National Mediation Board

“ But without a recommendation from the National Mediation Board to create -- to determine that an impasse has been reached that will substantially harm the economy, the President's hands are tied. He does not have the authority to intervene without action by the National Mediation Board. ”

“ No other orders under the Act, legally binding on employees, spring from acts of bargaining representatives. [14]
The petitioners may not have an opportunity to impeach or contest an award of a board of arbitration reached after collective bargaining. The negotiations between the certified representative and the carriers may not require orders of the Adjustment Board or the board of arbitration. Mediation may compose the differences. Sec. 5. In such cases there is no opportunity for the petitioners to intervene. ”

“ The Switchmen contended that yardmen of certain designated parts of the carrier property should be permitted to choose separately their own representatives instead of being compelled to take part in a carrier-wide election. [4]
The Board of Mediation is the agency created by statute to designate employees who may participate in the selection of representatives under the act. [5] The Board undertook to perform this function and made its findings and conclusions after presentation of the issues by the Brotherhood, the Switchmen and other intervenors. ”

“ Congress has long delegated to executive officers or executive agencies the determination of complicated questions of fact and of law. And where no judicial review was provided by Congress this Court has often refused to furnish one even where questions of law might be involved. ”

“ If, in selecting representatives to deal with the carriers, disputes arise among employees as to what organization they desire to represent them, it is the duty of the Board, on request of either party, to investigate and to certify in writing to the parties and to the carrier the names of the individuals or organizations that have been designated and authorized to represent the employees.
(5) If the National Railroad Adjustment Board undertakes arbitration, and it fails to select a referee, the Mediation Board has the duty of doing so. ”

“ The Railway Labor Act does not provide specifically for judicial review of the certification by the Mediation Board under Sec. 2, Ninth, of representatives, even though that certification is based upon an erroneous interpretation of the statute. ”

“ Where duties are delegated, as here, to administrative officers, those administrative officers are authorized to act only in accordance with the statutory standards enacted for their guidance. Otherwise we should risk administrative action, beyond or contrary to the legislative will. ”

“ The Mediator of the Republic is appointed by the President of the Republic, for a non-renewable mandate of six years, after the advice of the President of the National Assembly. He can be terminated in his functions, before the expiration of this time period, in case of incapacity declared by the Constitutional Council seized by the President of the Republic.
Article 117
The Mediator of the Republic cannot be prosecuted, arrested, detained or judged because of the opinions or acts emitted by him in the exercise of his functions. ”

“ The provisions of the act of 1898 creating the chairman of the Interstate Commerce Commission and the Commissioner of Labor a board of mediation in controversies between interstate railroads and their employees has, for the first time, been subjected to serious tests within the past year, and the wisdom of the experiment has been fully demonstrated. The creation of a board for compulsory investigation in cases where mediation fails and arbitration is rejected is the next logical step in a progressive program. ”

“ The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute or by the mediator himself, that the means of reconciliation proposed by him are not accepted. ”

“ Unless that test is met the assumption must be that Congress fashioned a remedy available only in other tribunals. There may be as a result many areas in this field where neither the administrative nor the judicial function can be utilized. But that is only to be expected where Congress still places such great reliance on the voluntary process of conciliation, mediation and arbitration. See H. Rep. No. 1944, 73d Cong., 2d Sess., p. 2. Courts should not rush in where Congress has not chosen to tread. ”

“ The tribunal that was expected to be a tyrant has proved to be a mediator. There are hardly any limits to its powers; but it is as conciliatory as it is powerful, and it leaves no stone unturned to bring parties together without the intervention of the law. ”

“ All the efforts of the mediator may often, of course, be useless, the differing parties being unable or unwilling to consent to an agreement. But if an understanding is arrived at, the position of the mediator as a party to the negotiation, although not a participator in the difference, frequently becomes clearly apparent either by the drafting of a special act of mediation which is signed by the States at variance and the mediator, or by the fact that in the convention between the conflicting States, which stipulates the terms of their understanding, the mediator is mentioned. ”

“ The book is illustrated with diagrams and sketches accompanying the text and folding maps are provided in a pocket at the end.
BARNETT, GEORGE ERNEST, and MCCABE, DAVID ALOYSIUS. Mediation, investigation, and arbitration in industrial disputes. *$1.25 (6c) Appleton 331.1 16-23810
“The book is based on a study of the activities of the American national and state agencies of mediation and arbitration. The elements of weakness in the present system are analyzed, and the necessary conditions for the successful working of such systems are set forth. ”

“ A Board of Arbitration (1895) has authority to make and publish investigations of all facts relating to strikes and lock-outs, to issue subpoenas for the attendance and testifying of witnesses, and “to adjust strikes or lock-outs by mediation or conciliation, without a formal submission to arbitration.” ”

“ The closer the relations between states become, the more their commercial interests are intertwined, the larger the part which mediation seems destined to play. It is true that states which have accepted the intervention of a mediator remain free to adopt or reject any advice he may give, but the advice of a disinterested power must always add considerable moral weight to the side towards which it inclines. ”

“ If the Commission is of the opinion that any complaint by an individual against an organisation may more appropriately be resolved by mediation, the Commission may, with the consent of the complainant and the organisation, refer the matter for mediation. ”

“ Other agencies of government, in interpreting and administering the provisions of statutes specifically entrusted to them for enforcement, must be cautious not to complicate the Commission's administration of its own act by assuming as a fixed and universal rule what the Commission itself may prefer to develop in a more cautious and pragmatic manner through case-by-case adjudication. ”

“ There is nothing in the statute, or in the principles governing judicial review of administrative action, which precludes the court from giving an administrative body an opportunity to meet objections to its order by correcting irregularities in procedure, or supplying deficiencies in its record, or making additional findings where these are necessary, or supplying findings validly made in the place of those attacked as invalid. ”

“ No judicial officer, officer of the Family Justice Courts or court-appointed mediator shall be liable to be sued for an act done by him for the purposes of any court proceedings, or any mediation or other alternative dispute resolution process conducted by him, in the Family Division of the High Court, a Family Court or a Youth Court, if the act—
(a) was done in good faith; and (b) did not involve any fraud or wilful misconduct on his part. ”

“ In regard to the legal duty of conflicting States to ask for good offices or mediation, it is obvious that, although literally such duty is agreed upon, the condition "as far as circumstances allow" makes it more or less illusory, as it is in the discretion of the parties to judge for themselves whether or not the circumstances of the special case allow their having recourse to good offices and mediation. ”

“ Although the State surely may not broadly prohibit individuals with a common interest from joining together to petition a court for redress of their grievances, it is equally certain that the State may impose reasonable regulations limiting the permissible form of litigation and the manner of legal representation within its borders. ”

“ In others such committees are created by Bar Associations, of which almost every State has one for the whole State, while several have also one or more local associations. It is the duty of such a committee to inquire into any instances of professional misconduct that may be brought to their notice and either institute proceedings for a hearing before themselves or bring the matter to the attention of the court, so that they may be instituted there by its order and conducted by the public prosecutor. ”

“ Cannot parties present a joint objection to testimony, and rest their case upon such objection? Is it the duty of the court to consider a matter which is not called to its attention, and make a ruling which it is not asked to make? Is it not the duty of the court to be impartial between the government and the defendant, and decide simply the questions which each party presents? Is it its duty to watch over the interests of either party, and to put into the mouth of counsel an objection which he does not make? ”

“ Whenever the legislative or executive authority, or lawful agent of any State in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question ”

“ We do not think the limiting words render the Administrative Procedure Act inapplicable to hearings, the requirement for which has been read into a statute by the Court in order to save the statute from invalidity. The exempt hearings of less than statutory authority, not those of more than statutory authority. We would hardly attribute to Congress a purpose to be less scrupulous about the fairness of a hearing necessitated by the Constitution than one granted by it as a matter of expediency. ”

“ There also, state law required the appointment of counsel for one on trial for the offense involved.
Those cases, which are the petitioner's chief reliance, do not rule this. The question we are now to decide is whether due process of law demands that, in every criminal case, whatever the circumstances, a State must furnish counsel to an indigent defendant. Is the furnishing of counsel in all cases whatever dictated by natural, inherent, and fundamental principles of fairness? ”

“ The enforcement of this rule has been repeatedly said to be essential to secure the peace and repose of society, and in order that an end may be made of controversies between parties who have once invoked and have had the determination by competent judicial tribunal of the matters in dispute between them. It is no less true that to hold upon any unsubstantial ground that a controversy has been thus concluded is to do an injustice to litigants. ”

“ The two high mediators and their Ministers are too enlightened not to perceive, that without this preliminary measure the Congress will send no person to Vienna, and that the King can make no attempts to engage them thereto, without incurring the danger of involving himself, by means whereof, and for the reasons already urged, the mediation will be stopped at its first outset. ”

“ Despite subsection (1) , an approved mediator need not conduct any mediation session for a specified employment dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation. ”

“ The right to consult with counsel prior to the commencement of an interrogation, moreover, cannot be limited to those interrogations that produce evidence for use in the State's case in chief. The interests of the defendant in the assistance of counsel in his confrontation with the prosecutorial forces of organized society extend to all efforts to elicit information from the defendant whether for use as impeachment or rebuttal at trial or simply to formulate trial strategy. ”

“ The object of extending the judicial power to controversies between citizens of different States was, to establish a common and impartial tribunal, equally related to both parties, for the purpose of deciding between them. This object would be defeated in many cases if the fact that a single one of many contestants on one side of a controversy being a citizen of the same State with one or more of the contestants on the other side, should have the effect of depriving the Federal courts of jurisdiction. ”

“ They show that the Committee has in a number of instances intended to assure a witness fair treatment, viz., the right to advice of counsel, or protection from undue publicity, viz., the right not to be photographed by television cameras. Rule IV, in providing for an executive session when a public hearing might unjustly injure a witness' reputation, has the same protective import. And if it is the witness who is being protected, the most logical person to have the right to enforce those protections is the witness himself. ”