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Secs. 8 and 9
Parties shall execute award.
the arbitration was entered into, which district shall bo designated in the agreement; and, when so filed, such award and proceedings shall constitute the full and complete record of the arbitration;
(1) Shall provide that the award, when so filed, shall sive upon partics. be final and conclusive upon the parties as to the facts
determined by said award and as to the merits of the controversy decided;
(m) Shall provide that any difference arising as to
the meaning, or the application of the provisions, of an Award may be award made by a board of arbitration shall be referred
back for a ruling to the same board, or, by agreement, to a subcommittee of such board; and that such ruling, when acknowledged in the same manner, and filed in the same district court clerk's office, as the original award, shall be a part of and shall have the same force and effect as such original award; and
(n) Shall provide that the respective parties to the award will each faithfully execute the same.
The said agreement to arbitrate, when properly signed and acknowledged as herein provided, shall not be revoked
by a party to such agreement: Provided, however, That ment to arbitrate such agreement to arbitrate may at any time be revoked
and canceled by the written agreement of both parties, signed by their duly accredited representatives, and (if no board of arbitration has yet been constituted under the agreement) delivered to the Board of Mediation or any member thereof; or, if the board of arbitration has been constituted as provided by this Act, delivered to such board of arbitration.
SEC. 9. First. The award of a board of arbitration, having been acknowledged as herein provided, shall be of filed in the clerk's office of the district court designated in the agreement to arbitrate.
Second. An award acknowledged and filed as herein provided shall be conclusive on the parties as to the merits and facts of the controversy submitted to arbitration, and unless, within ten days after the filing of the award, a petition to impeach the award, on the grounds hereinafter set forth, shall be filed in the clerk's office
of the court in which the award has been filed, the court Courts to en- shall enter judgment on the award, which judgment shall ter judgments on wards,
be final and conclusive on the parties.
44 Stat. L., 585.
Sec. 9 Third. Such petition for the impeachment or contest- Matters considing of any award so filed shall be entertained by the ing awards. court only on one or more of the following grounds:
(a) That the award plainly does not conform to the substantive requirements laid down by this Act for such awards, or that the proceedings were not substantially in conformity with this Act;
(b) That the award does not conform, nor confine itself, to the stipulations of the agreement to arbitrate; or
(c) That a member of the board of arbitration rendering the award was guilty of fraud or corruption; or that a party to the arbitration practiced fraud or corruption which fraud or corruption affected the result of the arbitration: Provided, however, That no court shall entertain any such petition on the ground that an award is invalid for uncertainty; in such case the proper remedy shall be a submission of such award to a reconvened board, or subcommittee thereof, for interpretation, as provided by this Act: Provided further, That an award con
strued liberally. tested as herein provided shall be construed liberally by the court, with a view to favoring its validity, and that no award shall be set aside for trivial irregularity or clerical error, going only to form and not to substance. Fourth. If the court shall determine that a part of the
partly award is invalid on some ground or grounds designated in this section as a ground of invalidity, but shall determine that a part of the award is valid, the court shall set aside the entire award: Provided, however, That, if the parties shall agree thereto, and if such valid and invalid parts are separable, the court shall set aside the invalid part, and order judgment to stand as to the valid part.
Fifth. At the expiration of ten days from the decision Appeals. of the district court upon the petition filed as aforesaid, final judgment shall be entered in accordance with said decision, unless during said ten days either party shall appeal therefrom to the circuit court of appeals. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said petition and to be decided.
Sixth. The determination of said circuit court of ap- Decision of a peals upon said questions shall be final, and, being certified by the clerk thereof to said district court, judgment
C. A. final.
Secs, 9 and 10
Modification of Judgment.
pursuant thereto shall thereupon be entered by said district court.
Seventh. If the petitioner's contentions are finally suistained, judgment shall be entered setting aside the awari in whole or, if the parties so agree, in part; but in such case the parties may agree upon a judgment to be entered disposing of the subject matter of the controversy, which judgment when entered shall have the same force and ef
fect as judgment entered upon an award. Quitting of
Eighth. Nothing in this Act shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor or service by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent.
employee not illegal.
44 Stat. L., 586.
Sec, 10. If a dispute between a carrier and its einiployees be not adjusted under the foregoing provisions of this Act and should, in the judgment of the Board of Mediation, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the Board
of Mediation shall notify the President, who may there Appointed by upon, in his discretion, create a board to investigate and
report respecting such dispute. Such board shall be
composed of such number of persons as to the President Qualifications may seem desirable: Provided, however, That no mem
ber appointed shall be pecuniarily or otherwise interested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the President within thirty days from the date of its creation.
There is hereby authorized to be appropriated sua sums as may be necessary for the expenses of such boar?. including the compensation and the necessary traveling expenses and expenses actually incurred for subsistent of the members of the board. All expenditures of t. board shall be allowed and paid on the presentation itemized vouchers therefor approved by the chairman.
Seca. 10-14 After the creation of such board and for thirty days Status quo to
be maintained. after such board has made its report to the President, no change, except by agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose.
44 Stat. L., 587.
Sec. 11. If any provision of this Act, or the application 14 Stat. ..,587. thereof to any person or circumstance, is held invalid, the part of Act not to remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby Sec. 12. There is hereby authorized to be appropriated 44 Stat. L., 587.
Appropriation, such sums as may be necessary for expenditure by the Board of Mediation in carrying out the provisions of this Act.
SEC. 13. (a) Paragraph “ Second” of subdivision (b) of section 128 of the Judicial Code, as amended, is amended to read as follows:
“ Second. To review decisions of the district courts, Review. under section 9 of the Railway Labor Act.”
(b) Section 2 of the Act entitled “ An Act to amend the Judicial Code, and to further define the jurisdiction of the circuit court of appeals and of the Supreme Court, Supreme Court. and for other purposes," approved February 13, 1925, is amended to read as follows:
“Sec. 2. That cases in a circuit court of appeals under Jurisdiction section 9 of the Railway Labor Act; under section 5 of this Act. 'An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,' approved September 26, 1914; and under section 11 of 'An Act to Trade Comunissupplement existing laws against unlawful restraints and monopolies, and for other purposes,' approved Octo- Clayton Act. ber 15, 1914, are included among the cases to which sections 239 and 240 of the Judicial Code shall apply."
Sec. 14. Title III of the Transportation Act, 1920, and the Act approved July 15, 1913, providing for mediation, conciliation, and arbitration, and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, except that the members, secretary, officers, em- Laws repealed ployees, and agents of the Railroad Labor Board, in office upon the date of the passage of this Act, shall receive their salaries for a period of 30 days from such date, in the same manner as though this Act had not been passed.
of courts under
44 Stat. L.,587.
SAFETY APPLIANCE ACTS [AS AMENDED]
and train brakes
[Mar. 2, 1898.) AN ACT To promote the safety of employees and travelers upon
railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress as27 Stat. L., 531. sembled, That from and after the first day of January, Driving-wheel eighteen hundred and ninety-eight, it shall be unlawful required. for any common carrier engaged in interstate commerce
by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power driving-wheel brake and appliances for operating the trainbrake system, or to run any train in such traffic after said date that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common
hand brake for that purpose. Automatic
SEC. 2. That on and after the first day of January, couplers required..
eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Sec. 3. That when any person, firm, company, or corinterchangeable poration engaged in interstate commerce by railroad shall power
have equipped a sufficient number of its cars so as to comply with the provisions of section one of this Act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with the first section of this Act, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by this Act.
Sec. 4. That from and after the first day of July, handholds required. eighteen hundred and ninety-five, until otherwise ordered
by the Interstate Commerce Commission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab
Carrier may refuse cars without
Grab frons and