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29 CFR Part 301 — Rules of Procedure

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PART 301—RULES OF PROCEDURE Authority: Sec. 3, 44 Stat. 578, as amended; 45 U.S.C. 153. Source: Circular 1, Oct. 10, 1934, unless otherwise noted. § 301.1 General duties. (a) It shall be the duty of all carriers, their officers, agents and employees to exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to commerce or to the operation of any carrier growing out of any disputes between the carrier and the employees thereof. (b) All disputes between a carrier or carriers, and its or their employees shall be considered, and, if possible, decided, with all expedition, in conference between representatives designated and authorized so to confer, respectively, by the carrier or carriers and by the employees thereof interested in the dispute. § 301.2 Classes of disputes. (a) The disputes between an employee or group of employees and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on the date of approval of this act (June 21, 1934, 48 Stat. 1185; 45 U.S.C. 151-162), 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 the appropriate division of the Adjustment Board with a full statement of the facts and all supporting data bearing upon the disputes. (b) No petition shall be considered by any division of the Board unless the subject matter has been handled in accordance with the provisions of the Railway Labor Act, approved June 21, 1934. § 301.3 Organization. The National Railroad Adjustment Board was organized as of July 31, 1934, in accordance with the provisions of the Railway Labor Act, approved June 21, 1934. The said Adjustment Board is composed of four Divisions, whose proceedings shall be independent of one another. The First, Second and Third Divisions thereof are each composed of 10 members, and the Fourth Division thereof is composed of 6 members. § 301.4 Jurisdiction. (a) First Division. (b) Second Division. (c) Third Division. (d) Fourth Division. § 301.5 Form of submission. (a) Parties. (b) Statement of claim. (c) Statement of facts. (d) Position of employees. (e) Position of carrier. (f) Signatures. (g) Ex parte submission. § 301.6 General. (a) To conserve time and expedite proceedings all parties within the scope of the Adjustment Board should prepare submissions in such manner that the pertinent and related facts and all supporting data bearing upon the dispute will be fully set forth, thus obviating the need of lengthy briefs and unnecessary oral discussions. (b) All submissions shall be typewritten or machine prepared, addressed to the Secretary of the appropriate Division of the Adjustment Board, and fifteen copies thereof filed by the petitioner or petitioners. (c) Parties to a dispute are required to state in all submissions whether or not an oral hearing is desired. § 301.7 Hearings. (a) Oral hearings will be granted if requested by the parties or either of them and due notice will be given the parties of the time and date of the hearing. (b) The parties are, however, charged with the duty and responsibility of including in their original written submission all known relevant, argumentative facts and documentary evidence. § 301.8 Appearances. Parties may be heard either in person, by counsel, or by other representatives, as they may respectively elect. § 301.9 Awards. All awards of the Adjustment Board shall be signed by order of the appropriate Division thereof and shall be attested by the signature of its Secretary, as indicated thus: national railroad adjustment board, By Order of_____Division Attest:__________ [Secretary]

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