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from an adjustment board or otherwise.25 Disputes over wages must pass directly from the conference between representatives of carriers and employees to the Labor Board. 26
The quasi judicial activities may be classified as follows: A. Settlements of disputes involving grievances, rules, or working conditions
between carriers and their employees or subordinate-officers. (1) Disputes received from adjustment boards: (x) Cases where adjustment boards certify that they have failed
to reach a decision. (y) Cases where adjustment boards certify that they will fail to
reach a decision within a reasonable time. (z) Cases where Labor Board determines that adjustment boards
have failed or are not using due diligence.
(x) Upon application of chief executive of any interested carrier.
ployees or subordinate officers.
unorganized employees or subordinate officers. (3) Disputes received upon Labor Board's own motion, if substantial
interruption to commerce is threatened. B. Settlement of disputes as to wages and salaries between carriers and em
ployees or subordinate officers.
(x) Upon application of chief executive of any interested carrier.
ployees or subordinate officers. (z) Upon written petition signed by not less than 100 interested
unorganized employees or subordinate officers. (2) Disputes received upon Labor Board's own motion if substantial inter
ruption to commerce is threatened. (3) Affirmation or modification of suspended decisions. (4) Investigation and decision as to violations of decisions of Labor Board
or adjustment boards.
4. Administrative Activities
There are certain administrative duties, incidental to the judicial, such as sending copies of its decisions to the President, the Interstate Commerce Commission, the adjustment board, and parties to the dispute, 27 and certain publicity activities, 27 and hearings and decisions as to violation of the decisions of the Labor Board or an adjustment board.28 The board must 29 conduct investigations into economic conditions of the employees to determine the relative weights of the following elements :
25 41 Stat. 469, 470, 88302, 303, 307, par. (a) being Comp. St. Ann. Supp. 1923, 88 10071948, 1007144 ff, 1007144 ggg.
26 41 Stat. 470, $ 307, par. (b) being Comp. St. Ann. Supp. 1923, 1007114 ggg.
(1) The scales of wages paid for similar kinds of work in other industries; (2) The relation between wages and the cost of living; (3) The hazards of the employment; (4) The training and skill required; (5) The degree of responsibility; (6) The character and regularity of the employment; and (7) Inequalities of increases in wages or of treatment; the results of previous
wage orders or adjustments.” It must also gather and compile certain labor data, 30 and at least annually publish the decisions and regulations of the Labor Board and adjustment boards, together with all court and administrative decisions and regulations of the Interstate Commerce Commission in matters of board concern, and prepare a cumulative index-digest thereof.31
The Labor Board may refer to the proper adjustment board, if any exists, a dispute involving grievances, rules, or working conditions not settled in conference of representatives of carriers and employees, whenever substantial interruption of commerce is threatened. 32
The Railroad Labor Board is composed of nine members; three represent employees, three the carriers, and three the public. The employees' representatives are appointed from at least six nominees made by the employees under regulations prescribed by the Interstate Commerce Commission; the management group members are similarly chosen. The President appoints these and three representatives of the public, with the concurrence of the Senate 33
The Chairman of the board is elected by a majority of the members 34
Concurrence of at least five of the nine members is required in rendering the board's decisions on matters relating to wages or working conditions, and in all wage disputes one of the representatives of the public at least must concur. 35
The board is divided into three bureaus, each composed of one member from each group. The jurisdiction of the bureaus is as follows:
Bureau No. 1.—Matters relating to clerks, station employees, telegraphers, and analogous groups of workers.
30 41 Stat. 472, § 308, par. (3) being Comp. St. Ann. Supp. 1923, § 1007114h. See "Board's Wage Series," "Rules for Reporting Information on Railroad Employees, Together with a Classification and Index of Steam Railroad Occupations,” May, 1921; "Average Daily and Monthly Wage of Railroad Employees in Class 1 Carriers.”
31 41 Stat. 472, & 308, par. (5) being Comp. St. Ann. Supp. 1923, $ 1007144h. See "Decisions of the United States Railroad Labor Board,” Government Printing Office, Washington.
32 41 Stat. 469, $ 303 (Comp. St. Ann. Supp. 1923, $ 1007114ff).
33 41 Stat. 470, 88 304, 305 (Comp. St. Ann. Supp. 1923, 88 1007144 fff, 1007144g). See, ulso, Act June 12, 1922 (42 Stat. 635, 612).
34 41 Stat. 472, § 308, par. (1) being Comp. St. Ann. Supp. 1923, $ 1007114h.
Bureau No. 2.—Matters concerning shop crafts and maintenance of way workers.
Bureau No. 3.—Matters concerning men in the train and yard service and roundhouse employees.
The Staff is organized as follows: 1. General Administration.
(d) Senior Clerk.
(Disbursing, correspondence, recording, filing, etc.) 3. Functional Services. (a) Statistics.- Investigates validity of ex parte technical testimony offered
by the parties and prepares statistical and economic data necessary for the board's due evaluation of the seven factors mentioned in paragraph 4 supra, and computes for publication such reports as to
wages and working conditions as the board by law must publish. (b) Division of Dockets.— The Supervisor of Dockets has duties analogous
to those of a clerk of court.
6. Powers of the Board 36
The Labor Board shall hear, and as soon as practicable and with due diligence decide, any dispute involving grievances, rules, or working conditions, in respect to which any adjustment board certifies to the Labor Board that, in its opinion, the adjustment board has failed or will fail to reach a decision within a reasonable time, or in respect to which the Labor Board determines that any adjustment board has so failed or is not using due diligence in its consideration thereof. In case the appropriate adjustment board is not organized under the provisions of the act, the Labor Board (1) upon the application of the chief executive of any carrier or organization of employees or subordinate officials whose members are directly interested in the dispute, (2) upon a written petition signed by not less than 100 unorganized employees or subordinate officials directly interested in the dispute, or (3) upon the Labor Board's own motion, if it is of the opinion that the dispute is likely substantially to interrupt commerce, shall receive for hearing, and as soon as practicable and with due diligence decide, any dispute involving grievances, rules or working conditions which is not decided as provided by the act and which such adjustment board would be required to receive for hearing and decision under the provisions of the act.
The Labor Board (1) upon the application of the chief executive of any carrier or organization of employees or subordinate officials whose members are directly interested in the dispute, (2) upon a written petition signed by not less than 100 unorganized employees or subordinate officials directly interested in the dispute, or (3) upon the Labor Board's own motion if it is of the opinion that
36 Transportation Act Feb. 28, 1920 (41 Stat. 456, 469). See Penn. R. R. v. U. S. R. Labor Bd., 261 U. S. 72, 43 S. Ct. 278, 67 L. Ed. 536.
the dispute is likely substantially to interrupt commerce, shall receive for hearing, and as soon as practicable, and with due diligence decide, all disputes with respect to the wages or salaries of employees or subordinate officials of carriers not decided as provided in the act. The Labor Board may upon its own motion within 10 days after the decision of any dispute with respect to wages or salaries of employees or subordinate officials of carriers, suspend the operation of such decision if the Labor Board is of the opinion that the decision involves such an increase in wages or salaries as will be likely to necessitate a substantial readjustment of the rates of any carrier. The Labor Board shall hear any decision so suspended, and as soon as practicable and with due diligence decide to affirm or modify such suspended decision.
All decisions of the Labor Board shall be entered upon the records of the board, and copies thereof, together with such statement of facts bearing thereon as the board may deem proper, shall be immediately communicated to the parties to the dispute, the President, each adjustment board, and the commission, and shal! be given further publicity in such manner as the Labor Board may determine.
All the decisions of the Labor Board in respect to wages or salaries and of the Labor Board or an adjustment board in respect to working conditions of employees or subordinate officials of carriers shall establish rates of wages and salaries and standards of working conditions which in the opinion of the board are just and reasonable.
The Labor Board, in case it has reason to believe that any decision of the Labor Board or of an adjustment board is violated by any carrier, or employee or subordinate official, or organization thereof, may upon its own motion, after due notice and hearing to all persons directly interested in such violation, determine whether in its opinion such violation has occurred and make public its decision in such manner as it may
determine. 7. Railroad's Refusal to Submit; Not Conspiracy
The Supreme Court, in the early part of 1925, decided that refusal by railroad companies to submit to the Railroad Labor Board questions affecting the representatives of employees they will recognize in the settlement of disputes over wages and hours of labor does not constitute an unlawful conspiracy to defeat the provisions of the Transportation Act and to deprive labor unions of their
37 Penn. R. R. and Allied Lines Federation No. 90 v. Penn. R. R., 45 S. Ct. 307, 69 L. Ed.
UNITED STATES VETERANS' BUREAU
1. Origin and Mission
The United States Veterans' Bureau was established on August 9, 1921,1 for the purpose of consolidating under a single government agency all activities pertaining to the relief of disabled World War veterans and their dependents. This relief comprehends the providing of physical and industrial rehabilitation for the ex-service man; the adjudication of all compensation claims filed by disabled veterans and dependents of deceased veterans; the maintenance of insurance records of all veterans who have applied for and been granted insurance and are maintaining current premium payments thereon, and the adjudication of all claims filed on account of such insurance; and the providing of adjusted compensation for all veterans of the World War as provided in the World War Adjusted Compensation Act.? 2. History
The necessity for an organization of this character arose upon the entrance of the United States in the World War in 1917. The first requisite was for some method of protection for the service men and their dependents. To meet this need the Bureau of War Risk Insurance, which previously had been created to provide insurance for American vessels, their cargoes, etc., was authorized to issue yearly renewable term insurance certificates to those applying therefor,4 at a net peace-time rate, with no extra costs for war hazards or administration costs. The need also arose for additional relief for the families of men in service. This was provided in the form of family allowances, which the Bureau of War Risk Insurance was authorized to pay to dependents of those service men who allotted certain sums from their service pay to such dependents. Relief was also provided through the Bureau of War Risk Insurance in the form of compensation payments, which were made to those veterans who were discharged with disabilities. It was also found necessary to provide hospital care and medical treatment for those veterans who were discharged from service after having been injured or having contracted diseases which made them unfit for further service. The United States Public Health Service was charged with the responsibility of providing this relief. When the need arose for providing for vocational rehabilitation for those discharged with disabilities which resulted in a vocational handicap, the Rehabilitation Division of the Federal Board for Vocational Rehabilitation was charged with the responsibility for providing same.
142 Stat. 147.
4 Act Oct. 6, 1917 (40 Stat. 398), as amended by Act June 25, 1918 (40 Stat. 609 [Comp. St. Ann. Supp. 1919, § 514a et seq.]).
G Act March 3, 1919 (40 Stat. 1302 [Comp. St. Ann. Supp. 1919, § 9212aa et seq.)). 6 Act June 27, 1918 (40 Stat. 617 [Comp. St. Ann. Supp. 1919, 88 3078428-3078721]).