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73d C ONGRESS . SESS. II. CH. 691 . JUNE 21, 1934 . Filling vacancies . "( d) In case of a permanent or temporary vacancy on the Adjust- ment Board, the va cancy shall be filled by se lection in th e same manner as in the original selection . Med iatio n Bo ard to "(e) If either the carriers or the labor organizations of the em- select represcntative if none provided .
ployees fail to select and designate representatives to the Adjustment Board, as provided in paragraphs (b) and (c) of this section, respec- tive ly, wit hin si xty day s after the p assage of this Act, in case of any original appointment to office of a member of the Adjustment Board, or in case of a vacancy in any such office within thirty days after such vacancy occurs, the Mediation Board shall thereupon directly make the appointment and shall select an individual associated in interest with the carriers or the group of labor organizations of employees, whichever he is to represent . Labor organization "(f) In the event a dispute arises as to the right of any national representation. labor organization to participate as per paragraph (c) of this section in the selection and designation of the labor members of the Adjust- ment Boar d, the Secreta ry of Labor s hall investig ate the claim of such labor organization to participate, and if such claim in the judgment of the Secretary of Labor has merit, the Secretary shall notify th e Mediation Bo ard according ly, and withi n ten days aft er receipt of such advice the Mediation Board shall request those national labor organizations duly qualified as per paragraph (c) of this section to participate in the selection and designation of the labor mem bers of the Ad justment Boar d to select a representativ e . Selection of investi- Such representative, together with a representative likewise desig- gation board . nated by the claimant, and a third or neutral party designated by the Mediation Board, constituting a board of three, shall within thirty days after the appointment of the neutral member, investigate the claims of the labor organization desiring participation and decide whether or not it was organized in accordance with section 2 Findings final . hereof and is otherwise properly qualified to participate in the selec- tion of the labor members of the Adjustment Board, and the findings of such boards of three shall be final and binding . Compensation . "(g) Each member of the Adjustment Board shall be compen- sated by the party or par ties he is to represent . Each third or neutral party selected under the provisions of (f) of this section shall receive from the Mediation Board such compensation as the Traveling and su b- Mediation Board may fix, together with his necessary traveling sistence . expenses and expenses actually incurred for subsistence, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while serving as such third or neutral party . A djust ment Board .
"( h) The said Adjustme nt Board shall be composed of four divi- Divisions and func- sions, whose proceedings shall be independent of one another, and tion .
the said divisions as well as the number of their members shall be as follows : First division .
" First division : To have jurisdiction over disputes involving Jurisdiction over ai s- putesinvolving train, train- and yard- service employee s of carriers ; that is, engineers, fire- engine, and yard serv- men, hostlers, and outside hostler helpers, conductors, trainmen, and ice.
yard-service employees . This division shall consist of ten members, five of whom shall be selected and designated by the carriers and five of whom shall be selected and designated by the national labor organizations of the employees . Second division .
" Second division : To have jurisdiction over disputes involving force s . mecbanical machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, car men, the helpers and apprentices of all the foregoing, coach cleaners, power-house employees, and railroad-shop laborers . This division shall consist of ten members, five of whom shall be selected by the carriers and five by the national labor organizations of the employees .
