---
kind: "section"
citation: "45 U.S.C. § 152"
title: "45"
title_heading: "Railroads"
number: "152"
heading: "General duties"
release: "119-102"
url: "https://uscodex.org/usc/45/152"
units:
  - "Chapter 8 — Railway Labor"
  - "Subchapter I — General Provisions"
---

# §152. General duties


First. Duty of [carriers](/usc/45/151.md) and [employees](/usc/45/151.md) to settle disputes

It shall be the duty of all [carriers](/usc/45/151.md), their officers, agents, and [employees](/usc/45/151.md) to exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to [commerce](/usc/45/151.md) or to the operation of any [carrier](/usc/45/151.md) growing out of any dispute between the [carrier](/usc/45/151.md) and the [employees](/usc/45/151.md) thereof.

Second. Consideration of disputes by [representatives](/usc/45/151.md)

All disputes between a [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and its or their [employees](/usc/45/151.md) shall be considered, and, if possible, decided, with all expedition, in conference between [representatives](/usc/45/151.md) designated and authorized so to confer, respectively, by the [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and by the [employees](/usc/45/151.md) thereof interested in the dispute.

Third. Designation of [representatives](/usc/45/151.md)

[Representatives](/usc/45/151.md), for the purposes of this chapter, shall be designated by the respective parties without interference, influence, or coercion by either party over the designation of [representatives](/usc/45/151.md) by the other; and neither party shall in any way interfere with, influence, or coerce the other in its choice of [representatives](/usc/45/151.md). [Representatives](/usc/45/151.md) of [employees](/usc/45/151.md) for the purposes of this chapter need not be persons in the employ of the [carrier](/usc/45/151.md), and no [carrier](/usc/45/151.md) shall, by interference, influence, or coercion seek in any manner to prevent the designation by its [employees](/usc/45/151.md) as their [representatives](/usc/45/151.md) of those who or which are not [employees](/usc/45/151.md) of the [carrier](/usc/45/151.md).

Fourth. Organization and collective bargaining; freedom from interference by [carrier](/usc/45/151.md); assistance in organizing or maintaining organization by [carrier](/usc/45/151.md) forbidden; deduction of dues from wages forbidden

[Employees](/usc/45/151.md) shall have the right to organize and bargain collectively through [representatives](/usc/45/151.md) of their own choosing. The majority of any craft or class of [employees](/usc/45/151.md) shall have the right to determine who shall be the [representative](/usc/45/151.md) of the craft or class for the purposes of this chapter. No [carrier](/usc/45/151.md), its officers, or agents shall deny or in any way question the right of its [employees](/usc/45/151.md) to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any [carrier](/usc/45/151.md) to interfere in any way with the organization of its [employees](/usc/45/151.md), or to use the [funds](/usc/45/351.md?p=q) of the [carrier](/usc/45/151.md) in maintaining or assisting or contributing to any labor organization, labor [representative](/usc/45/151.md), or other agency of collective bargaining, or in performing any work therefor, or to influence or coerce [employees](/usc/45/151.md) in an effort to induce them to join or remain or not to join or remain members of any labor organization, or to deduct from the wages of [employees](/usc/45/151.md) any dues, fees, assessments, or other contributions payable to labor organizations, or to collect or to assist in the collection of any such dues, fees, assessments, or other contributions: Provided, That nothing in this chapter shall be construed to prohibit a [carrier](/usc/45/151.md) from permitting an [employee](/usc/45/151.md), individually, or local [representatives](/usc/45/151.md) of [employees](/usc/45/151.md) from conferring with management during working hours without loss of time, or to prohibit a [carrier](/usc/45/151.md) from furnishing free transportation to its [employees](/usc/45/151.md) while engaged in the business of a labor organization.

Fifth. Agreements to join or not to join labor organizations forbidden

No [carrier](/usc/45/151.md), its officers, or agents shall require any person seeking [employment](/usc/45/231b.md?p=a-1) to sign any contract or agreement promising to join or not to join a labor organization; and if any such contract has been enforced prior to the effective date of this chapter, then such [carrier](/usc/45/151.md) shall notify the [employees](/usc/45/151.md) by an appropriate order that such contract has been discarded and is no longer binding on them in any way.

Sixth. Conference of [representatives](/usc/45/151.md); time; place; private agreements

In case of a dispute between a [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and its or their [employees](/usc/45/151.md), arising out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, it shall be the duty of the designated [representative](/usc/45/151.md) or [representatives](/usc/45/151.md) of such [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) and of such [employees](/usc/45/151.md), within ten days after the receipt of notice of a desire on the part of either party to confer in respect to such dispute, to specify a time and place at which such conference shall be held: Provided, (1) That the place so specified shall be situated upon the line of the [carrier](/usc/45/151.md) involved or as otherwise mutually agreed upon; and (2) that the time so specified shall allow the designated conferees reasonable opportunity to reach such place of conference, but shall not exceed twenty days from the receipt of such notice: And provided further, That nothing in this chapter shall be construed to supersede the provisions of any agreement (as to conferences) then in effect between the parties.

Seventh. Change in pay, rules, or working conditions contrary to agreement or to [section 156](/usc/45/156.md) forbidden

No [carrier](/usc/45/151.md), its officers, or agents shall change the rates of pay, rules, or working conditions of its [employees](/usc/45/151.md), as a class, as embodied in agreements except in the manner prescribed in such agreements or in [section 156 of this title](/usc/45/156.md).

Eighth. Notices of manner of settlement of disputes; posting

Every [carrier](/usc/45/151.md) shall notify its [employees](/usc/45/151.md) by printed notices in such form and posted at such times and places as shall be specified by the [Mediation Board](/usc/45/151.md) that all disputes between the [carrier](/usc/45/151.md) and its [employees](/usc/45/151.md) will be handled in accordance with the requirements of this chapter, and in such notices there shall be printed verbatim, in large type, the third, fourth, and fifth paragraphs of this section. The provisions of said paragraphs are made a part of the contract of [employment](/usc/45/231b.md?p=a-1) between the [carrier](/usc/45/151.md) and each [employee](/usc/45/151.md), and shall be held binding upon the parties, regardless of any other express or implied agreements between them.

Ninth. Disputes as to identity of [representatives](/usc/45/151.md); designation by [Mediation Board](/usc/45/151.md); secret elections

If any dispute shall arise among a [carrier](/usc/45/151.md)’s [employees](/usc/45/151.md) as to who are the [representatives](/usc/45/151.md) of such [employees](/usc/45/151.md) designated and authorized in accordance with the requirements of this chapter, it shall be the duty of the [Mediation Board](/usc/45/151.md), upon request of either party to the dispute, to investigate such dispute and to certify to both parties, in writing, within thirty days after the receipt of the invocation of its services, the name or names of the individuals or organizations that have been designated and authorized to represent the [employees](/usc/45/151.md) involved in the dispute, and certify the same to the [carrier](/usc/45/151.md). Upon receipt of such certification the [carrier](/usc/45/151.md) shall treat with the [representative](/usc/45/151.md) so certified as the [representative](/usc/45/151.md) of the craft or class for the purposes of this chapter. In such an investigation, the [Mediation Board](/usc/45/151.md) shall be authorized to take a secret ballot of the [employees](/usc/45/151.md) involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized [representatives](/usc/45/151.md) in such manner as shall insure the choice of [representatives](/usc/45/151.md) by the [employees](/usc/45/151.md) without interference, influence, or coercion exercised by the [carrier](/usc/45/151.md). In the conduct of any election for the purposes herein indicated the Board shall designate who may participate in the election and establish the rules to govern the election, or may appoint a committee of three neutral persons who after hearing shall within ten days designate the [employees](/usc/45/151.md) who may participate in the election. In any such election for which there are 3 or more options (including the option of not being represented by any labor organization) on the ballot and no such option receives a majority of the valid votes cast, the [Mediation Board](/usc/45/151.md) shall arrange for a second election between the options receiving the largest and the second largest number of votes. The Board shall have access to and have power to make copies of the books and records of the [carriers](/usc/45/151.md) to obtain and utilize such information as may be deemed necessary by it to carry out the purposes and provisions of this paragraph.

Tenth. Violations; prosecution and penalties

The willful failure or refusal of any [carrier](/usc/45/151.md), its officers or agents, to comply with the terms of the third, fourth, fifth, seventh, or eighth paragraph of this section shall be a misdemeanor, and upon conviction thereof the [carrier](/usc/45/151.md), officer, or agent offending shall be subject to a fine of not less than $1,000, nor more than $20,000, or imprisonment for not more than six months, or both fine and imprisonment, for each offense, and each day during which such [carrier](/usc/45/151.md), officer, or agent shall willfully fail or refuse to comply with the terms of the said paragraphs of this section shall constitute a separate offense. It shall be the duty of any United States attorney to whom any duly designated [representative](/usc/45/151.md) of a [carrier](/usc/45/151.md)’s [employees](/usc/45/151.md) may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States, all necessary proceedings for the enforcement of the provisions of this section, and for the punishment of all violations thereof and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States: Provided, That nothing in this chapter shall be construed to require an individual [employee](/usc/45/151.md) to render labor or service without his consent, nor shall anything in this chapter be construed to make the quitting of his labor by an individual [employee](/usc/45/151.md) an illegal act; nor shall any court issue any process to compel the performance by an individual [employee](/usc/45/151.md) of such labor or service, without his consent.

Eleventh. Union security agreements; check-off

Notwithstanding any other provisions of this chapter, or of any other statute or law of the United States, or Territory thereof, or of any State, any [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) as defined in this chapter and a labor organization or labor organizations duly designated and authorized to represent [employees](/usc/45/151.md) in accordance with the requirements of this chapter shall be permitted—

(a) to make agreements, requiring, as a condition of continued [employment](/usc/45/231b.md?p=a-1), that within sixty days following the beginning of such [employment](/usc/45/231b.md?p=a-1), or the effective date of such agreements, whichever is the later, all [employees](/usc/45/151.md) shall become members of the labor organization representing their craft or class: Provided, That no such agreement shall require such condition of [employment](/usc/45/231b.md?p=a-1) with respect to [employees](/usc/45/151.md) to whom membership is not available upon the same terms and conditions as are generally applicable to any other member or with respect to [employees](/usc/45/151.md) to whom membership was denied or terminated for any reason other than the failure of the [employee](/usc/45/151.md) to tender the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership.

(b) to make agreements providing for the deduction by such [carrier](/usc/45/151.md) or [carriers](/usc/45/151.md) from the wages of its or their [employees](/usc/45/151.md) in a craft or class and payment to the labor organization representing the craft or class of such [employees](/usc/45/151.md), of any periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership: Provided, That no such agreement shall be effective with respect to any individual [employee](/usc/45/151.md) until he shall have furnished the employer with a written assignment to the labor organization of such membership dues, initiation fees, and assessments, which shall be revocable in writing after the expiration of one year or upon the termination date of the applicable collective agreement, whichever occurs sooner.

(c) The requirement of membership in a labor organization in an agreement made pursuant to subparagraph (a) of this paragraph shall be satisfied, as to both a present or future [employee](/usc/45/151.md) in engine, train, yard, or hostling service, that is, an [employee](/usc/45/151.md) engaged in any of the services or capacities covered in the First division of paragraph (h) of [section 153 of this title](/usc/45/153.md) defining the jurisdictional scope of the First Division of the National Railroad [Adjustment Board](/usc/45/151.md), if said [employee](/usc/45/151.md) shall hold or acquire membership in any one of the labor organizations, national in scope, organized in accordance with this chapter and admitting to membership [employees](/usc/45/151.md) of a craft or class in any of said services; and no agreement made pursuant to subparagraph (b) of this paragraph shall provide for deductions from his wages for periodic dues, initiation fees, or assessments payable to any labor organization other than that in which he holds membership: Provided, however, That as to an [employee](/usc/45/151.md) in any of said services on a particular [carrier](/usc/45/151.md) at the effective date of any such agreement on a [carrier](/usc/45/151.md), who is not a member of any one of the labor organizations, national in scope, organized in accordance with this chapter and admitting to membership [employees](/usc/45/151.md) of a craft or class in any of said services, such [employee](/usc/45/151.md), as a condition of continuing his [employment](/usc/45/231b.md?p=a-1), may be required to become a member of the organization representing the craft in which he is employed on the effective date of the first agreement applicable to him: Provided, further, That nothing herein or in any such agreement or agreements shall prevent an [employee](/usc/45/151.md) from changing membership from one organization to another organization admitting to membership [employees](/usc/45/151.md) of a craft or class in any of said services.

(d) Any provisions in paragraphs Fourth and Fifth of this section in conflict herewith are to the extent of such conflict amended.

Twelfth. Showing of interest for representation elections

The [Mediation Board](/usc/45/151.md), upon receipt of an application requesting that an organization or individual be certified as the [representative](/usc/45/151.md) of any craft or class of [employees](/usc/45/151.md), shall not direct an election or use any other method to determine who shall be the [representative](/usc/45/151.md) of such craft or class unless the [Mediation Board](/usc/45/151.md) determines that the application is supported by a showing of interest from not less than 50 percent of the [employees](/usc/45/151.md) in the craft or class.


## Source credit

(May 20, 1926, ch. 347, § 2, 44 Stat. 577; June 21, 1934, ch. 691, § 2, 48 Stat. 1186; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Jan. 10, 1951, ch. 1220, 64 Stat. 1238; Pub. L. 112–95, title X, §§ 1002, 1003, Feb. 14, 2012, 126 Stat. 146, 147.)

## Notes

### Editorial Notes

### References in Text

The effective date of this chapter, referred to in par. Fifth, probably means May 20, 1926, the date of approval of act May 20, 1926, ch. 347, 44 Stat. 577.

### Codification

Section is comprised of pars. designated First to Twelfth of section 2 of act May 20, 1926. The remainder of section 2 of act May 20, 1926, is classified to section 151a of this title.

### Amendments

2012—Pub. L. 112–95, § 1002, in par. Ninth, inserted after fourth sentence “In any such election for which there are 3 or more options (including the option of not being represented by any labor organization) on the ballot and no such option receives a majority of the valid votes cast, the Mediation Board shall arrange for a second election between the options receiving the largest and the second largest number of votes.”

Pub. L. 112–95, § 1003, added par. Twelfth.

1951—Act Jan. 10, 1951, added par. Eleventh.

1934—Act June 21, 1934, substituted “by the carrier or carriers” for “by the carriers” in par. Second, generally amended pars. Third, Fourth, and Fifth, and added pars. Sixth to Tenth.

### Statutory Notes and Related Subsidiaries

### Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney of the United States”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.