether the specific acts performed were actually 16 authorized or subsequently ratified shall not be controlling. 17 SEC. 402. REPEAL.-Sections 5, 7, 8 (both), 9, and

18

10 of title I, and sections 203 and 205 of title II of the 19 Railway Labor Act, as amended, are hereby repealed.

20

SEC. 403. INAPPLICABILITY OF THE NORRIS-LA

21 GUARDIA ACT.-The provisions of the Act of March 23,

[ocr errors]

23

1932, entitled "An Act to amend the Judicial Code and

to define and limit the jurisdiction of courts sitting in equity,

24 and for other purposes", shall not be applicable to any

26

1 judicial proceeding brought under or to enforce the pro

2 visions of this Act.

3

SEC. 404. RIGHTS OF EMPLOYEES.-Nothing in this Act 4 shall be construed to require an individual employee to render 5 labor or service without his consent, nor shall anything in 6 this Act be construed to make the quitting of his labor by an 7 individual employee an illegal act; nor shall any court issue 8 any process to compel the performance by an individual 9 employee of such labor or service, without his consent; nor 10 shall the quitting of labor by an employee or employees in 11 good faith because of abnormally dangerous conditions for 12 work at the place of employment of such employee or em13 ployees be deemed a strike under this Act.

14

SEC. 405. RAILROAD UNEMPLOYMENT INSURANCE.15 Section 4 (a) (v) of the "Railroad Unemployment Insurance 16 Act of 1938" (52 Stat. 1098) is hereby amended by in17 serting a semicolon following the words "at which he was 18 last employed" and striking the remaining language in the 19 paragraph.

20

SEC. 406. APPROPRIATIONS.-There are hereby author21 ized to be appropriated such sums as may be necessary to

བཟླ

23

[ocr errors]

carry out the provisions of this Act.

SEC. 407, SEPARABILITY.—If any provision of this Act,

24 or the application of such provision to any person or circum

« iepriekšējāTurpināt »