telephone, law books, books of reference, periodicals, furniture, stationery, office equipment, and other supplies and expenses, including salaries, traveling expenses of its members, secretary, officers, employees, and agents, and witness fees, as are necessary for the efficient execution of the functions vested in the board by this title and as may be provided for by Congress from time to time. All of the expenditures of the Labor Board shall be allowed and paid upon the presentation of itemized vouchers therefor approved by the chairman of the Labor Board. Sec. 315. There is hereby appropriated for the fiscal year ending June 30, 1920, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary, to be expended by the Labor Board, for defraying the expenses of the maintenance and establishment of the board, including the payment of salaries as provided in this title. Sec. 316. The powers and duties of the Board of Mediation and Conciliation created by the Act approved July 15, 1913; shall not extend to any dispute which may be received for hearing and decision by any Adjustment Board or the Labor Board. The Commission has issued its rulings as follows: "Paragraph 5 of section 300 of the Transportation Act, 1920, provides: (5) The term "subordinate official" includes officials of carriers of such class or rank as the Commission shall designate by regulation formulated and issued after such notice and hearing as the Commission may prescribe to the carriers, and employees and subordinate officials of carriers, and organizations thereof, directly to be affected by such regulations. "Public hearing having been had on March 15, 1920, 'for the purpose of determining what classes of officials of carriers. shall be included within the term "subordinate official," as that term is used in section 300 to 313, both inclusive, of said Transportation Act, 1920,' the Commission prescribes that the term 'subordinate official'"' as used in said portions of said act shall include the following: Claim Agents. This class shall include district claim agents and those lower in rank, who are not vested with authority to settle claims, with or without limit, or to bind the company to pay claims, without securing such authority after reporting to a superior officer. Engineers of Mechanics. This class shall include civil engineers inferior in rank to engineers of maintenance of way, chief engineers and division engineers, draughtsmen, engineers of maintenance of way, and other engineers of mechanics who are not vested with authority to employ, discipline or dismiss subordinates. Foremen. This class shall include foremen of mechanics, shops, tracks, bridges, etc., who are not vested with authority to employ, discipline or dismiss subordinates. Supervisors of Signals. This class shall include those who are employed as supervisors of signals with rank below the grade of assistant supervisor of signals. Yard Masters. This class shall include yard masters and assistant yard masters who are not vested with authority to employ, discipline or dismiss employees. It does not include general yard masters at large and important switching centers where of necessity such general yard master is vested with responsibilities and authority that stamp him as an official. Train Dispatchers. This class shall include train dispatchers who are not vested with the authority to employ, discipline or dismiss employees. Storekeepers. This class shall include storekeepers or foremen of stores who are not vested with authority to employ, discipline or dismiss employees or to make purchases. It does not include general storekeepers or assistant storekeepers. "The above definitions include all of the classes of employees whose claims to recognition as 'subordinate officials' were presented at the hearing, except traveling auditors and supervisory station agents. The traveling auditors have a fiduciary relationship to the company. Their duties and responsibilities vary, but all partake of the same specific relationship of trust. The supervisory station agents are those who have supervision of the work of other station employees. They cover the range from the station where one employee other than the agent is employed to the agents at the largest and most important points. They are the official and responsible representatives of the company in its relationships with the public and fre quently in a legal sense. Their compensation naturally varies with the responsibilities of their positions. It is not believed that either of these classes can be consistently included within the term 'subordinate official,' as that term is used in Title III of the Transportation Act 1920. "The list of subordinate officials above prescribed may be enlarged or restricted after due notice and hearing if and when occasion warrants." On March 8, 1920, acting under authority of section 305 Transportation Act 1920, the Commission ordered: "For the purpose of making and offering nominations for original appointment as members of the labor group on the labor board the Commission prescribes that the organizations of employees shall be grouped as follows. Group 1-Brotherhood of Locomotive Engineers. Brotherhood of Locomotive Firemen and Engine men. Order of Railway Conductors. Brotherhood of Railroad Trainmen. Group 2-International Association of Machinists. International Brotherhood of Boilermakers, Iron Amalgamated Sheet Metal Workers, International Brotherhood Railway Carmen of America. International Brotherhood of Electrical Workers. Group 3-Order of Railroad Telegraphers. United Brotherhood of Maintenance of Way Em- Brotherhood of Railway Signalmen of America. International Brotherhood of Stationary Firemen "The accredited representatives of the organization embraced in each group and duly authorized so to act, shall agree among themselves upon nominees representative of the group, but the three groups must present a total of not less than six nominees. "The nominations agreed upon by each group shall be signed by the representatives of the several organizations in the group or by some one authorized by them so to act and shall be transmitted direct to the President accompanied by a certificate that the nominations have been made in accordance with these regulations. "The Association of Railway Executives is representative of approximately 95 per cent of the railroad mileage of the country and is authorized by the carriers' members thereof to speak for and represent them in matters of this kind. The officers of that association have consulted with most of the carriers not members of the association and secured their assent to the presentation of nominees by the association. "For the purpose of presenting nominees for original appointment on the Labor Board to represent the management group the Commission prescribes that such nominations, not less than six in number, shall be made and offered by the Association of Railway Executives. "The nominations so made shall be transmitted to the President accompanied by a certificate that they have been made in accordance with these regulations. "The Act provides in section 304 that any vacancy on the Labor Board shall be filled in the same manner as the original appointment. There is no specific provision for modification of the regulations prescribed by the Commission, but the authority to prescribe regulations is believed in the absence of provision to the contrary to also confer authority to modify them if and as occasion or necessity for such modification should arise." The supplemental regulations governing the making and offering of nominations for appointment of members of the Kailroad Labor Board adopted March 23, 1920, follows: "Under date of March 8, 1920, the Commission prescribed a grouping of organizations of employees for the purpose of making and offering nominations for original appointment as members of the labor group on the Railroad Labor Board provided for by section 304 of the Transportation Act 1920. "By reason of the fact that section 305 of that act contemplated the making of nominations and offering of nominees in accordance with the regulations of the Commission, within 30 days after the passage of the act, the Commission prescribed the aforesaid regulations with a view to the most expeditious making and offering to the President of nominations representative of the great bulk of those to be represented by the labor group. We are of opinion that the intent and purpose of the Transportation Act, 1920, is that the three members of the Labor Board representing the labor group shall be primarily representative of the rank and file of the employees. We were and are of the opinion that the overwhelming majority of those to be represented by the labor group are members of or represented through the organizations of employees named and grouped in our regulations of March 8, 1920. "Since the issuance of the regulations aforesaid, representation as to their right to nominate members of the labor group has been made to the Commission by certain organizations whose members are not in certain cases, members of the organizations named in those regulations. These representations include certain employees of sleeping car companies. "Paragraph (1) of section 304 of the Transportation Act, 1920, reads as follows: Section 304. There is hereby established a board to be known as the "Railroad Labor Board" and to be composed of nine members as follows: (1) Three members constituting the labor group, representing the employees and subordinate officials of the carriers, to be appointed by the President, by and with the advice and consent of the Senate, from not less than six nominees whose nominations shall be made and offered by such employees in such manner as the Commission shall by regulation prescribe; "It is to be observed that the three members constituting the labor group are to represent 'the employees and subordinate officials of the carriers' and that, from not less than six nominees these nominations are to be made and offered by 'such employees in such manner as the Commission shall by regulations prescribe.' |