prise shall be operated by the United States for the account of the employer, but that the employer may elect to waive all claims to the proceeds of the operation and to receive instead reasonable compensation for the period of seizure.

S. 832

SPONSORED BY SENATORS WILLIAMS AND KENNEDY, INTRODUCED FEBRUARY 17, 1971

Coverage: Labor disputes in the railroad and airline industries. Provisions: After the parties have exhausted all dispute-settlement procedures under the Railway Labor Act without reaching agreement, the employees may, subject to the limitations and obligations of partial operation described below, selectively strike any of the carriers involved in the dispute without concurrently striking all other carriers similarly involved. A "selective strike" in the railroad industry is defined as one in which not more than three carriers operating in any one of the eastern, western, or southeastern regions are struck at the same time and the total revenue ton-miles transported during the preceding year by the struck carriers in any such region represented not more than 40 percent of total revenue tonmiles transported in that region.

The bill provides for partial operation of struck carriers, as may be directed by the Secretary of Transportation. That official, after consultation with the Secretaries of Defense and Labor, shall determine the extent to which operations of any struck carrier or carriers are essential to the national health or safety, including, but not necessarily limited to, transportation of defense materials and of coal to generate electricity, and continued operation of passenger trains including commuter service. Determination of the Secretary of Transportation shall be conclusive unless shown to be arbitrary or capricious. Partial service and transportation shall be provided pursuant to the rates of pay, rules, and working conditions of existing

agreements.

Carriers which are not struck are prohibited from locking out their employees. However, where a carrier under section 6 of the Railway Labor Act has proposed changes to agreements affecting pay, rules, or working conditions, and all procedures of the act have been exhausted with respect to such changes without agreement being reached, the carrier may put those changes into effect, except where the proposal was made in response to or in anticipation of employee proposals.

S. 1934

SPONSORED BY SENATOR BROCK, INTRODUCED MAY 24, 1971

Coverage: Labor disputes which imperil the national health and safety, in any industry affecting commerce.

Provisions: Repeals the emergency disputes provisions of the Labor-Management Relations (Taft-Hartley) Act, and the Railway Labor Act.

Establishes a Management-Labor Commission of seven members appointed by the President for staggered terms of 14 years, with advice and consent of the Senate. In making appointments, the President would insure that the interests of management, labor, and the general public are adequately represented.

Directs the Commission to make conciliation, mediation, and arbitration services available to the parties in a dispute, if all such parties agree, when there is a likelihood that a national emergency strike or lockout will occur.

Requires the President, if he believes a national emergency strike or lockout is threatened or is in effect, to direct the Attorney General to petition the Management-Labor Commission to assume jurisdiction of the dispute. Authorizes the Commission to prohibit the strike or lockout for 110 days, absent prior agreement. Directs the Chairman of the Commission to designate two or more members of the Commission as a board of inquiry. Requires the board to report within 80 days, with recommendations for settlement. Disputant parties are given 30 days after the board report to come to agreement. Failing such settlement, the Management-Labor Commission is authorized to issue an order prescribing what the terms and conditions of employment will be.

Parties to disputes which do not meet the bill's national emergency criteria for jurisdiction may voluntarily seek the Commission's services. The bill anticipates, according to its Sec. 2(b), "that many intrastate activities which affect the public interest to a substantial degree will voluntarily partake of this facility. In addition to manufacturing and other businesses, such activities include the public service oriented professions of education, transportation, trash removal, and police and fire protection."

Establishes a Management-Labor Court composed of a chief judge and four assistant judges appointed by the President for staggered terms of 10 years, with advice and consent of the Senate. In making appointments, the President would insure that the interests of management, labor, and the general public are adequately represented.

Authorizes the Management-Labor Court to hear, determine, and render judgment with respect to all questions of law or fact arising under any order of the Management-Labor Commission. Decisions of the Court shall be final unless they are arbitrary or capricious or are violative of a right conferred by the Constitution, in which case the Supreme Court is given exclusive appellate jurisdiction.

Suspends the proceedings of the National Labor Relations Board in disputes over which the Commission is vested with jurisdiction.