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Secs. 6 and 7
PROCEDURE IN CHANGING RATES OF PAY, RULES, AND WORK
44 Stat. L., 582.
rules, or working condi
SEC. 6. Carriers and the representatives of the employees shall give at least thirty days' written notice of Notice of in. an intended change affecting rates of pay, rules, or work-pay, ing conditions, and the time and place for conference be- tions. tween the representatives of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time shall be within the thirty days provided in the notice. Should changes be requested from more than one class or associated classes at approximately the same time, this date for the conference shall be understood to apply only to the first conference for each class; it being the intent that subsequent conferences in respect to each request shall be held in the order of its receipt and shall follow each other with reasonable promptness. In every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the
services of the Board of Mediation have been requested ! by either party, or said board has proffered its services,
rates of pay, rules, or working conditions shall not be Rates of pay, altered by the carrier until the controversy has been be altered during finally acted upon, as required by section 5 of this Act, by the Board of Mediation, unless a period of ten days has elapsed after termination of conferences without request for or proffer of the services of the Board of Mediation.
rules, etc., not bo
SEO. 7. First. Whenever a controversy shall arise between a carrier or carriers and its or their employees which is not settled either in conference between representatives of the parties or by the appropriate adjustment board or through mediation, in the manner provided in the preceding sections, such controversy may, by agreement of the parties to such controversy, be sub-ment to arbitramitted to the arbitration of a board of three (or, if the parties to the controversy so stipulate, of six) persons: Provided, however, That the failure or refusal of either party to submit a controversy to arbitration shall not be construed as a violation of any legal obligation imposed upon such party by the terms of this Act or otherwise.
44 Stat. L.,682.
Controversies may go by agree
Refusal to submit not illegal.
board consists of six members.
Second. Such board of arbitration shall be chosen in
the following manner: How boards of (a) In the case of a board of three the carrier or cararbitration chosen. riers and the representatives of the employees, parties
respectively to the agreement to arbitrate, shall each name one arbitrator; the two arbitrators thus chosen shall select a third arbitrator. If the arbitrators chosen by the parties shall fail to name the third arbitrator within five days after their first meeting, such third
arbitrator shall be named by the Board of Mediation. Where
(b) In the case of a board of six the carrier or carriers and the representatives of the employees, parties respectively to the agreement to arbitrate, shall each name two arbitrators; the four arbitrators thus chosen shall, by a majority vote, select the remaining two arbitrators. If the arbitrators chosen by the parties shall fail to name the two arbitrators within fifteen days after their first meeting, the said two arbitrators, or as many of them as have not been named, shall be named by the Board of
Mediation. Arbitrators to Third. (a) When the arbitrators selected by the renotify Board of Mediation.
spective parties have agreed upon the remaining arbitrator or arbitrators, they shall notify the Board of Mediation; and, in the event of their failure to agree upon any or upon all of the necessary arbitrators within the period fixed by this Act, they shall, at the expiration of such period, notify the Board of Mediation of the arbitrators selected, if any, or of their failure to make or to complete such selection.
(b) The board of arbitration shall organize and select bitration
its own chairman and make all necessary rules for conducting its hearings: Provided, however, That the board of arbitration shall be bound to give the parties to the controversy a full and fair hearing, which shall include an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel, or by other representative as they may
respectively elect. Reconvening of (c) Upon notice from the Board of Mediation that the board of arbitra
parties, or either party, to an arbitration desire the reconvening of the board of arbitration (or a subcommittee of such board of arbitration appointed for such purpose pursuant to the agreement to arbitrate) to pass upon any controversy over the meaning or application of their
Procedure before board of ar
award, the board, or its subcommittee, shall at once re-
Rulings to be subcommittee thereof in the same manner, and filed in iled. the same district court clerk's office, as the original award and become a part thereof. (d) No arbitrator, except those chosen by the Board Only
tors appointed by of Mediation, shall be incompetent to act as an arbitrator board to be imbecause of his interest in the controversy to be arbitrated, or because of his connection with or partiality to either of the parties to the arbitration.
(e) Each member of any board of arbitration created Compensation under the provisions of this Act named by either party to the arbitration shall be compensated by the party naming him. Each arbitrator selected by the arbitrators or named by the Board of Mediation shall receive from the Board of Mediation such compensation as the Board of Mediation may fix, together with his necessary traveling expenses and expenses actually incurred for subsistence, while serving as an arbitrator.
(f). The board of arbitration shall furnish a certified copy of its award to the respective parties to the controversy, and shall transmit the original, together with the papers and proceedings and a transcript of the evidence taken at the hearings, certified under the hands of at least a majority of the arbitrators, to the clerk of the district court of the United States for the district wherein the controversy arose or the arbitration is entered into, to be filed in said clerk's office as hereinafter provided. The said board shall also furnish a certified copy of its award, and the papers and proceedings, in-board Pand" to 1.
Copies to cluding testimony relating thereto, to the Board of 0. Commission. Mediation, to be filed in its office; and in addition a certified copy of its award shall be filed in the office of the Interstate Commerce Commission: Provided, however, That such award shall not be construed to diminish or extinguish any of the powers or duties of the Interstate affect powers of Commerce Commission, under the Interstate Commerce Sion. Act, as amended.
How award filed.
Award not to
Board of arbi. tration may ad.
Sees. 7 and 8
Appointment (g) A board of arbitration may, subject to the apand compensation of assistants. proval of the Board of Mediation, employ and fix the
compensation of such assistants as it deems necessary in carrying on the arbitration proceedings. The compensation of such employees, together with their necessary traveling expenses and expenses actually incurred for subsistence, while so employed, and the necessary expenses of boards of arbitration, shall be paid by the
Board of Mediation. Quarters of Whenever practicable, the board shall be supplied with
suitable quarters in any Federal building located at its place of meeting or at any place where the board may conduct its proceedings or deliberations.
(h) All testimony before said board shall be given minister oaths, under oath or affirmation, and any member of the board require ance of witnesses, shall have the power to administer oaths or affirmations.
The board of arbitration, or any member thereof, shall have the power to require the attendance of witnesses and the production of such books, papers, contracts, agreements, and documents as may be deemed by the board of arbitration material to a just determination of the matters submitted to its arbitration, and may for that purpose request the clerk of the district court of the United States for the district wherein said arbitration is being conducted to issue the necessary subponas, and upon such request the said clerk or his duly authorized deputy shall be, and he hereby is, authorized, and it shall be his duty, to issue such subpænas. In the event of the failure of any person to comply with any such subpæna, or in the event of the contumacy of any witness appearing before the board of arbitration, the board may invoke the aid of the United States courts to compel witnesses to attend and testify and to produce such books, papers, contracts, agreements, and documents to the same extent and under the same conditions and penalties as provided for in the Act to regulate commerce approved February 4, 1887, and the amendments thereto.
Any witness appearing before a board of arbitration wit- shall receive the same fees and mileage as witnesses in
courts of the United States, to be paid by the party securing the subpoena.
SEC. 8. The agreement to arbitrate Agreement
(a) Shall be in writing;
44 Stat. L., 584.
Number of arbitrators.
(b) Shall stipulate that the arbitration is had under Refer to this the provisions of this Act;
(c) Shall state whether the board of arbitration is to consist of three or of six members;
(d) Shall be signed by the duly accredited repre. Signed by rep: sentatives of the carrier or carriers and the employees, partics, parties respectively to the agreement to arbitrate, and shall be acknowledged by said parties before a notary public, the clerk of a district court or circuit court of appeals of the United States, or before a member of the Board of Mediation, and, when so acknowledged, shall be filed in the office of the Board of Mediation;
(e) Shall state specifically the questions to be submQuestions submitted to the said board for decision; and that, in its award or awards, the said board shall confine itself strictly to decisions as to the questions so specifically submitted to it;
(f) Shall provide that the questions, or any one or Questions may more of them, submitted by the parties to the board of arbitration may be withdrawn from arbitration on notice to that effect signed by the duly accredited representatives of all the parties and served on the board of arbitration; (g) Shall stipulate that the signatures of a majority. Majority
sign award. of said board of arbitration affixed to their award shall be competent to constitute a valid and binding award;
(h) Shall fix a period from the date of the appoint- Period of bearment of the arbitrator or arbitrators necessary to complete the board (as provided for in the agreement) within which the said board shall commence its hearings;
(i) Shall fix a period from the beginning of the hearings within which the said board shall make and file its made. award: Provided, That the parties may agree at any time upon an extension of this period;
(i) Shall provide for the date from which the award Effective date shall become effective and shall fix the period during ance of award. which the award shall continue in force:
(k) Shall provide that the award of the board of arbitration and the evidence of the proceedings before the board relating thereto, when certified under the hands of at least a majority of the arbitrators, shall be filed in the clerk's office of the district court of the United Filing States for the district wherein the controversy arose or
Fix time when award shall be