Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
_Control of Domestic Common Carriers_: The Emergency Railroad
Transportation Act of 1933 was designed to facilitate rehabilitation of
the depression ridden American railroads. An Act addressed to economic
rather than military emergency, it had nonetheless military overtones.
The maintenance of an efficiently functioning railroad system capable
of meeting potential American defense needs was an objective that could
not be overlooked in the formulation of a successful railroad policy.
The Act set up a Coordinator of Transportation who was to divide the
railroad lines into three groups: eastern, southern, and western.[397]
A number of railroad coordinating committees were created to carry out
the purposes of the Act--i.e., elimination of unnecessary duplication
of services and facilities, control of allowances, etc., and avoidance
of undue impairment of net earnings, and other wastes and preventable
expense, and promotion of financial reorganization.[398] Whenever
unable to carry out these reforms the committees were to recommend
action to the Coordinator who might, at his discretion, issue an order
embodying their recommendations. When the committees failed to act on
matters brought to their attention by the Coordinator he was authorized
and directed to issue and enforce such order, giving appropriate
directions to the carriers and subsidiaries subject to the Interstate
Commerce Act as he found to be consistent with the public interest.[399]
Like the N.I.R.A. the Act contained a provision dealing with labor
relations. The Railroads were prohibited from reducing the number of
their employees below the number as shown by the pay rolls of employees
in service during the month of May, 1933, after deducting the number
who had been removed from the payrolls after the effective date of
the Act by reason of death, normal retirement, or resignation.[400]
A regional committee system was established for the representation
of employees, and provision made for regional boards of adjustment
to settle controversies between carriers and employees. Carriers and
employees were to be equally represented on such boards.[401] The
Railway Labor Act of 1926, as amended in 1934, attempted to establish a
pattern of free union-management negotiation of disputes with ultimate
recourse to a National Mediation Board.[402]
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