...USC 5b. The pertinent language, in paragraph (6). reads: The Commission shall not approve under this section any agreement which establishes a procedure...right to take independent action either before or alter any determination arrived at through such procedure. Section 5a is applicable to motor carriers,...

...hereinafter made on this question. As noted, the approval here sought may not be granted unless we find that under the agreement there is accorded to each...either before or after any determination arrived at under the procedures established by the agreement. In recognition of this prohibition, the following...

...other matter or transaction, to which section 5 of the act is applicable, or (3) which does not accord to each party the free and unrestrained right to take independent action either before or after any 1 The area of the United States on and west of a line starting at Sault Ste. Marie, Mich., thence along...

...than 8 days preceding the date of the meeting. Right of Independent Action 3.1 Any member is accorded the free and unrestrained right to take independent action either before or after any determination under the procedures herein set forth. 3.2 Where independent action is announced, notification will...

...5b provides, in part, that the Commission will not approve any agreement under this section unless there is accorded to each party the free and unrestrained right to take independent action. The subsection further prohibits participation in agreements, or voting, on single- line rates, or...

...among carriers of different classes as defined in section 5a ; that it accords to each party thereto the free and unrestrained right to take independent action, either before or 278 ICC after any determination arrived at through procedure established by the agreement ; and that...

...transaction to which section 5 of this part is applicable. (5)(a) The Commission shall not approve under this section any agreement which establishes a procedure...and unrestrained right to take independent action, without fear of any sanction or retaliatory action, at any time before or after any determination arrived...

...carriers. — Id., p. 216; North Atlantic Port Railroads, Coal Demurrage-Agreement, 278 ICC 525 (528). "Free and unrestrained right to take independent action either before or after any determination" guarantees that each carrier party to agreement shall have the right to elect whether it will place...

...language of the INTERSTATE COMMERCE ACTS ANNOTATED Title 49, a 1 agreement. The Instrument does accord to each party the free and unrestrained right to take independent action at any time, which right has been exercised In many Instances. Committee chairman should not have the...

...determination arrived at through joint consideration, to the end that (he Commission shall not approve any agreement which establishes a procedure for the...determination of any matter through joint consideration, if there is any restraint whatever upon the individual carrier to act contrary to the determination...