45 U.S.C. § 157 — Arbitration

Page 20 TITLE 45—RAILROADS § 156 member of the original Board is unable or un- willing 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) Within sixty days after June 21, 1934, every carrier shall file with the Mediation Board a copy of each contract with its employees in ef- fect on the 1st day of April 1934, covering rates of pay, rules, and working conditions. If no con- tract with any craft or class of its employees has been entered into, the carrier shall file with the Mediation Board a statement of that fact, including also a statement of the rates of pay, rules, and working conditions applicable in deal- ing with such craft or class. When any new con- tract is executed or change is made in an exist- ing contract with any class or craft of its em- ployees covering rates of pay, rules, or working conditions, or in those rates of pay, rules, and working conditions of employees not covered by contract, the carrier shall file the same with the Mediation Board within thirty days after such new contract or change in existing contract has been executed or rates of pay, rules, and work- ing conditions have been made effective. (f) The Mediation Board shall be the custodian of all papers and documents heretofore filed with or transferred to the Board of Mediation bearing upon the settlement, adjustment, or de- termination of disputes between carriers and their employees or upon mediation or arbitra- tion proceedings held under or pursuant to the provisions of any Act of Congress in respect thereto; and the President is authorized to des- ignate a custodian of the records and property of the Board of Mediation until the transfer and delivery of such records to the Mediation Board and to require the transfer and delivery to the Mediation Board of any and all such papers and documents filed with it or in its possession. (May 20, 1926, ch. 347, § 5, 44 Stat. 580; June 21, 1934, ch. 691, § 5, 48 Stat. 1195; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes CODIFICATION As originally enacted, par. Third (b) contained a ref- erence to the ‘‘circuit court of appeals’’. Act June 25, 1948, as amended by act May 24, 1949 substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’. AMENDMENTS 1934—Act June 21, 1934, amended generally par. First and par. Third, (e) and (f). § 156. Procedure in changing rates of pay, rules, and working conditions Carriers and representatives of the employees shall give at least thirty days’ written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of con- ference between the representatives of the par- ties 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. In every case where such notice of intended change has been given, or conferences are being held with ref- erence thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be al- tered by the carrier until the controversy has been finally acted upon, as required by section 155 of this title, by the Mediation Board, unless a period of ten days has elapsed after termi- nation of conferences without request for or proffer of the services of the Mediation Board. (May 20, 1926, ch. 347, § 6, 44 Stat. 582; June 21, 1934, ch. 691, § 6, 48 Stat. 1197.) Editorial Notes AMENDMENTS 1934—Act June 21, 1934, inserted ‘‘in agreements’’ after ‘‘intended change’’ in text, struck out provision formerly contained in text concerning changes re- quested by more than one class, and substituted ‘‘Medi- ation Board’’ for ‘‘Board of Mediation’’ wherever ap- pearing. Executive Documents WAGE AND SALARY ADJUSTMENTS Ex. Ord. No. 9299, eff. Feb. 4, 1943, 8 F.R. 1669, provided procedure with respect to wage and salary adjustments for employees subject to this chapter. § 157. Arbitration First. Submission of controversy to arbitration Whenever a controversy shall arise between a carrier or carriers and its or their employees which is not settled either in conference be- tween representatives of the parties or by the appropriate adjustment board or through medi- ation, in the manner provided in sections 151— 156 of this title such controversy may, by agree- ment of the parties to such controversy, be sub- mitted 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 con- troversy to arbitration shall not be construed as a violation of any legal obligation imposed upon such party by the terms of this chapter or other- wise. Second. Manner of selecting board of arbitration Such board of arbitration shall be chosen in the following manner: (a) In the case of a board of three the carrier or carriers and the representatives of the em- ployees, 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 par- ties shall fail to name the third arbitrator with- in five days after their first meeting, such third arbitrator shall be named by the Mediation Board. (b) In the case of a board of six the carrier or carriers and the representatives of the employ- ees, parties respectively to the agreement to ar- bitrate, 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 Page 21 TITLE 45—RAILROADS § 157 after their first meeting, the said two arbitra- tors, or as many of them as have not been named, shall be named by the Mediation Board. Third. Board of arbitration; organization; com- pensation; procedure (a) Notice of selection or failure to select arbitra- tors When the arbitrators selected by the respec- tive parties have agreed upon the remaining ar- bitrator or arbitrators, they shall notify the Me- diation Board; and, in the event of their failure to agree upon any or upon all of the necessary arbitrators within the period fixed by this chap- ter, they shall, at the expiration of such period, notify the Mediation Board of the arbitrators se- lected, if any, or of their failure to make or to complete such selection. (b) Organization of board; procedure The board of arbitration shall organize and se- lect its own chairman and make all necessary rules for conducting its hearings: Provided, how- ever, That the board of arbitration shall be bound to give the parties to the controversy a full and fair hearing, which shall include an op- portunity 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) Duty to reconvene; questions considered Upon notice from the Mediation Board that the parties, or either party, to an arbitration de- sire 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 con- troversy 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 questions relating to the meaning or application of the award, submitted by the party or parties in writing, shall be con- sidered by the reconvened board of arbitration or its subcommittee. Such rulings shall be acknowledged by such board or subcommittee thereof in the same man- ner, and filed in the same district court clerk’s office, as the original award and become a part thereof. (d) Competency of arbitrators No arbitrator, except those chosen by the Me- diation Board, shall be incompetent to act as an arbitrator because of his interest in the con- troversy to be arbitrated, or because of his con- nection with or partiality to either of the par- ties to the arbitration. (e) Compensation and expenses Each member of any board of arbitration cre- ated under the provisions of this chapter named by either party to the arbitration shall be com- pensated by the party naming him. Each arbi- trator selected by the arbitrators or named by the Mediation Board shall receive from the Me- diation Board such compensation as the Medi- ation Board may fix, together with his necessary traveling expenses and expenses actually in- curred for subsistence, while serving as an arbi- trator. (f) Award; disposition of original and copies The board of arbitration shall furnish a cer- tified copy of its award to the respective parties to the controversy, and shall transmit the origi- nal, 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 dis- trict wherein the controversy arose or the arbi- tration 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, including testi- mony relating thereto, to the Mediation Board to be filed in its office; and in addition a cer- tified copy of its award shall be filed in the of- fice 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 Commerce Commission, under subtitle IV of title 49. (g) Compensation of assistants to board of arbi- tration; expenses; quarters A board of arbitration may, subject to the ap- proval of the Mediation Board, employ and fix the compensation of such assistants as it deems necessary in carrying on the arbitration pro- ceedings. 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 Me- diation Board. Whenever practicable, the board shall be sup- plied with suitable quarters in any Federal building located at its place of meeting or at any place where the board may conduct its pro- ceedings or deliberations. (h) Testimony before board; oaths; attendance of witnesses; production of documents; sub- poenas; fees 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 pro- duction of such books, papers, contracts, agree- ments, and documents as may be deemed by the board of arbitration material to a just deter- mination of the matters submitted to its arbi- tration, 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 au- thorized deputy shall be, and he is, authorized, and it shall be his duty, to issue such subpoenas. Any witness appearing before a board of arbi- tration shall receive the same fees and mileage as witnesses in courts of the United States, to be paid by the party securing the subpoena. (May 20, 1926, ch. 347, § 7, 44 Stat. 582; June 21, 1934, ch. 691, § 7, 48 Stat. 1197; Pub. L. 91–452, title II, § 238, Oct. 15, 1970, 84 Stat. 930.) Page 22 TITLE 45—RAILROADS § 157 Editorial Notes CODIFICATION In par. Third (f), ‘‘subtitle IV of title 49’’ substituted for ‘‘the Interstate Commerce Act, as amended [49 U.S.C. 1 et seq.]’’ on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which en- acted subtitle IV of Title 49, Transportation. AMENDMENTS 1970—Par. Third, (h). Pub. L. 91–452 struck out provi- sions authorizing board to invoke aid of the United States courts to compel witnesses to attend and testify and to produce such books, papers, contracts, agree- ments, and documents to same extent and under same conditions and penalties as provided for in the Inter- state Commerce Act. 1934—Act June 21, 1934, substituted ‘‘Mediation Board’’ for ‘‘Board of Mediation’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. WORK RULES DISPUTE Pub. L. 88–108, Aug. 28, 1963, 77 Stat. 132, provided: ‘‘[SEC. 1. Settlement of disputes]. That no carrier which served the notices of November 2, 1959, and no labor organizations which received such notices or served the labor organization notices of September 7, 1960, shall make any change except by agreement, or pursuant to an arbitration award as hereinafter pro- vided, in rates of pay, rules, or working conditions en- compassed by any of such notices, or engage in any strike or lockout over any dispute arising from any of such notices. Any action heretofore taken which would be prohibited by the foregoing sentence shall be forth- with rescinded and the status existing immediately prior to such action restored. ‘‘SEC. 2. [Arbitration board]. There is hereby estab- lished an arbitration board to consist of seven mem- bers. The representatives of the carrier and organiza- tion parties to the aforesaid dispute are hereby di- rected, respectively, within five days after the enact- ment hereof [Aug. 28, 1963] each to name two persons to serve as members of such arbitration board. The four members thus chosen shall select three additional members. The seven members shall then elect a chair- man. If the members chosen by the parties shall fail to name one or more of the additional three members within ten days, such additional members shall be named by the President. If either party fails to name a member or members to the arbitration board within the five days provided, the President shall name such member or members in lieu of such party and shall also name the additional three members necessary to con- stitute a board of seven members, all within ten days after the date of enactment of this joint resolution [Aug. 28, 1963]. Notwithstanding any other provision of law, the National Mediation Board is authorized and di- rected: (1) to compensate the arbitrators not named by the parties at a rate not in excess of $100 for each day together with necessary travel and subsistence ex- penses, and (2) to provide such services and facilities as may be necessary and appropriate in carrying out the purposes of this joint resolution. ‘‘SEC. 3. [Decision of board]. Promptly upon the com- pletion of the naming of the arbitration board the Sec- retary of Labor shall furnish to the board and to the parties to the dispute copies of his statement to the parties of August 2, 1963, and the papers therewith sub- mitted to the parties, together with memorandums and such other data as the board may request setting forth the matters with respect to which the parties were in tentative agreement and the extent of disagreement with respect to matters on which the parties were not in tentative agreement. The arbitration board shall make a decision, pursuant to the procedures herein- after set forth, as to what disposition shall be made of those portions of the carriers’ notices of November 2, 1959, identified as ‘Use of Firemen (Helpers) on Other Than Steam Power’ and ‘Consist of Road and Yard Crews’ and that portion of the organizations’ notices of September 7, 1960, identified as ‘Minimum Safe Crew Consist’ and implementing proposals pertaining there- to. The arbitration board shall incorporate in such de- cision any matters on which it finds the parties were in agreement, shall resolve the matters on which the par- ties were not in agreement, and shall, in making its award, give due consideration to those matters on which the parties were in tentative agreement. Such award shall be binding on both the carrier and organi- zation parties to the dispute and shall constitute a complete and final disposition of the aforesaid issues covered by the decision of the board of arbitration. ‘‘SEC. 4. [Award]. To the extent not inconsistent with this joint resolution the arbitration shall be conducted pursuant to sections 7 and 8 of the Railway Labor Act [this section and section 158 of this title], the board’s award shall be made and filed as provided in said sec- tions and shall be subject to section 9 of said Act [sec- tion 159 of this title]. The United States District Court for the District of Columbia is hereby designated as the court in which the award is to be filed, and the arbitra- tion board shall report to the National Mediation Board in the same manner as arbitration boards func- tioning pursuant to the Railway Labor Act [this chap- ter]. The award shall continue in force for such period as the arbitration board shall determine in its award, but not to exceed two years from the date the award takes effect, unless the parties agree otherwise. ‘‘SEC. 5. [Hearings]. The arbitration board shall begin its hearings thirty days after the enactment of this joint resolution [Aug. 28, 1963] or on such earlier date as the parties to the dispute and the board may agree upon and shall make and file its award not later than ninety days after the enactment of this joint resolution [Aug. 28, 1963]: Provided, however, That said award shall not become effective until sixty days after the filing of the award. ‘‘SEC. 6. [Collective bargaining for issues not arbi- trated]. The parties to the disputes arising from the aforesaid notices shall immediately resume collective bargaining with respect to all issues raised in the no- tices of November 2, 1959, and September 7, 1960, not to be disposed of by arbitration under section 3 of this joint resolution and shall exert every reasonable effort to resolve such issues by agreement. The Secretary of Labor and the National Mediation Board are hereby di- rected to give all reasonable assistance to the parties and to engage in mediatory action directed toward pro- moting such agreement. ‘‘SEC. 7. [Considerations affecting award; enforce- ment.] ‘‘(a) In making any award under this joint resolution the arbitration board established under section 2 shall Page 23 TITLE 45—RAILROADS § 159 give due consideration to the effect of the proposed award upon adequate and safe transportation service to the public and upon the interests of the carrier and em- ployees affected, giving due consideration to the nar- rowing of the areas of disagreement which has been ac- complished in bargaining and mediation. ‘‘(b) The obligations imposed by this joint resolution, upon suit by the Attorney General, shall be enforcible through such orders as may be necessary by any court of the United States having jurisdiction of any of the parties. ‘‘SEC. 8. [Expiration date]. This joint resolution shall expire one hundred and eighty days after the date of its enactment [Aug. 28, 1963], except that it shall remain in effect with respect to the last sentence of section 4 for the period prescribed in that sentence. ‘‘SEC. 9. [Separability]. If any provision of this joint resolution or the application thereof is held invalid, the remainder of this joint resolution and the applica- tion of such provision to other parties or in other cir- cumstances not held invalid shall not be affected there- by.’’ § 158. Agreement to arbitrate; form and contents; signatures and acknowledgment; revocation The agreement to arbitrate— (a) Shall be in writing; (b) Shall stipulate that the arbitration is had under the provisions of this chapter; (c) Shall state whether the board of arbitra- tion is to consist of three or of six members; (d) Shall be signed by the duly accredited rep- resentatives of the carrier or carriers and the employees, parties respectively to the agree- ment to arbitrate, and shall be acknowledged by said parties before a notary public, the clerk of a district court or court of appeals of the United States, or before a member of the Mediation Board, and, when so acknowledged, shall be filed in the office of the Mediation Board; (e) 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) 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 ar- bitration 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 ma- jority 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 ap- pointment of the arbitrator or arbitrators nec- essary 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 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 shall 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 and the evidence of the pro- ceedings 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 of- fice 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 con- stitute the full and complete record of the arbi- tration; (l) Shall provide that the award, when so filed, shall 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 pro- visions, of an award made by a board of arbitra- tion shall be referred back for a ruling to the same board, or, by agreement, to a sub- committee 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 prop- erly signed and acknowledged as herein pro- vided, shall not be revoked by a party to such agreement: Provided, however, That such agree- ment to arbitrate may at any time be revoked and canceled by the written agreement of both parties, signed by their duly accredited rep- resentatives, and (if no board of arbitration has yet been constituted under the agreement) de- livered to the Mediation Board or any member thereof; or, if the board of arbitration has been constituted as provided by this chapter, deliv- ered to such board of arbitration. (May 20, 1926, ch. 347, § 8, 44 Stat. 584; June 21, 1934, ch. 691, § 7, 48 Stat. 1197; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes CODIFICATION As originally enacted, par. (d) contained a reference to the ‘‘circuit court of appeals’’. Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘court of ap- peals’’ for ‘‘circuit court of appeals’’. AMENDMENTS 1934—Act June 21, 1934, substituted ‘‘Mediation Board’’ for ‘‘Board of Mediation’’ wherever appearing. § 159. Award and judgment thereon; effect of chapter on individual employee First. Filing of award 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. Conclusiveness of award; judgment An award acknowledged and filed as herein provided shall be conclusive on the parties as to the merits and facts of the controversy sub- mitted 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