On June 16, 1933 the Emergency Railroad Transportation Act was approved, and section 7 (e) of this act provided that "carriers, whether under control of a judge, trustee, receiver, or private management, shall be required to comply with the provisions of the Railway Labor Act", and the provisions of section 77 (o), (p), and (q) of the Bankruptcy Act were also extended to all carriers. These provisions in the Bankruptcy and Emergency Acts were apparently merely steps in the direction of guaranteeing to all railroad employees the right to organize and bargain collectively, which later were included in the amended Railway Labor Act. For, after the amendments to the Railway Labor Act had been adopted and all roads in receivership were made subject to it, the provisions of paragraphs (0), (p), and (q) of section 77 were omitted from the Bankruptcy Act when this was again amended in August 1935. APPENDIX D Executive Order 9172, Establishing a Panel for the Creation of Emergency Boards for the Adjustment of Railway Labor Disputes Whereas, section 5 of the Railway Labor Act, as amended (ch. 8, title 45, U. S. C.) provides that for a period of thirty days after mediatory efforts of the National Mediation Board have failed to settle a dispute "no change shall be made in the rates of pay, rules, or working conditions or established practices in effect prior to the time the dispute arose"; and Whereas, duly designated and authorized representatives of employees may, during this thirty-day period, take a strike vote and fix a date for the strike to become effective; and Whereas, section 10 of the said Railway Labor Act requires the National Mediation Board to notify the President if an unadjusted dispute threatens, in its judgment, substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, and provides that upon receipt of such notification the President may, in his discretion, create a board to investigate and report respecting such dispute; and Whereas, the national interest demands that for the effective prosecution of the war, there shall be no strike votes taken, or dates fixed for the beginning of strikes, or strikes, lock-outs, embargoes put into effect, which would affect the transportation industry covered by the Railway Labor Act: Now, therefore, by virtue of the authority vested in me by the Constitution and the Statutes of the United States, and in order to adjust the policies and procedures under the said Act to the requirements of the war emergency, it is hereby ordered as follows: 1. There is hereby created, for the duration of the war and six months thereafter, a National Railway Labor Panel of nine members, hereinafter referred to as the Panel, to be appointed by the President, and to be qualified as to membership thereon in the same manner as provided in section 10 of the Railway Labor Act for membership on emergency boards. The President shall designate a chairman from the mem bers of the Panel and shall fill vacancies thereon as they may occur. The Chairman of the Panel shall receive such compensation, together with necessary traveing expenses, as the President may prescribe. The members of the Panel shall receive necessary travel expenses and subsistence expenses or per diem allowances in lieu thereof on such days as they are actually engaged in performance of duties pursuant to this Order. 2. Whenever a dispute between a carrier or carriers and its or their employees concerning changes in rates of pay, rules, or working conditions, or whenever any other dispute not referable to the National Railroad Adjustment Board, is not adjusted or settled under the provisions of sections 5, 6, 7, 8, and 9 of the Railway Labor Act, the duly designated and authorized representatives of employees involved in such dispute may, prior to notice by the National Mediation Board to the President of a threatened interruption to commerce, notify the Chairman of the Panel of the failure of the parties to adjust the dispute and of their desire to avoid the taking of a strike vote and the setting of a strike date. If, in the judgment of the Chairman of the Panel, the dispute is such that if unadjusted, even in the absence of a strike vote, it may interfere with the prosecution of the war, he may thereupon select three members of the Panel to serve as an emergency board to investigate such dispute and to report thereon to the President. Subject to the provisions of section 10, such board shall have exclusive and final jurisdiction of the dispute and shall make every reasonable effort to settle such dispute. 3. The National Mediation Board shall furnish the Panel stenographic, investigative, and such other facilities as may be necessary; and within the limits of the funds provided, and upon the certificaton of the Chairman of the Panel, shall make such other disbursements as are necessary to effectuate this order. THE WHITE HOUSE, FRANKLIN D. ROOSEVELT. May 22, 1942. APPENDIX E Executive Order 9299, Prescribing Regulations and Procedure with Respect to Wages and Salary Adjustments for Employees Subject to the Railway Labor Act By virtue of the authority vested in me by the Constitution and statutes of the United States, and more particularly by the act of October 2, 1942 (Public Law 729, 77th Cong.), it is hereby ordered: 1. No increases in the wage rates or salary of any employee subject to the provisions of the Railway Labor Act, whether granted as a result of voluntary agreement, collective bargaining, conciliation, arbitration, or otherwise, and no decreases in such wage rates or salary, shall be made except in accordance with the provisions of this order; provided, however, that nothing contained in this order or Executive Order No. 9250 shall be construed as affecting the procedure or limiting the jurisdiction of either the National Mediation Board, as defined in the Railway Labor Act, or the National Railway Labor Panel, as defined in Executive Order No. 9172, except as herein specifically set forth. 2. No carrier shall make any change in wage rates, except such changes as by general order of the National War Labor Board, or by regulations of the Commissioner of Internal Revenue, are permitted to be made without the specific approval of the Board or the Commissioner, as the case may be, unless notice of such proposed change shall have been filed with the Chairman of the National Railway Labor Panel, created by Executive Order No. 9172, and shall have been permitted to become effective as hereinafter provided. Notwithstanding section 4001.2 of the Regulations of the Economic Stabilization Director, for the purpose of determining what wage and salary adjustments may be made without any specific approval, the general orders of the National War Labor Board shall be applicabe to all employees subject to the Railway Labor Act, except those receiving salaries at the rate of $5,000 or more per annum in regard to whom the regulations of the Commissioner of Internal Revenue shall apply. But any adjustment of salary under $5,000 heretofore approved by the Commissioner shall not be affected by this order. 3. If the chairman of the National Railway Labor Panel has reason to believe that the proposed change, in wage rates or salary, may not conform to the standards prescribed in Executive Order No. 9250, or to the general stabilization program made effective thereunder, or to the directives on policy issued by the Economic Stabiliation Director thereunder and the proposed change is not modified to conform to such standards, program, and directives, he shall designate three members of the Panel as an Emergency Board to investigate the proposed change and to report to the President. Otherwise, the Chairman of the Panel may permit the proposed change to become effective. 4. Emergency Boards, whether designated pursuant to the Railway Labor Act, Executive Order No. 9172, or section 3 of this order, in reporting to the President shall certify that the recommendations in regard to any proposed change affecting wage and salary payments conform with the standards prescribed in Executive Order No. 9250, the general stabilization program made effective thereunder, and with the directives on policy issued by the Economic Stabilization Director thereunder. 5. Copies of the report with recommendations made to the President by any Emergency Board under section 4 of this order shall be filed by the Board forthwith with the Economic Stabilization Director, the National War Labor Board, and the Commissioner of Internal Revenue. The Economic Stabilization Director may on behalf of himself or other departments and agencies concerned, report to the President the effect of the recommendations on the general stalibilization program. Unless and except to the extent that the Economic Stabilization Director, shall otherwise direct, the recommendations of the Emergency Board in regard to proposed changes affecting wages and salary payments shall, upon the expiration of thirty days after the report is filed with the President, become effective. 6. The National War Labor Board and the Commissioner of Internal Revenue shall either rule on any application for approval of wage and salary adjustments now before the Board and the Commissioner or transfer it to the Chairman of the National Railway Labor Panel. The Board and the Commission shall not rule on any application hereafter made. THE WHITE HOUSE, February 4, 1943. FRANKLIN D. ROOSEVELT. |