mediation, conciliation, and arbitration, and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, except that the members, secretary, officers, employees, and agents of the Railroad Labor Board, in office upon the date of the passage of this Act shall receive their salaries for a period of 30 days from such date, in the same manner as though this Act had not been passed.

TITLE II

SEO. 201. [Added by 49 Stat. 1189, 45 U.S. C. 181] All of the provisions of title I of this Act, except the provisions of section 3 thereof. are extended to and shall cover every common carrier by air engaged in interstate or foreign commerce, and every carrier by air transporting mail for or under contract with the United States Government, and every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his service.

SEC. 202. [Added by 49 Stat. 1189, 45 U. S. C. 182] The duties, requirements, penalties, benefits, and privileges prescribed and estab lished by the provisions of title I of this Act, except section 3 thereof, shall apply to said carriers by air and their employees in the same manner and to the same extent as though such carriers and their employees were specifically included within the definition of "carrier" and "employee", respectively, in section 1 thereof.

SEC. 203. [Added by 49 Stat. 1189, 45 U.S. C. 183] The parties or either party to a dispute between an employee or a group of employees and a carrier or carriers by air may invoke the services of the National Mediation Board and the jurisdiction of said Mediation Board is extended to any of the following cases:

(a) A dispute concerning changes in rates of pay, rules, or working conditions not adjusted by the parties in conference.

(b) Any other dispute not referable to an adjustment board, as hereinafter provided, and not adjusted in conference between the parties, or where conferences are refused.

The National Mediation Board may proffer its services in case any labor emergency is found by it to exist at any time.

The services of the Mediation Board may be invoked in a case under this title in the same manner and to the same extent as are the disputes covered by section 5 of title I of this Act.

SEC. 204. [Added by 49 Stat. 1189, 45 U. S. O. 184] The disputes between an employee or group of employees and a carrier or carriers by air growing out of grievances, or out of the interpretation or applica tion of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on the date of approval of this Act before the National Labor Relations Board, 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 an appropriate adjustment board, as hereinafter provided, with a full statement of the facts and supporting data bearing upon the disputes.

It shall be the duty of every carrier and of its employees, acting through their representatives, selected in accordance with the provisions of this title, to establish a board of adjustment of jurisdiction not exceeding the jurisdiction which may be lawfully exercised by system, group, or regional boards of adjustment, under the authority of section 3, Title I, of this Act.

Such boards of adjustment may be established by agreement between employees and carriers either on any individual carrier, or system, or group of carriers by air and any class or classes of its or their employees; or pending the establishment of a permanent National Board of Adjustment as hereinafter provided. Nothing in this Act shall prevent said carriers by air, or any class or classes of their employees, both acting through their representatives selected in accordance with provisions of this title, from mutually agreeing to the establishment of a National Board of Adjustment of temporary duration and of similarly limited jurisdiction.

SEC. 205. [Added by 49 Stat. 1190, 45 U. S. C. 185] When, in the judgment of the National Mediation Board, it shall be necessary to have a permanent national board of adjustment in order to provide for the prompt and orderly settlement of disputes between said carriers by air, or any of them, and its or their employees, growing out of grievances or out of the interpretation or application of agreements between said carriers by air or any of them, and any class or classes of its or their employees, covering rates of pay, rules, or working conditions, the National Mediation Board is hereby empowered and directed, by its order duly made, published, and served, to direct the said carriers by air and such labor organizations of their employees, national in scope, as have been or may be recognized in accordance with the provisions of this Act, to select and designate four representatives who shall constitute a board which shall be known as the "National Air Transport Adjustment Board." Two members of said National Air Transport Adjustment Board shall be selected by said carriers by air and two members by the said labor organizations of the employees, within thirty days after the date of the order of the National Mediation Board, in the manner and by the procedure prescribed by title I of this Act for the selection and designation of members of the National Railroad Adjustment Board. The National Air Transport Adjustment Board shall meet within forty days after the date of the order of the National Mediation Board directing the selection and designation of its members and shall organize and adopt rules for conducting its proceedings, in the manner prescribed in section 3 of title I of this Act. Vacancies in membership or office shall be filled, members shall be appointed in case of failure of the carriers or of labor organizations of the employees to select and designate representatives, members of the National Air Transport Adjustment Board shall be compensated, hearings shall be held, findings and awards made, stated, served, and enforced, and the number and compensation of any necessary assistants shall be determined and the compensation of such employees shall be paid, all in the same manner and to the same extent as provided with reference to the National Railroad Adjustment Board by section 3 of title I of this Act. The powers and duties prescribed and established by the provisions of section 3 of title I of this Act with reference to the National Railroad Adjustment Board and the several

divisions thereof are hereby conferred upon and shall be exercised and performed in like manner and to the same extent by the said National Air Transport Adjustment Board, not exceeding, however, the jurisdiction conferred upon said National Air Transport Adjustment Board by the provisions of this title. From and after the organization of the National Air Transport Adjustment Board, if any system, group, or regional board of adjustment established by any carrier or carriers by air and any class or classes of its or their employees is not satisfactory to either party thereto, the said party, upon ninety days' notice to the other party, may elect to come under the jurisdiction of the National Air Transport Adjustment Board.

SEC. 206. [Added by 49 Stat. 1191, 45 U. S. C. 186] All cases referred to the National Labor Relations Board, or over which the National Labor Relations Board shall have taken jurisdiction, involving any dispute arising from any cause between any common carrier by air engaged in interstate or foreign commerce or any carrier by air transporting mail for or under contract with the United States Government, and employees of such carrier or carriers, and unsettled on the date of approval of this Act, shall be handled to conclusion by the Mediation Board. The books, records, and papers of the National Labor Relations Board and of the National Labor Board pertinent to such case or cases, whether settled or unsettled, shall be transferred to the custody of the National Mediation Board.

9

SEO. 207. [Added by 49 Stat. 1191, 45 U. S. C. 187] If any provision of this title or application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.

SEO. 208. [Added by 49 Stat. 1191, 45 U. S. O. 188] There is hereby authorized to be appropriated such sums as may be necessary for expenditure by the Mediation Board in carrying out the provisions of this Act.

April 10, 1936.

DECISION NO. 83 OF THE NATIONAL LABOR

BOARD1

In the Matter of THE AIR LINE PILOTS' WAGE DISPUTE.

No. 83. Hearings October 4 and 27, 1933 (before Fact Finding Committee), and December 14, 1933—Decided May 10, 1934.

The Air Line Pilots' Association and American Airways, Eastern Air Transport, Transcontinental and Western Air, United Air Lines, and Western Air Express jointly submitted to the National Labor Board, in September 1933, a wage dispute concerning the rate and method of payment for air pilots. The National Labor Board referred the matter to a fact-finding committee for study and recommendation and caused a detailed study of the wage situation in this industry to be made. The Board's decision had been withheld for several months because of the uncertain conditions in the industry resulting from the cancellation of the air-mail contracts in February. In view of the recent changes in the industry, the Board feels that a public service will be rendered by the issuance of a decision setting forth its views regarding a fair wage scale for air pilots.

The traditional method of computing pilots' wages on the basis of mileage flown was abandoned by the industry during the period from 1931 to 1933. The dispute was occasioned by the new rates which had been put into effect on October 1, 1933, by all the companies involved. These rates are on an hourly basis and provide for $4 an hour for day flying under 125 miles hourly speed, with 20 cents hourly increase to become effective at speeds of 126 miles, 141 miles, 156 miles, 176 miles, 201 miles, respectively. Two dollars an hour is added to each rate for night flying. In addition each pilot receives a base rate of $1,600 annually, increased by $200 for each year of service, up to a maximum of $3,000 a year. This base rate is paid regardless of whether the pilot engages in any flying.

The pilots insisted upon a return to the mileage basis of payment and proposed the following scale: 4 cents a mile for day flying and 7 cents a mile for night flying over ordinary terrain, with an increase to 5 cents and 9 cents a day for day and night flying, respectively, over hazardous terrain, plus a base rate of from $1,800 to $3,000 a year. The companies contended for the continuation of the October first rates. These rates provided for approximately the same compensation for all flights at the low rates of speed which had been customary in the past, but resulted in materially reduced compensation for flights at the increased speeds which the industry has been striving to introduce and attain.

1 See section 401 (k) (1) of the Federal Aviation Act. The National Labor Board was created on August 5, 1933, by the President (Executive Orders No. 6511, December 16, 1933; No. 6580, February 1, 1984; No. 6612-A, February 28, 1984) pursuant to title I of the National Industrial Recovery Act of June 16, 1988, 48 Stat. 195.

The October rates are inadequate for additional reasons. The differential paid for night flying as against day flying seems insufficient, the speeds at which the increased hourly rates would become effective seem impracticable, and the differential for the increased speeds does not sufficiently take into account the increased hazards and the probable increased earnings to be derived from the speedier equipment. The industry is on the threshold of technological improvement which will greatly accelerate the speed of airplane travel and which may result in some technological unemployment. The increase of speed will either greatly increase the mileage covered by the pilots or materially reduce their monthly hours of employment. If the pilots were to fly in the future the same number of hours as in the past and were paid on the same monthly basis, their monthly earnings would be greatly increased. Similarly, were the mileage basis to be continued and the hours of actual flying reduced, there would be no change in monthly earnings notwithstanding the sharp reduction in monthly hours. In either event, the pilot would receive the chief benefits accruing from the new equipment. The hourly basis of payment, on the other hand, does not adequately compensate the pilots for the increased mileage with the added hazards incident thereto. and results in a sharp decrease of earnings in the event that new equipment reduces the employment opportunities of the pilots. It would seem advisable, therefore, to adopt a basis of pay under which both the company and the employees would share in the benefits accruing from the new equipment and bear the burdens that will attend its introduction in the beginning. Various bases of compensation were accordingly studied that promised to attain this objective and a combination of both methods of payment was devised. The Board's report summarizing these studies was submitted to the parties for their criticism and suggestions. It thus appears that the method of payments recommended by the Board will impose no undue burdens upon the companies, that it can be administered without any practical difficulties, and that it provides an adequate basis of compensation for the pilots.

As the issues have been fully discussed with the parties and the considerations impelling the Board in reaching this decision have been outlined in an elaborate report, it is unnecessary to describe the issues here involved in any detail. In the attached chart the various methods of payment proposed by the parties and the Board are tabulated.

It is the decision of the National Labor Board on all the issues submitted that:

1. Eighty-five hours of flying shall constitute the monthly maximum for air pilots.

2. Experience has not crystallized sufficiently to put a maximum on the monthly mileage of air pilots.

3. The rate of base pay shall be $1,600 a year with an increase of $200 for each year of service up to a maximum of $3,000.

4. Air-line pilots shall be paid the base rate plus an hourly rate of $4, $4.20, $4.40, $4.60, $4.80, and $5 for day flying and $6, $6.30, $6.60, $6.90, and $7,20, and $7.50 for night flying at hourly speeds of under 125 miles, 125 miles, 140 miles, 155 miles, 175 miles, and 200 or more miles, respectively. In addition, at monthly mileages of under 10,000,