THE CHAIRMAN: Before we proceed further I desire to make a statement on behalf of the Board with respect to the so-called "separate hearing" issue which arose yesterday. Both sides referred to our present consideration of the dispute between the Railway Express Agency and its employees as a "separate hearing." As we sought to make clear at the very outset of the proceeding, we have before us but a single casethe disputes between carriers and employees embraced in National Mediation Board Case A-1350. The employees involved are those represented by the Fifteen Cooperating Railway Labor Organizations. The (Page 4146) carriers involved include Class I railroads, so-called short-line railroads, switching and terminal companies, the Railway Express Agency, a couple of stockyard companies, and a number of refrigerator car companies. The Fifteen Cooperating Railway Labor Organizations are represented, as to all employees and as to all carriers, by a single group of counsel. The carriers involved, on the other hand, are diversely represented —by the carriers' conference committees, by Mr. Miller and his associates, by Mr. Hartung and his associates, by Mr. Brantley, and by scattered independent counsel. It is the desire and determination of the Board to afford a full and fair hearing to all concerned. In these circumstances counsel for the Railway Express Agency, as for each of the other carriers or groups of carriers involved, must of course be afforded an opportunity to be heard; and since counsel for the employees has been apprised of these entries of appearance, it must be assumed that he would also plan to submit such. testimony and exhibits with respect to these separately represented carriers as might supplement his main general presentation of evidence. (Page 4147) The arrangement we have followed, therefore, has merely been designed to provide an orderly procedure, calculated to be most useful to the members of the Board, in obtaining a clear and incisive understanding of the issues involved. In other words, instead of having counsel for the Fifteen Cooperating Railway Labor Organizations present both his general and more specialized material at one time, with counsel for the carriers in these diverse groups likewise presenting their complete case in sequence, the procedure agreed upon has sought to separate the general and specialized material, and thus to assist the Board in coming to grips with the various issues, unblurred by the passage of long intervals of time. Both the employees and the carriers are of course at liberty to contend that the specialized situations thus brought before us argue more strongly or less strongly for the grant or denial of the demands of the employees. The effect of such contentions upon the final outcome of the proceeding will depend, however, upon the persuasive character of the facts and circumstances adduced by each side, and not upon the mere (Page 4148) fact that in the interest of orderly and effective procedure, a separate opportunity has been afforded for the presentation of such special facts and circumstances. (Page 4149) We hope that this statement will clear the atmosphere and that both sides will agree that it simply reflects the attitude of the Board announced to all parties in interest at the very commencement of the proceeding. THE CHAIRMAN: Before we proceed further I desire to make a statement on behalf of the Board with respect to the so-called "separate hearing" issue which arose yesterday. Both sides referred to our present. consideration of the dispute between the Railway Express Agency and its employees as a "separate hearing. As we sought to make clear at the very outset of the proceeding, we have before us but a single casethe disputes between carriers and employees embraced in National Mediation Board Case A-1350. The employees involved are those represented by the Fifteen Cooperating Railway Labor Organizations. The (Page 4146) carriers involved include Class I railroads, so-called short-line railroads, switching and terminal companies, the Railway Express Agency, a couple of stockyard companies, and a number of refrigerator car companies. The Fifteen Cooperating Railway Labor Organizations are represented, as to all employees and as to all carriers, by a single group of counsel. The carriers involved, on the other hand, are diversely represented -by the carriers' conference committees, by Mr. Miller and his associates, by Mr. Hartung and his associates, by Mr. Brantley, and by scattered independent counsel. It is the desire and determination of the Board to afford a full and fair hearing to all concerned. In these circumstances counsel for the Railway Express Agency, as for each of the other carriers or groups of carriers involved, must of course be afforded an opportunity to be heard; and since counsel for the employees has been apprised of these entries of appearance, it must be assumed that he would also plan to submit such testimony and exhibits with respect to these separately represented carriers as might supplement his main general presentation of evidence. (Page 4147) The arrangement we have followed, therefore, has merely been designed to provide an orderly procedure, calculated to be most useful to the members of the Board, in obtaining a clear and incisive understanding of the issues involved. In other words, instead of having counsel for the Fifteen Cooperating Railway Labor Organizations present both his general and more specialized material at one time, with counsel for the carriers in these diverse groups likewise presenting their complete case in sequence, the procedure agreed upon has sought to separate the general and specialized material, and thus to assist the Board in coming to grips with the various issues, unblurred by the passage of long intervals of time. Both the employees and the carriers are of course at liberty to contend that the specialized situations thus brought before us argue more strongly or less strongly for the grant or denial of the demands of the employees. The effect of such contentions upon the final outcome of the proceeding will depend, however, upon the persuasive character of the facts and circumstances adduced by each side, and not upon the mere (Page 4148) fact that in the interest of orderly and effective procedure, a separate opportunity has been afforded for the presentation of such special facts and circumstances. (Page 4149) We hope that this statement will clear the atmosphere and that both sides will agree that it simply reflects the attitude of the Board announced to all parties in interest at the very commencement of the proceeding. THE CHAIRMAN: Before we proceed further I desire to make a statement on behalf of the Board with respect to the so-called "separate hearing" issue which arose yesterday. Both sides referred to our present consideration of the dispute between the Railway Express Agency and its employees as a "separate hearing." As we sought to make clear at the very outset of the proceeding, we have before us but a single casethe disputes between carriers and employees embraced in National Mediation Board Case A-1350. The employees involved are those represented by the Fifteen Cooperating Railway Labor Organizations. The (Page 4146) carriers involved include Class I railroads, so-called short-line railroads, switching and terminal companies, the Railway Express Agency, a couple of stockyard companies, and a number of refrigerator car companies. The Fifteen Cooperating Railway Labor Organizations are represented, as to all employees and as to all carriers, by a single group of counsel. The carriers involved, on the other hand, are diversely represented -by the carriers' conference committees, by Mr. Miller and his associates, by Mr. Hartung and his associates, by Mr. Brantley, and by scattered independent counsel. It is the desire and determination of the Board to afford a full and fair hearing to all concerned. In these circumstances counsel for the Railway Express Agency, as for each of the other carriers or groups of carriers involved, must of course be afforded an opportunity to be heard; and since counsel for the employees has been apprised of these entries of appearance, it must be assumed that he would also plan to submit such testimony and exhibits with respect to these separately represented carriers as might supplement his main general presentation of evidence. (Page 4147) The arrangement we have followed, therefore, has merely been designed to provide an orderly procedure, calculated to be most useful to the members of the Board, in obtaining a clear and incisive understanding of the issues involved. In other words, instead of having counsel for the Fifteen Cooperating Railway Labor Organizations present both his general and more specialized material at one time, with counsel for the carriers in these diverse groups likewise presenting their complete case in sequence, the procedure agreed upon has sought to separate the general and specialized material, and thus to assist the Board in coming to grips with the various issues, unblurred by the passage of long intervals of time. Both the employees and the carriers are of course at liberty to contend that the specialized situations thus brought before us argue more strongly or less strongly for the grant or denial of the demands of the employees. The effect of such contentions upon the final outcome of the proceeding will depend, however, upon the persuasive character of the facts and circumstances adduced by each side, and not upon the mere (Page 4148) fact that in the interest of orderly and effective procedure, a separate opportunity has been afforded for the presentation of such special facts and circumstances. (Page 4149) We hope that this statement will clear the atmosphere and that both sides will agree that it simply reflects the attitude of the Board announced to all parties in interest at the very commencement of the proceeding. |