Chapter 347. To provide for the prompt disposition of disputes between carriers and their employees, and for other purposes
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CHAP. 347.— An Act To provide for the prompt disposition of disputes between carriers and their employees, and for other purposes.May 20, 1926.[[H. R. 9463](/us/bill/69/hr/9463).][[Public, No. 357](/us/pl/69/357).]. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, definitionsRailway Labor Act. Section 1. When used in this Act and for the purposes of thisDefinitions. Act: First. The term “carrier” includes any express company, sleeping-car“Carrier.”. company, and any carrier by railroad, subject to the Interstate Commerce Act, including all floating equipment such as boats, barges, tugs, bridges and ferries; and other transportation facilities used by or operated in connection with any such carrier by railroad, and any receiver or any other individual or body, judicial or otherwise, when in the possession of the business of employers or carriers covered by this Act: *Provided, however*, That the term “carrier”*Proviso*.Street railways excluded. shall not include any street, interurban, or suburban electric railway unless such a railway is operating as a part of a general steam railroad system of transportation, but shall not exclude any part ofException. the general steam railroad system of transportation now or hereafter operated by any other motive power;
Second. The term “Adjustment Board” means one of the boards“Adjustment Board.”. of adjustment provided for in this Act; Third. The term “Board of Mediation” means the Board of“Board of Mediation.”. Mediation created by this Act; Fourth. The term “commerce” means commerce among the several“Commerce.”. States or between any State, Territory, or the District of Columbia and any foreign nation, or between any Territory or the District of Columbia and any State, or between any Territory and any other Territory, or between any Territory and the District of Columbia, or within any Territory or the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign nation.
Fifth. The term “employee” as used herein includes every person“Employee.”. in the service of a carrier (subject to its continuing authority to supervise and direct the manner of rendition of Ids service) who performs any work defined as that of an employee or subordinate official in the orders of the Interstate Commerce Commission now in effect, and as the same may be amended or interpreted by orders hereafter entered by the commission pursuant to the authority which is hereby conferred upon it to enter orders amending or interpreting such existing orders: *Provided, however*, That no occupational*Proviso*.Employee organizations not limited, etc. classification made by order of the Interstate Commerce Commission shall be construed to define the crafts according to which railway employees may be organized by their voluntary action, nor shall the jurisdiction or powers of such employee organizations be regarded as in any way limited or defined by the provisions of this Act or by the orders of the commission.
Sixth. The term “district court” includes the Supreme Court of“District court.”Includes courts of District of Columbia. the District of Columbia; and the term “circuit court of appeals” includes the Court of Appeals of the District of Columbia. This Act may be cited as the Railway Labor Act.Title of Act. general dutiesGeneral duties. Sec. 2. First. It shall be the duty of all earners, their officers,Agreements by carriers and employees as to rates of pay, etc. agents, and employees 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 578application of such agreements or otherwise, in order to avoid any interruption to commerce or to the operation of any carrier growing out of any dispute between the carrier and the employees thereof.
Second. Conferences by their representatives to speedily consider, etc., disputes.All disputes between a carrier and its employees shall be considered, and, if possible, decided, with all expedition, in conference between representatives designated and authorized so to confer, respectively, by the carriers and by the employees thereof interested in the dispute. Third. Designation of representatives.Representatives, for the purposes of this Act, shall be designated by the respective parties in such manner as may be provided in their corporate organization or unincorporated association, or by other means of collective action, without interference, influence, or coercion exercised by either party over the self-organization or designation of representatives by the other.
Fourth. Representatives to specify time and place for conference in case of disputes as to grievances, etc.In case of a dispute between a carrier and its employees, 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 or representatives of such carrier and of such employees, 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 *Provisos*.Convenience of place.conference shall be held; *Provided*,
(1)That the place so specified shall be situated upon the railroad line of the carrier involved unless Time limit.otherwise mutually agreed upon; and
(2)that the time so specified shall allow the designated conferees reasonable opportunity to reach Agreements in effect not superseded.such place of conference, but shall not exceed twenty days from the receipt of such notice: *And provided further*, That nothing in this paragraph shall be construed to supersede the provisions of any agreement (as to conferences) then in effect between the parties. Fifth. Considering changes in pay, etc.*Post*, p. 582.Disputes concerning changes in rates of pay, rules, or working conditions shall be dealt with as provided in section 6 and in other provisions of this Act relating thereto. boards of adjustment—grievances—interpretation of agreementsBoards of adjustment. Sec. 3. Agreement for, by carriers and employees.First. Boards of adjustment shall be created by agreement between any carrier or group of carriers, or the carriers as a whole, and its or their employees. Details.The agreement—
(a)In writing.Shall be in writing;
(b)Employees concerned.Shall state the group or groups of employees covered by such adjustment board;
(c)Manner of considering.With officer of carrier.Shall provide that disputes between an employee or group of employees and a carrier, growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, shall be handled in the usual manner up to and including the chief operating officer of the carrier By designated adjustment board.designated to handle such disputes; but, failing to reach an adjustment in this manner, that the dispute shall be referred to the designated adjustment board by the parties, or by either party, with a full statement of the facts and all supporting data bearing upon the dispute;
(d)Hearings.Shall provide that the parties may be heard either in person, by counsel, or by other representative, as they may respectively elect, and that adjustment boards shall hear and, if possible, decide promptly all disputes referred to them as provided in paragraph (c). Adjustment boards shall give due notice of all hearings to the employee or employees and the carrier or carriers involved in the dispute; 579
(e)Shall stipulate that decisions of adjustment boards shall beDecisions to be final and binding. final and binding on both parties to the dispute; and it shall be the duty of both to abide by such decisions;
(f)Shall state the number of representatives of the employees andEqual number of representatives. the number of representatives of the carrier or carriers on the adjustment board, which number of representatives, respectively, shall be equal;
(g)Shall provide for the method of selecting members and fillingSelection,. vacancies;
(h)Shall provide for the portion of expenses to be assumed byExpense. the respective parties;
(i)Shall stipulate that a majority of the adjustment board membersAward by a majority accepted. shall be competent to make an award, unless otherwise mutually agreed;
(j)Shall stipulate that adjustment boards shall meet regularlyMeetings. at such times and places as designated; and
(k)Shall provide for the method of advising the employees andNotifying parties of decisions. carrier or carriers of the decisions of the board. Second. Nothing in this Act shall be construed to prohibit anIndividual agreements not prohibited. individual carrier and its employees from agreeing upon the settlement of disputes through such machinery of contract and adjustment as they may mutually establish. board of mediationBoard of Mediation. Sec. 4. First. There is hereby established, as an independentEstablished as an independent executive agency.Composition and appointment. agency in the executive branch of the Government, a board to be known as the. Board of Mediation and to be composed of five members appointed by the President, by and with the advice and consent of the Senate. The terms of office of the members first taking officeTerms of first appointees. shall expire, as designated by the President at the time of nomination, one at the end of the first year, one at the end of the second year, one at the end of the third year, one at the end of the fourth year, and one at the end of the fifth year, after January 1, 1926.Subsequent for five years, etc. The terms of office of all successors shall expire five years after the expiration of the terms for which their predecessors were appointed; but any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. Vacancies in the board shall not impair the powers nor affect the duties of the board nor of the remaining members of the board. A majority of the members in office shall constitute a quorum for the transaction of the business of the board. Each member of theSalary and expense allowance.*Post*, p. 1071. board shall receive a salary at the rate of $12,000 per annum, together with necessary traveling expenses and subsistence expenses, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while away from the principal office of the board on business required by this Act. No person in the employment ofDisqualification if having any personal interest. or who is pecuniarily or otherwise interested in any organization of employees or any carrier shall enter upon the duties of or continue to be a member of the board. A member of the board may be removed by the President for inefficiency,Removal restricted to inefficiency, etc. neglect of duty, malfeasance in office, or ineligibility, but for no other cause. Second. The board shall annually designate a member to act asChairman, principal office, etc. chairman. The board shall maintain its principal office in the District of Columbia, but it may meet at any other place whenever it deems it necessary. The board may designate one or more of its members to exercise the functions of the board in mediation pro580Power to administer oaths, etc.ceedings. Each member of the board shall have power to administer oaths and affirmations. The board shall have a seal which shall be Annual report.judicially noticed. The board shall make an annual report to Congress. Third. Experts, assistants, employees, etc., authorized.The board may
(1)appoint such experts and assistants to act in a confidential capacity and, subject to the provisions of the civil service laws, such other officers and employees, and
(2)in accordance with the Classification Act of 1923 fix the salary of such Necessary expenses allowed.experts, assistants, officers, and employees, and
(3)make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for law books, periodicals, and books of reference, and for printing and binding, and including expenditures for salaries and compensation, necessary traveling expenses and expenses actually incurred for subsistence, and other necessary expenses of boards of arbitration, in accordance with the *Post*, p. 582.provisions of section 7) as may be necessary for the execution of the functions vested in the board, or in the boards of arbitration, and as may be provided for by the Congress from time to time. Accounting.All expenditures of the board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman. functions of board of mediationFunctions of Board. Sec. 5. First. Disputes to be considered.The parties, or either party, to a dispute between an employee or group of employees and a carrier may invoke the services of the Board of Mediation created by this Act, or the Board of Mediation may proffer its services, in any of the following cases:
(a)Grievances, or agreements not decided by adjustment board.A dispute arising out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions not adjusted by the parties in conference and not decided by the appropriate adjustment board;
(b)Respecting changes of pay not settled in conferences.A dispute which is not settled in conference between the parties, in respect to changes in rates of pay, rules, or working conditions;
(c)Other disputes not decided in conferences.Any other dispute not decided in conference between the parties. Prompt efforts by mediation to effect agreement.In either event the said board shall promptly put itself in communication with the parties to such controversy, and shall use its best efforts, by mediation, to bring them to agreement. If such If unsuccessful to induce submission to arbitration.Exceptions.*Infra*.*Post*, p. 586.efforts to bring about an amicable adjustment through mediation shall be unsuccessful, the said board shall at once endeavor as its final required action (except as provided in paragraph third of this section and in section 10 of this Act), to induce the parties to submit their controversy to arbitration in accordance with the provisions of this Act. Second. On applications by parties of controversy as to meaning of agreements reached by mediation.In any ease in which a controversy arises over the meaning or the application of any agreement reached through mediation under the provisions of this Act, either party to the said agreement, or both, may apply to the Board of Mediation for an interpretation Hearing and interpretations.as to the meaning or application of such agreement. The said board shall upon receipt of such request notify the parties to the controversy, and after a hearing of both sides give its interpretation within thirty days. Third. Arbitration duties.*Post*, p. 582.The Board of Mediation shall have the following duties with respect to the arbitration of disputes under section 7 of this Act:
(a)Naming of remaining arbitrators.On failure of the arbitrators named by the parties to agree on the remaining arbitrator or arbitrators within the time set by section 7 of this Act, it shall be the duty of the Board of Mediation Selection.to name such remaining arbitrator or arbitrators. It shall be the duty of the board in naming such arbitrator or arbitrators to appoint 581only those whom the board shall deem wholly disinterested in the controversy to be arbitrated and impartial and without bias as between the parties to such arbitration. Should, however, the boardRemoval it not disinterested, etc. name an arbitrator or arbitrators not so disinterested and impartial, then, upon proper investigation and presentation of the facts, the board shall promptly remove such arbitrator. If an arbitrator named by the Board of Mediation, in accordanceSelection of another. with the provisions of this Act, shall be removed by such board as provided by this Act, or if such an arbitrator refuses or is unable to serve, it shall be the duty of the Board of Mediation, promptly, to select another arbitrator, in the same manner as provided in this Act for an original appointment by the Board of Mediation.
(b)Any member of the Board of Mediation is authorized to takeAcknowledgment and filing of agreement to arbitrate. the acknowledgment of an agreement of arbitration under this Act. When so acknowledged, or when acknowledged by the parties before a notary public or the clerk of a district court or a circuit court of appeals of the United States, such agreement to arbitrate shall be delivered to a member of said board, or transmitted to said board, to be filed in its office.
(c)When an agreement to arbitrate has been filed with the BoardNotice to arbitrators of appointment, etc., when agreement has been filed. of Mediation, or with one of its members, as provided by this section, and when the said board, or a member thereof, has been furnished the names of the arbitrators chosen by the parties to the controversy, it shall be the duty of the Board of Mediation to cause a notice in writing to be served upon said arbitrators, notifying them of their appointment, requesting them to meet promptly to name the remaining arbitrator or arbitrators necessary to complete the board of arbitration, and advising them of the period within which, as provided by the agreement to arbitrate, they are empowered to name such arbitrator or arbitrators.
(d)Either party to an arbitration desiring the reconvening of aReconvening of arbitrators to pass on meaning or application of award. board of arbitration to puss upon any controversy arising over the meaning or application of an award may so notify the Board of Mediation in writing, stating in such notice the question or questions to be submitted to such reconvened board. The Board of MediationArrangement for meeting. shall thereupon promptly communicate with the members of the board of arbitration, or a subcommittee of such board appointed for such purpose pursuant to a provision in the agreement to arbitrate, and arrange for the reconvening of said board or subcommittee, and shall notify the respective parties to the controversy of the time and place at which the board, or the subcommittee, will meet for hearings upon the matters in controversy to be submitted to it. No evidenceRestriction on evidence to be received. other than that contained in the record filed with the original award shall be received or considered by such reconvened board or subcommittee, except such evidence as may be necessary to illustrate the interpretations suggested by the parties. If any member of the originalNaming of another arbitrator if member of original board unable to serve, etc. board is unable or unwilling to serve on such reconvened board or subcommittee thereof, another arbitrator shall be named in the same manner and with the same powers and duties as such original arbitrator.
(e)The Interstate Commerce Commission, the Bureau of LaborAll papers, etc. heretofore filed in designated agencies, etc., to be delivered to the board.Vol. 41, p. 470.Vol. 30, p. 428. Statistics, and the custodian of the records, respectively, of the Railroad Labor Board, of the mediators designated in the Act approved June 1, 1898, providing for mediation and arbitration, known as the Erdman Act, and of the Board of Mediation and Conciliation created by the Act approved July 15, 1913, providing for mediation, Vol. 38, p. 103.conciliation, and arbitration, known as the Newlands Act, are hereby authorized and directed to transfer and deliver to the Board of Mediation created by this Act any and all papers and documents heretofore filed with or transferred to them, respectively, bearing upon 582the settlement, adjustment, or determination of disputes between carriers and their employees or upon mediation or arbitration proceedings held under or pursuant to the provisions of any Act of All similar papers in any agency.Congress in respect to such disputes; and the President is authorized to require the transfer and delivery to the Board of Mediation, created by this Act, of any and all such papers and documents filed Custodian of property of Railroad Labor Board.with or in the possession of any agency of the Government. The President is authorized to designate a custodian of the records and property of the Railroad Labor Board, until the transfer and delivery of such records to the Board of Mediation and the disposition of such property in such manner as the President may direct. procedure in changing rates of pay, rules, and working conditionsChanges of rates of pay, etc. Sec. 6. Notice of intended, to be given in writing.Carriers and the representatives of the employees shall give at least thirty days’ written notice of an intended change affecting rates of pay, rules, or working conditions, and the time and place for conference between 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 If from more than one class.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 No alteration in rates etc., by carriers until final action, etc., by Board.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 altered by the carrier until *Ante*, p. 580.Exception.the controversy has been 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. arbitrationArbitration. Sec. 7. First. Controversies not settled by conference, may, by agreement, be submitted to a board of.*Post*, p. 1072.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 submitted to the arbitration of a board of three (or, if the parties to the controversy so stipulate, of *Proviso*.No legal obligation violated by refusal.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. Second. Manner of choosing.Such board of arbitration shall be chosen in the following manner:
(a)Boards of three.In the case of a board of three the carrier or carriers 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. 583
(b)In the case of a board of six the carrier or carriers and theBoards of six. 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. Third.
(a)When the arbitrators selected by the respectiveNotification to Board on completion, etc. 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 its ownOrganization, etc. chairman and make all necessary rules for conducting its hearings: *Provided, however*, That the board of arbitration shall be bound to*Proviso*.Full and fair hearing to parties. 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.
(c)Upon notice from the Board of Mediation that the parties,Reconvening of board to pass upon disputes as to meaning, etc., of the award. 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 award, the board, or its subcommittee, shall at once reconvene. No question other than, or in addition to, the questionsNo other question, other than relating thereto, admitted. relating to the meaning or application of the award, submitted by the party or parties in writing, shall be considered by the reconvened board of arbitration or its subcommittee. Such rulings shall be acknowledged by such board or subcommitteeRulings to be filed with, and as part of award. thereof in the same manner, and filed in 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 of Mediation,No arbitrator, except those by the Board, disqualified by his interest in controversy. shall be incompetent to act as an arbitrator because 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 under thePayment of compensation to arbitrators. 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 itsCertified copies of award to the parties. award to the respective parties to the controversy, and shall transmit the original, together with the papers and proceedings and a transcriptOriginal, with all papers to be filed in the district court. 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 alsoCertified copies of award, etc., to be filed with Board, and of award with Interstate Commerce Commission. furnish a certified copy of its award, and the papers and proceedings, including testimony relating thereto, to the Board or 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 Com584*Proviso*.No diminishing of powers, etc., of Commission by the award.mission: *Provided, however*, That such award shall not be construed to diminish or extinguish any of the powers or duties of the Interstate Commerce Commission, under the Interstate Commerce Act, as amended.
(g)Employment of assistants to boards.A board of arbitration may, subject to the, approval of the Board of Mediation, employ and fix the compensation of such assistants as it deems necessary in carrying on the arbitration Payment by Board.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 for meetings to be supplied in public buildings.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)Provisions to taking testimony.Power to require attendance, production of books, etc.All testimony before said board shall be given under oath or affirmation, and any member of the board 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 Issue of subpoenas from district courts.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 subpoenas, 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 Assistance of courts to compel attendance, etc.such subpoenas. In the event of the failure of any person to comply with any such subpoena, 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. Witness fees, etc.Any witness appearing before a board of arbitration 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. Details of agreement to arbitrate.In writing.Purpose.The agreement to arbitrate—
(a)Shall be in writing;
(b)Shall stipulate that the arbitration is had under the provisions of this Act;
(c)Members of board.Shall state whether the board of arbitration is to consist of three or of six members;
(d)Signatures of representatives, duly acknowledged.Shall be signed by the duly accredited representatives of the carrier or carriers and the employees, 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)Questions to be submitted.Shall state specifically the questions to be 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)Right to withdraw questions.Shall provide that the questions, or any one or 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; 585
(g)Shall stipulate that the signatures of a majority of saidAction of majority of board to constitute a valid award. 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 appointment of thePeriod for completion of board. 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 withinBeginning of hearings, etc.*Proviso*.Agreeing to extension of period. which the said board shall make and file its award: *Provided*, That the parties may agree at any time upon an extension of this period;
(j)Shall provide for the date from which the award shallEffective date, etc., of award. become effective and shall fix the period during which the award shall continue in force;
(k)Shall provide that the award of the board of arbitration andFiling of award, etc., in designated district court. 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 States for the district wherein the controversy arose or the arbitration was entered into, which district shall be designated in the agreement; and, when so filed, such award and proceedings shall constitute the full and complete record of the arbitration;
(l)Shall provide that the award, when so filed, shall be finalAward to be final and conclusive upon the parties. 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,Reconvening of board for ruling as to meaning, etc., of award. or the application of the provisions, of an 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 willExecution of award by the parties. each faithfully execute the same. The said agreement to arbitrate, when properly signed and No revocation to agreement by a party thereto.*Proviso*.Both parties may cancel, etc., by written agreement delivered to board, etc.acknowledged as herein provided, shall not be revoked by a party to such agreement: *Provided, however*, That 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. Award to be filed in designated district court.The award of a board of arbitration, having been acknowledged as herein provided, shall be filed in the clerk’s office of the district court designated in the agreement to arbitrate. Second. Filed award conclusive, and judgment entered unless petition to impeach be filed in same court within 10 days.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 shall enter judgment on the award, which judgment shall be final and conclusive on the parties. Third. Grounds for entertaining impeachment of petition.Such petition for the impeachment or contesting of any award so filed shall be entertained by the court only on one or more of the following grounds:
(a)Award not in compliance with requirements of this Act.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; 586
(b)Stipulations of agreement not conformed to, etc.That the award does not conform, nor confine itself, to the stipulations of the agreement to arbitrate; or
(c)Corruption of member of board, or fraud by a party to the agreement.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 *Provisos*.Petition not entertained on ground of uncertainty.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*, Contested award to be construed liberally, etc.That an award contested 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. Award set aside if part is determined invalid.If the court shall determine that a part of the 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*,*Proviso*.Separation of valid and invalid parts on agreement of parties. 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. Judgment final, subject to appeal to circuit court of appeals.At the expiration of ten days from the decision 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 Part of record transmitted.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. Determination of circuit court of appeals.The determination of said circuit court of appeals upon said questions shall be final, and, being certified by the clerk thereof to said district court, judgment pursuant thereto shall thereupon be entered by said district court. Seventh. Entry of judgment.If the petitioner’s contentions are finally sustained, judgment shall be entered setting aside the award 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 effect as judgment entered upon an award. Eighth. Rights of individuals to render labor, etc., not hindered.Nothing in this Act shall be construed to require an individual employee to render labor or service without bis 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 or such labor or service, without his consent. emergency boardEmergency board. Sec. 10. Board to notify the President of a dispute not adjusted threatening to interrupt interstate commerce.*Post*, p. 1072.If a dispute between a carrier and its employees 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 thereupon, in his Creation of a board to investigate, etc.discretion, create a board to investigate and report respecting such dispute. Such board shall be composed of such number of persons *Proviso*.No member interested in any organization of employees or any carrier.as to the President may seem desirable: *Provided, however*, That no member appointed shall be pecuniarily or otherwise interested in 587any organization of employees or any carrier. The compensationCompensation. of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shallSeparate board in each instance to investigate facts and report within 30 days. 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 such sums as mayNecessary sums for expenses, etc., authorized. be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actually incurred for subsistence, of the members of the board. All expendituresPayment, etc. of the board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman. After the creation of such board and for thirty days after suchNo change in conditions after creation of board, and for 30 days after its report. 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. general provisionsGeneral provisions. Sec. 11. If any provision of this Act, or the application thereofInvalidity of any provision not to affect remainder of Act. to any person or circumstance, is held invalid, the 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 such sumsSums necessary for expenditures authorized. 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 sectionCircuit courts of appeals.Vol. 43, p. 936, amended. 128 of the Judicial Code, as amended, is amended to read as follows: " “Second. To review decisions of the district courts, under section 9 of the Railway Labor Act.”"
(b)Section 2 of the Act entitled “An Act to amend the JudicialReview of district court decisions of railway labor cases.*Ante*, p. 586. Code, and to further define the jurisdiction of the circuit court of appeals and of the Supreme Court, and for other purposes,” approvedSupreme Court.Vol. 43, p. 939, amended. February 13, 1925, is amended to read as follows: " “Sec. 2. That eases in a circuit court of appeals under section 9Certiorari allowed to.Railway employees appeals.*Ante*, p. 586. of the Railway Labor Act; under section 5 of ‘An Act to create a Federal Trade Commission, to define its powers and duties, and forTrade Commission orders.Vol. 38, p. 720. other purposes,’ approved September 26, 1914; and under section 11 of ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,’ approved October 15, 1914,Clayton Act enforcement.Vol. 38, p. 738.Vol. 43, p. 938. 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 ActLaws repealed.Vol. 41, p. 470.Vol. 38, p. 103. 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, employees, and agents of the Railroad LaborRailroad Labor Board continued for 30 days.*Ante*, p. 315. 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. Approved, May 20, 1926.