B-127990, JUNE 8, 1956, 35 COMP. GEN. 687

B-127990, JUNE 8, 1956, 35 COMP. GEN. 687

APPROPRIATIONS - AVAILABILITY - PRINTING - DISSENTING AND SUPPORTING OPINIONS - NATIONAL RAILROAD ADJUSTMENT BOARD THE APPROPRIATION FOR SALARIES AND EXPENSES OF THE NATIONAL RAILROAD ADJUSTMENT BOARD IS AVAILABLE FOR THE COST OF PRINTING DISSENTING AND SUPPORTING OPINIONS RENDERED IN CONNECTION WITH AWARDS MADE BY THE BOARD, PROVIDED IT IS ADMINISTRATIVELY DETERMINED TO BE NECESSARY IN CARRYING OUT THE OBJECTIVES FOR WHICH THE BOARD WAS ESTABLISHED.

TO THE CHAIRMAN, NATIONAL MEDIATION BOARD, JUNE 8, 1956:

REFERENCE IS MADE TO YOUR LETTER OF MAY 17, 1956, REQUESTING AN OPINION AS TO WHETHER THE APPROPRIATION " SALARIES AND EXPENSES, NATIONAL RAILROAD ADJUSTMENT BOARD, NATIONAL MEDIATION OARD" IS AVAILABLE FOR THE PRINTING OF EITHER DISSENTING OR SUPPORTING OPINIONS FOLLOWING AN AWARD.

UNDER THE PROVISIONS OF SECTION 3 OF THE RAILWAY LABOR ACT, AS AMENDED, 48 STAT. 1189, 45 U.S.C. 153, THE NATIONAL RAILROAD ADJUSTMENT BOARD IS EMPOWERED TO EXERCISE JURISDICTION OVER AND TO SETTLE DISPUTES BETWEEN INDIVIDUALS OR GROUPS OF EMPLOYEES AND CARRIERS "GROWING OUT OF GRIEVANCES OR OUT OF THE INTERPRETATION OR APPLICATION OF AGREEMENTS CONCERNING RATES OF PAY, RULES, OR WORKING CONDITIONS" AND, AFTER HEARINGS CONDUCTED IN THE MANNER PRESCRIBED IN THE STATUTE, TO MAKE FINDINGS OF FACT ON THE PARTICULAR ISSUES INVOLVED AND TO MAKE APPROPRIATE "AWARDS" IN FINAL SETTLEMENT OF SUCH MATTERS. SUBPARAGRAPH (M), SECTION 3 OF THE ACT, 48 STAT. 1191, 45 U.S.C. 153 (M), PROVIDES:

(M) THE AWARDS OF THE SEVERAL DIVISIONS OF THE ADJUSTMENT BOARD SHALL BE STATED IN WRITING. A COPY OF THE AWARDS SHALL BE FURNISHED TO THE RESPECTIVE PARTIES TO THE CONTROVERSY, AND THE AWARDS SHALL BE FINALAND BINDING UPON BOTH PARTIES TO THE DISPUTE * * *.

IN THE EVENT A CARRIER FAILS TO COMPLY WITH AN ORDER OF THE BOARD, SUBPARAGRAPH (P), SECTION 3 OF THE RAILWAY LABOR ACT, 48 STAT. 1192, 45 U.S.C. 153 (P), AUTHORIZES THE COMPLAINANT TO FILE A PETITION IN THE APPROPRIATE DISTRICT COURT OF THE UNITED STATES, SETTING FORTH BRIEFLY THE CAUSES FOR WHICH HE CLAIMS RELIEF, TOGETHER WITH A COPY OF THE ORDER OF THE BOARD. UNDER THE PRESCRIBED PROCEDURE SET FORTH IN THE STATUTE, THE COURT IS REQUIRED TO CONSIDER THE ORDER OF THE BOARD AND THE FINDINGS UPON WHICH IT IS BASED AS "PRIMA FACIE EVIDENCE OF THE FACTS THEREIN STATED.' IN THE CERTIFYING OFFICER'S LETTER--- QUOTED IN PART IN YOUR COMMUNICATION --- IT IS STATED THAT THE AWARDS MADE BY THE NATIONAL RAILROAD ADJUSTMENT BOARD "USUALLY CONTAIN A FULL STATEMENT OF THE FACTS AND THE SUPPORTING DATA BEARING UPON THE DISPUTES.'

IT APPEARS THAT THE NATIONAL MEDIATION BOARD AND ITS AFFILIATED ORGANIZATIONS FUNCTION NOT ONLY IN THE CAPACITY OF A FACTFINDING BODY, BUT IN A QUASI-JUDICIAL CAPACITY AS WELL, AND THAT THE FINAL AWARDS AND ORDERS OF THE BOARD ARE RENDERED AFTER ANALYSIS OF ALL THE FACTS IN A PARTICULAR CASE, AND THE LAW FOUND BY THE BOARD TO BE APPLICABLE THERETO. IT MAY BE OBSERVED THAT IT IS A COMMON PRACTICE FOR COURTS AND QUASI-JUDICIAL BODIES TO PUBLISH ANY CONCURRING AND DISSENTING OPINIONS RENDERED IN CONNECTION WITH THEIR DECISIONS, SUCH OPINIONS BEING USEFUL IN THE CONSIDERATION OF THE ISSUES IN THE EVENT OF APPELLATE OR OTHER FURTHER PROCEEDINGS.

THE CURRENT APPROPRIATION FOR THE NATIONAL RAILROAD ADJUSTMENT BOARD (69 STAT. 411) IS MADE AVAILABLE " FOR EXPENSES NECESSARY" FOR THE BOARD. THEREFORE, SHOULD IT BE ADMINISTRATIVELY DETERMINED BY THE BOARD THAT THE PRINTING OR PUBLICATION OF DISSENTING AND CONCURRING OPINIONS INVOLVED IN AWARDS ARE "NECESSARY" IN CARRYING OUT THE OBJECTIVES AND PURPOSES FOR WHICH THE BOARD WAS CREATED, THERE IS PERCEIVED NO LEGAL OBJECTION TO THE PRINTING OF SUCH OPINIONS AND MAKING PAYMENT THEREFOR FROM THE APPROPRIATION IN QUESTION.