If a dispute between a carrier and its employees be not adjusted under the foregoing provisions of this chapter and should, in the judgment of the Mediation Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the Mediation Board shall notify the President, who may thereupon, in his discretion, create a board to investigate and report respecting such dispute. Such board shall be composed of such number of persons as to the President may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise interested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the President within thirty days from the date of its creation.
There is authorized to be appropriated such sums as may be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actually incurred for subsistence, of the members of the board. All expenditures of the board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman.
After the creation of such board and for thirty days after such board has made its report to the President, no change, except by agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose.
Notes of Decisions
Ry. Labor Executives Ass'n v. Boston & Maine Corp., 639 F. Supp. 1092 (D. Me. 1986).
· cites it 5× “86-0122-P to restore the status quo of the relationship between each carrier and its contract labor force pursuant to section 10 of the RLA ( 45 U.S.C. § 160 ). The labor dispute which underlies this claim arose out of negotiations prior to April 2, 1984, between the Maine…”
Detroit & Toledo Shore Line R.R. v. United Transp. Union, 396 U.S. 142 (1969).
· cites it 2× “586 , as amended, 45 U. S. C. § 160 , provides in part: "After the creation of such board and for thirty days after such board has made its report to the President, no change, except by agreement, shall be made by the parties to the controversy in the conditions out of which the…”
Chicago & North W. Ry. Co. v. United Transp. Union, 402 U.S. 570 (1971).
· cites it 2× “Since no emergency board was appointed by the President under § 10, 45 U. S. C. § 160 , [3] after the 30-day cooling-off period of § 5 had run, [4] the Act's prohibition against resort to self-help measures lapsed.”
Nw. Airlines Corp. v. Ass'n of Flight Attendants-CWA (In Re Nw. Airlines Corp.), 349 B.R. 338 (S.D.N.Y. 2006).
· cites it 3× “§§ 155 , 157; and the possibility of a Presidential Emergency Board, upon recommendation of the NMB, to be convened during such cooling-off period to seek resolution, followed by another 30-day cooling-off period after the Emergency Board’s recommendations, 45 U.S.C. § 160 .…”
Rutland Ry. Corp. v. Bhd. of Locomotive Engineers, 307 F.2d 21 (2d Cir. 1962).
· cites it 2× “586 (1926), as amended, 45 U.S.C.A. § 160 . The parties are required to comply with each stage in the above-described procedure before either may resort to self-help, and it is the statutory duty of the carrier not to alter rates of pay, rules, or working conditions, i.”
Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat'l Labor Relations Bd., 564 F.3d 469 (D.C. Cir. 2009).
“(quoting 45 U.S.C. § 160 (1976)). Our reliance on this distinction as a basis for our holding in Yardmasters strongly suggests — if not expressly states — that Yardmasters’ holding was not intended to apply in cases involving the adjudication of unfair labor practices, such as…”
R.R. Yardmasters of Am. v. Robert O. Harris, Chairman, Nat'l Mediation Bd., 721 F.2d 1332 (D.C. Cir. 1983).
“the Board’s role is perhaps best illustrated by its critical duty — which it discharged several times in the present case during the period when only one member was in office — of notifying the President that a labor dispute threatens “substantially to interrupt interstate…”
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