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shall be appointed in case of failure of the carriers or of labor organizations of the employees to select and designate representatives, members of the National Air Transport Adjustment Board shall be compensated, hearings shall be held, findings and awards made, stated, served, and enforced, and the number and compensation of any necessary assistants shall be determined and the compensation of such employees shall be paid, all in the same manner and to the same extent as provided with reference to the National Railroad Adjustment Board by section 3 of title I of this Act. The powers and duties prescribed and established by the provisions of section 3 of title I of this Act with reference to the National Railroad Adjustment Board and the several divisions thereof are hereby conferred upon and shall be exercised and performed in like manner and to the same extent by the said National Air Transport Adjustment Board, not exceeding, however, the jurisdiction conferred upon said National Air Transport Adjustment Board by the provisions of this title. From and after the organization of the National Air Transport Adjustment Board, if any system, group, or regional board of adjustment established by any carrier or carriers by air and any class or classes of its or their employees is not satisfactory to either party thereto, the said party, upon ninety days' notice to the other party, may elect to come under the jurisdiction of the National Air Transport Adjustment Board.
SEC. 206 [45 U. s. C. 186] All cases referred to the National Labor Relations Board, or over which the National Labor Relations Board shall have taken jurisdiction, involving any dispute arising from any cause between any common carrier by air engaged in interstate or foreign commerce or any carrier by air transporting mail for or under contract with the United States Government, and employees of such carrier or carriers, and unsettled on the date of approval of this Act,13 shall be handled to conclusion by the Mediation Board. The books, records, and papers of the National Labor Relations Board and of the National Labor Board pertinent to such case or cases, whether settled or unsettled, shall be transferred to the custody of the National Mediation Board.
Sec. 207 [45 U. S. C. 187] If any provision of this title or application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.
Sec. 208 [45 U.S. C. 188] There is hereby authorized to be appropriated such sums as may be necessary for expenditure by the Mediation Board in carrying out the provisions of this Act.
13 April 10, 1936.
DECISION NO. 83 OF THE NATIONAL LABOR
In the Matter of THE AIR LINE PILOTS' WAGE DISPUTE.
No. 83. Hearings October 4 and 27, 1933 (before Fact Finding Committee), and December 14, 1933–Decided May 10, 1934.
The Air Line Pilots' Association and American Airways, Eastern Air Transport, Transcontinental and Western Air, United Air Lines, and Western Air Express jointly submitted to the National Labor Board, in September 1933, a wage dispute concerning the rate and method of payment for air pilots. The National Labor Board referred the matter to a fact-finding committee for study and recommendation and caused a detailed study of the wage situation in this industry to be made. The Board's decision had been withheld for several months because of the uncertain conditions in the industry resulting from the cancellation of the air-mail contracts in February. In view of the recent changes in the industry, the Board feels that a public service will be rendered by the issuance of a decision setting forth its views regarding a fair wage scale for air pilots.
The traditional method of computing pilots' wages on the basis of mileage flown was abandoned by the industry during the period from 1931 to 1933. The dispute was occasioned by the new rates which had been put into effect on October 1, 1933, by all the companies involved. These rates are on an hourly basis and provide for $4 an hour for day flying under 125 miles hourly speed, with 20 cents hourly increase to become effective at speeds of 126 miles, 141 miles, 156 miles, 176 miles, 201 miles, respectively. Two dollars an hour is added to each rate for night flying. In addition each pilot receives a base rate of $1,600 annually, increased by $200 for each year of service, up to a maximum of $3,000 a year. This base rate is paid regardless of whether the pilot engages in any flying.
The pilots insisted upon a return to the mileage basis of payment and proposed the following scale: 4 cents a mile for day flying and 7 cents a mile for night flying over ordinary terrain, with an increase to 5 cents and 9 cents a day for day and night flying, respectively, over hazardous terrain, plus a base rate of from $1,800 to $3,000 a year. The companies contended for the continuation of the October first rates. These rates provided for approximately the same compensation for all flights at the low rates of speed which had been customary in the past, but resulted in materially reduced compensation for flights at the increased speeds which the industry has been striving to introduce and attain.
The October rates are inadequate for additional reasons. The differential paid for night flying as against day flying seems insufficient, the speeds at which the increased hourly rates would become effective seem impracticable, and the differential for the increased speeds does not sufficiently take into account the increased hazards and the probable increased earnings to be derived from the speedier equipment.
The industry is on the threshold of technological improvement 1 See section 401 (1) (1) of the Civil Aeronautics Act. created on August 5, 1933, by the President (Executive Orders No. 6511, December 16, 1933; No. 6580, February 1, 1934 ; No. 6612-A, February 23, 1934) pursuant to title I of the National Industrial Recovery Act of June 16, 1933, 48 Stat. 195.
The National Labor Board was
which will greatly accelerate the speed of airplane travel and which may result in some technological unemployment. The increase of speed will either greatly increase the mileage covered by the pilots or materially reduce their monthly hours of employment. If the pilots were to fly in the future the same number of hours as in the past and were paid on the same monthly basis, their monthly earnings would be greatly increased. Similarly, were the mileage basis to be continued and the hours of actual flying reduced, there would be no change in monthly earnings notwithstanding the sharp reduction in monthly hours. In either event, the pilot would receive the chief benefits accruing from the new equipment. The hourly basis of payment, on the other hand, does not adequately compensate the pilots for the increased mileage with the added hazards incident thereto, and results in a sharp decrease of earnings in the event that new equipment reduces the employment opportunities of the pilots. It would seem advisable, therefore, to adopt a basis of pay under which both the company and the employees would share in the benefits accruing from the new equipment and bear the burdens that will attend its introduction in the beginning. Various bases of compensation were accordingly studied that promised to attain this objective and a combination of both methods of payment was devised. The Board's report summarizing these studies was submitted to the parties for their criticism and suggestions. It thus appears that the method of payments recommended by the Board will impose no undue burdens upon the companies, that it can be administered without any practical difficulties, and that it provides an adequate basis of compensation for the pilots.
As the issues have been fully discussed with the parties and the considerations impelling the Board in reaching this decision have been outlined in an elaborate report, it is unnecessary to describe the issues here involved in any detail. In the attached chart the various methods of payment proposed by the parties and the Board are tabulated.
It is the decision of the National Labor Board on all the issues submitted that:
1. Eighty-five hours of flying shall constitute the monthly maximum for air pilots.
2. Experience has not crystallized sufficiently to put a maximum on the monthly mileage of air pilots.
3. The rate of base pay shall be $1,600 a year with an increase of $200 for each year of service up to a maximum of $3,000.
4. Air-line pilots shall be paid the base rate plus an hourly rate of $4, $4.20, $4.40, $4.60, $4.80, and $5 for day flying and $6, $6.30, $6.60, $6.90, and $7.20, and $7.50 for night flying at hourly speeds of under 125 miles, 125 miles, 140 miles, 155 miles, 175 miles, and 200 or more miles, respectively. In addition, at monthly mileages of under 10,000, 10,000 to 11,999 miles, and 12,000 miles and more, respectively, the pilots shall be paid 2 cents, 142 cents, and 1 cent a mile for all miles per hour flown at an hourly speed of more than 100 miles.
5. This award shall remain in effect for a period of one year.
6. The differential existing on October 1, 1933, for copilots and for flying over hazardous terrain shall be maintained.2
2 As reported in Decisions of the National Labor Board, pt. II, p. 20. Section 206 of the Railway Labor Act provided for the transfer of the custody of the record of this case to
the National Mediation Board.
[Act of May 24, 1928, 45 Stat. 728; as amended by Act of June 23,
1938 (Civil Aeronautics Act), 52'Stat. 973; and Act of August 16, 1941,55 Stat. 621]
AN ACT To authorize the leasing of public lands for use as public aviation fields Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled [49 U. S. C. 211], That the Secretary of the Interior is authorized, in his discretion and under such regulations as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed two thousand five hundred and sixty acres in area, subject to valid rights in such lands under the public land laws. (As amended August 16, 1941, 55 Stat. 621.)
SEC. 2 [49 U.S. C. 212] Any lease under this Act shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions:
(a) That an annual rental of such sum as the Secretary of the Interior may fix for the use of the lands, shall be paid to the United States.
(b) That the lessee shall maintain the lands in such condition, and provide for the furnishing of such facilities, service, fuel, and other supplies, as are necessary to make the lands available for public use as an airport of a rating which may be prescribed by the Civil Aeronautics Authority.
(c) That the lessee shall make reasonable regulations to govern the use of the airport, but such regulations shall take effect only upon approval by the Civil Aeronautics Authority.
(d) That all departments and agencies of the United States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.
(e) That whenever the President may deem it necessary for military purposes, the Secretary of War may assume full control of the airport. (As amended by section 1107 (6) of the Civil Aeronautics Act.)
Sec. 3 [49 U.S. C. 213] With the consent of the lessee, the Secretary of the Interior is authorized to cancel any lease of public lands for use as public aviation fields or airports made under law in force upon the date of approval of this Act 1 and to lease such lands to the lessee upon the conditions prescribed by this Act.
Sec. 4 [49 U.S. C. 214] The Secretary of the Interior is hereby authorized, in his discretion and under such rules as he may prescribe, to grant permission for the establishment of beacon lights and other air-navigation facilities, except terminal airports, upon tracts of unreserved and unappropriated public lands of the United States of appropriate size, and may withdraw the lands for such purposes. 1 May 24, 1928.
ADMINISTRATION OF WASHINGTON NATIONAL
[Act of June 29, 1940, 54 Stat. 686; as amended by Act of May 15, 1947, 61 Stat. 94.]
AN ACT To provide for the administration of the Washington National Airport, and for
other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of this Act
(a) “Administrator” means the Administrator of the Civil Aeronautics Authority.
(b) “Airport” means the Washington National Airport, which shall consist of, and include, the tract of land, together with all structures, improvements, and other facilities located thereon, lying partly in the District of Columbia and partly in the State of Virginia, particularly described as follows:
Commencing at a point of beginning, said point being the intersection of the property line of property owned by the Richmond, Fredericksburg and Potomac Railroad Company, and dredging base line at station 0+18.99 referenced south 6,878.21, west 9,078.02, running in a southeasterly direction on a bearing of south 22°51'18" east a distance of 6,270.91 feet, more or less, to station 62+89.90 of said dredging base line. Thence 13°30' right on a bearing of south 9°21'18'' east a distance of 1,332.29 feet, more or less, to station 76+22.19 of said base line. Thence 11°04'19'' right on a bearing of south 1°43'01" west a distance of 1,231.20 feet, more or less, to station 88+53.39 of said base line. Thence 12°40'41" right on a bearing of south 14°23'42'' west a distance of 2,409.32 feet, more or less, to station 112+62.71 on said base line.' Thence 1'15'44.3" right on a bearing of south 15°39'26.3'' west a distance of 4,938.38 feet, more or less, to United States Coast and Geodetic Survey Station WATER, referenced south 22,220.86, west 8,395.54. Thence 17°09'25.6" left on a bearing of south 1°29'59.3'' east a distance of 85.58 feet, more or less, to a corner of the property line between the United States of America and Smoot Sand and Gravel Corporation. Thence 85°59'59.3'' right on a bearing of south 84°30'00" west a distance of 1,516.41 feet, more or less, to a monument located at a corner on the property line of the Richmond, Fredericksburg and Potomac Railroad Company, said monument being referenced south 22,451.75, west 9,902.73. Thence 85°50'06.7" right on a bearing of north 8°09'54" west a distance of 442.68 feet, more or less. Thence 5°00'12'' left on a bearing of north 13°10'06" west a distance of 578.64 feet, more or less. Thence 4°57'25'' left on a bearing of north 18°07'31" west a distance of 462.94 feet, more or less. Thence 1°34'50" left on a bearing of north 19°42'21" west a distance of 943.56 feet, more or less, to the point of a curve having an angle of 27°52'45' right radius 1,241.15 feet, long chord 597.98 feet, on a bearing of north 5°45'58'' west. Thence along the arc of said curve a distance of 603.92 feet, more or less, to the point of tangency of said curve. Thence along a tangent to said curve on a bearing of