A-44736, A-44740, SEPTEMBER 26, 1932, 12 COMP. GEN. 375

A-44736,A-44740: Sep 26, 1932

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IT IS ESSENTIAL THAT THE SALARY RATES OF ALL NEUTRAL MEMBERS OF THE ARBITRATION BOARDS AND OF ALL MEMBERS OF THE EMERGENCY BOARDS ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTIONS 7 (E) AND 10 OF THE RAILWAY LABOR ACT OF MAY 20. ARE CONTROLLED BY THE PROVISIONS OF SECTION 207 OF THE ECONOMY ACT. WE ARE SENDING TO YOU TWO COPIES FOR YOUR CONVENIENCE IN CONSIDERING OUR QUERIES. WHICH FOLLOW: IN THIS LAW SECTION 7 FIRST (E) PROVISION IS MADE. QUERY: IS ANY OF THE FOREGOING PROVISIONS. WE ARE SENDING TO YOU TWO COPIES FOR YOUR CONVENIENCE IN CONSIDERING OUR QUERIES. IN THIS LAW SECTION 10 PROVISION IS MADE (1) FOR THE FIXING BY THE PRESIDENT OF COMPENSATION FOR MEMBERS OF AN EMERGENCY BOARD APPOINTED BY THE PRESIDENT.

A-44736, A-44740, SEPTEMBER 26, 1932, 12 COMP. GEN. 375

ECONOMY ACT - BOARD OF MEDIATION - ARBITRATION AND EMERGENCY BOARDS - SALARY DEDUCTIONS - TRAVELING EXPENSES IN ORDER TO SHOW THE SAVINGS CONTEMPLATED BY THE ECONOMY ACT UNDER ALL APPROPRIATIONS FOR PERSONNEL FOR THE FISCAL YEAR 1933, IT IS ESSENTIAL THAT THE SALARY RATES OF ALL NEUTRAL MEMBERS OF THE ARBITRATION BOARDS AND OF ALL MEMBERS OF THE EMERGENCY BOARDS ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTIONS 7 (E) AND 10 OF THE RAILWAY LABOR ACT OF MAY 20, 1926, 44 STAT. 583 AND 586, BE FIXED AT RATES NOT IN EXCESS OF THE RATES PAID PRIOR TO JULY 1, 1932, FOR THE SAME OR SIMILAR DUTIES AND RESPONSIBILITIES, BUT SUBJECT TO THE 8 1/3 OR 10 PERCENT REDUCTION, SUCH PERCENTAGES TO BE DEDUCTED IN MAKING PAYMENTS TO THE OFFICERS AND IMPOUNDED. NEUTRAL MEMBERS OF THE ARBITRATION BOARDS AND ALL MEMBERS OF THE EMERGENCY BOARDS ESTABLISHED UNDER THE RAILWAY LABOR ACT OF MAY 20, 1926, 44 STAT. 583 AND 586, WHILE TRAVELING ON OFFICIAL BUSINESS, ARE CONTROLLED BY THE PROVISIONS OF SECTION 207 OF THE ECONOMY ACT, AND MAY BE REIMBURSED ONLY ON A PER DIEM IN LIEU OF SUBSISTENCE BASIS AT RATES NOT IN EXCESS OF THOSE PRESCRIBED BY THE STATUTE.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE BOARD OF MEDIATION, SEPTEMBER 26, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR TWO LETTERS DATED SEPTEMBER 17, 1932, AS FOLLOWS:

THE RAILWAY LABOR ACT--- PUBLIC, NO. 257, 69TH CONGRESS (H.R. 9463/- - EMBODIES THE PARTICULAR PROVISIONS OF LAW UNDER WHICH THE BOARD OF MEDIATION FUNCTIONS. WE ARE SENDING TO YOU TWO COPIES FOR YOUR CONVENIENCE IN CONSIDERING OUR QUERIES, WHICH FOLLOW:

IN THIS LAW SECTION 7 FIRST (E) PROVISION IS MADE---

(1) FOR THE FIXING BY THE BOARD OF MEDIATION OF COMPENSATION FOR CERTAIN ARBITRATORS (NEUTRALS, SO-CALLED);

(2) A PROVISION FOR AN ALLOWANCE FOR NECESSARY TRAVELING EXPENSES;

(3) "EXPENSE ACTUALLY INCURRED FOR SUBSISTENCE WHILE SERVING AS AN ARBITRATOR.'

QUERY: IS ANY OF THE FOREGOING PROVISIONS, (1), (2), OR (3) IN ANY WAY AFFECTED BY THE SO-CALLED ECONOMY ACT, AND IF SO, HOW?

THE RAILWAY LABOR ACT--- PUBLIC, NO. 257, 69TH CONGRESS (H.R. 9463/- - EMBODIES THE PARTICULAR PROVISIONS OF LAW UNDER WHICH THE BOARD OF MEDIATION FUNCTIONS. WE ARE SENDING TO YOU TWO COPIES FOR YOUR CONVENIENCE IN CONSIDERING OUR QUERIES, WHICH FOLLOW.

IN THIS LAW SECTION 10 PROVISION IS MADE

(1) FOR THE FIXING BY THE PRESIDENT OF COMPENSATION FOR MEMBERS OF AN EMERGENCY BOARD APPOINTED BY THE PRESIDENT;

(2) A PROVISION FOR AN ALLOWANCE FOR NECESSARY TRAVELING EXPENSES;

(3) "EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE OF MEMBERS OF THE BOARD.'

QUERY: IS ANY OF THE FOREGOING PROVISIONS (1), (2), OR (3) IN ANY WAY AFFECTED BY THE SO-CALLED ECONOMY ACT, AND IF SO HOW?

SECTION 7 (E) AND SECTION 10 OF THE RAILWAY LABOR ACT OF MAY 20, 1926, 44 STAT. 583 AND 586, PROVIDE AS FOLLOWS:

(E) EACH MEMBER OF ANY BOARD OF ARBITRATION CREATED UNDER THE PROVISIONS OF THIS ACT NAMED BY EITHER PARTY TO THE ARBITRATION SHALL BE COMPENSATED BY THE PARTY NAMING HIM. EACH ARBITRATOR SELECTED BY THE ARBITRATORS OR NAMED BY THE BOARD OF MEDIATION SHALL RECEIVE FROM THE BOARD OF MEDIATION SUCH COMPENSATION AS THE BOARD OF MEDIATION MAY FIX, TOGETHER WITH HIS NECESSARY TRAVELING EXPENSES AND EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE, WHILE SERVING AS AN ARBITRATOR.

SEC. 10. IF A DISPUTE BETWEEN A CARRIER AND ITS EMPLOYEES BE NOT ADJUSTED UNDER THE FOREGOING PROVISIONS OF THIS ACT AND SHOULD, IN THE JUDGMENT OF THE BOARD OF MEDIATION, THREATEN SUBSTANTIALLY TO INTERRUPT INTERSTATE COMMERCE TO A DEGREE SUCH AS TO DEPRIVE ANY SECTION OF THE COUNTRY OF ESSENTIAL TRANSPORTATION SERVICE, THE BOARD OF MEDIATION 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 HEREBY 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.

THE INDEPENDENT OFFICES APPROPRIATION ACT FOR THE FISCAL YEAR 1933, DATED JUNE 30, 1932, 47 STAT. 454, UNDER THE HEADING "BOARD OF MEDIATION," CONTAINS THE FOLLOWING ITEMS:

ARBITRATION BOARDS: TO ENABLE THE BOARD OF MEDIATION OT PAY NECESSARY EXPENSES OF ARBITRATION BOARDS, INCLUDING COMPENSATION OF MEMBERS AND EMPLOYEES OF SUCH BOARDS, TOGETHER WITH THEIR NECESSARY TRAVELING EXPENSES AND EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE SO EMPLOYED, * * * AS AUTHORIZED BY THE RAILWAY LABOR LAW * * * THE UNEXPENDED BALANCES OF THE APPROPRIATIONS FOR THIS PURPOSE FOR THE FISCAL YEARS 1930 AND 1931 ARE REAPPROPRIATED AND MADE AVAILABLE FOR THE FISCAL YEAR 1933.

EMERGENCY BOARDS: FOR EXPENSES OF EMERGENCY BOARDS APPOINTED BY THE PRESIDENT TO INVESTIGATE AND REPORT RESPECTING DISPUTES BETWEEN CARRIERS AND THEIR EMPLOYEES, AS AUTHORIZED BY SECTION 10, RAILWAY LABOR ACT, APPROVED MAY 20, 1926 (U.S.C., SUPP. V, AS TITLE 45, SEC. 154), THE UNEXPENDED BALANCE OF THE APPROPRIATION FOR THIS PURPOSE FOR THE FISCAL YEAR 1931 IS REAPPROPRIATED AND MADE AVAILABLE FOR THE FISCAL YEAR 1933.

THE NEUTRAL MEMBERS OF THE ARBITRATION BOARDS PROVIDED FOR UNDER SECTION 7 AND ALL OF THE MEMBERS OF THE EMERGENCY BOARDS PROVIDED FOR UNDER SECTION 10 OF THE RAILWAY LABOR ACT UNQUESTIONABLY RENDER SERVICES "IN OR UNDER" A "BRANCH OF SERVICE OF THE UNITED STATES GOVERNMENT; " AND AS THEIR COMPENSATION IS PAID ENTIRELY FROM APPROPRIATED FUNDS, AND AS THEY DO NOT COME WITHIN ANY OF THE OTHER 10 EXCEPTIONS TO THE TERMS "OFFICER" AND "EMPLOYEE" APPEARING IN SECTION 104 OF THE ECONOMY ACT, THEY ARE TO BE REGARDED AS OFFICERS WITHIN THE MEANING, AND SUBJECT TO THE RESTRICTIONS, OF TITLE I OF THE ECONOMY ACT. AS THEIR DUTIES ARE TEMPORARY, AND IT IS PRESUMED TO BE IMPRACTICABLE TO APPLY TO THEM THE 5-DAY WEEK OR LEGISLATIVE FURLOUGH UNDER SECTION 101 (A) OR (B) OF THE ECONOMY ACT, THEIR SALARY RATES, NOT IN EXCESS OF THE RATES PAID FOR SIMILAR SERVICES PRIOR TO JULY 1, 1932, ARE SUBJECT TO THE PERCENTAGE REDUCTIONS AT THE RATES FIXED IN SECTION 105 (D) OF THE ECONOMY ACT. 12 COMP. GEN. 84, 193, 221, 254. ANY AUTHORITY OTHERWISE VESTED BY THE RAILWAY LABOR ACT IN THE BOARD OF MEDIATION OR IN THE PRESIDENT OF THE UNITED STATES TO FIX SALARY RATES IN EXCESS OF THE RATES PAID FOR THE SAME OR SIMILAR SERVICES AS OF JUNE 30, 1932, HAS BEEN SUSPENDED DURING THE FISCAL YEAR 1933 BY THE PROVISIONS OF SECTIONS 202, 802, AND 803 OF THE ECONOMY ACT.

THEREFORE, IN ORDER TO SHOW THE SAVINGS CONTEMPLATED BY THE ECONOMY ACT UNDER ALL APPROPRIATIONS FOR PERSONNEL FOR THE FISCAL YEAR 1933 IT IS ESSENTIAL FOR THE SALARY RATES OF ALL NEUTRAL MEMBERS OF THE ARBITRATION BOARDS AND OF ALL MEMBERS OF THE EMERGENCY BOARDS TO BE FIXED AT RATES NOT IN EXCESS OF THE RATES PAID PRIOR TO JULY 1, 1932, FOR THE SAME OR SIMILAR DUTIES AND RESPONSIBILITIES, BUT SUBJECT TO THE 8 1/3 OR 10 PERCENT REDUCTION, SUCH PERCENTAGES TO BE DEDUCTED IN MAKING PAYMENTS TO THE OFFICERS AND IMPOUNDED.

SECTION 207 OF THE ECONOMY ACT AMENDS THE SUBSISTENCE EXPENSE ACT OF 1926 TO PROVIDE FOR A PER DIEM IN LIEU OF SUBSISTENCE AT RATES NOT TO EXCEED $5 WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES AND AN AVERAGE OF $6 BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES, PERMANENTLY DISCONTINUING THE AUTHORITY PREVIOUSLY EXISTING FOR REIMBURSEMENT OF TRAVELING EXPENSES ON AN ACTUAL EXPENSE BASIS. SECTION 210 OF THE ECONOMY ACT PROVIDES AS FOLLOWS:

THE PROVISIONS OF ALL ACTS HERETOFORE ENACTED INCONSISTENT WITH SECTIONS 207, 208, AND 209 ARE, TO THE EXTENT OF SUCH INCONSISTENCY, HEREBY REPEALED, AND SUCH SECTION SHALL TAKE EFFECT ON JULY 1, 1932.

ACCORDINGLY, NEUTRAL MEMBERS OF THE ARBITRATION BOARDS AND ALL MEMBERS OF THE EMERGENCY BOARDS WHILE TRAVELING ON OFFICIAL BUSINESS ARE CONTROLLED BY THE PROVISIONS OF SECTION 207 OF THE ECONOMY ACT, AND MAY BE REIMBURSED ONLY ON A PER DIEM IN LIEU OF SUBSISTENCE BASIS AT RATES NOT IN EXCESS OF THOSE PRESCRIBED BY THE STATUTE.