45 U.S.C. § 159a — Special procedure for commuter service

Page 24 TITLE 45—RAILROADS § 159a 1 See References in Text note below. 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. Impeachment of award; grounds Such petition for the impeachment or con- testing of any award so filed shall be enter- tained by the 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 chapter for such awards, or that the proceedings were not substantially in conformity with this chapter; (b) That the award does not conform, nor con- fine 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 cor- ruption; or that a party to the arbitration prac- ticed fraud or corruption which fraud or corrup- tion affected the result of the arbitration: Pro- vided, however, That no court shall entertain any such petition on the ground that an award is in- valid 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 chapter: Pro- vided further, 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 irreg- ularity or clerical error, going only to form and not to substance. Fourth. Effect of partial invalidity of award If the court shall determine that a part of the award is invalid on some ground or grounds des- ignated 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 in- valid part, and order judgment to stand as to the valid part. Fifth. Appeal; record At the expiration of 10 days from the decision of the district court upon the petition filed as aforesaid, final judgment shall be entered in ac- cordance with said decision, unless during said 10 days either party shall appeal therefrom to the court of appeals. In such case only such por- tion of the record shall be transmitted to the ap- pellate court as is necessary to the proper un- derstanding and consideration of the questions of law presented by said petition and to be de- cided. Sixth. Finality of decision of court of appeals The determination of said court of appeals upon said questions shall be final, and, being certified by the clerk thereof to said district court, judgment pursuant thereto shall there- upon be entered by said district court. Seventh. Judgment where petitioner’s conten- tions are sustained If the petitioner’s contentions are finally sus- tained, 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 judg- ment when entered shall have the same force and effect as judgment entered upon an award. Eighth. Duty of employee to render service with- out consent; right to quit Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, nor shall any- thing in this chapter 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. (May 20, 1926, ch. 347, § 9, 44 Stat. 585; 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, pars. Fifth and Sixth con- tained references to the ‘‘circuit court of appeals’’. Act June 25, 1948, as amended by act May 24, 1949, sub- stituted ‘‘court of appeals’’ for ‘‘circuit court of ap- peals’’. § 159a. Special procedure for commuter service (a) Applicability of provisions Except as provided in section 590(h) 1 of this title, the provisions of this section shall apply to any dispute subject to this chapter between a publicly funded and publicly operated carrier providing rail commuter service (including the Amtrak Commuter Services Corporation) and its employees. (b) Request for establishment of emergency board If a dispute between the parties described in subsection (a) is not adjusted under the fore- going provisions of this chapter and the Presi- dent does not, under section 160 of this title, cre- ate an emergency board to investigate and re- port on such dispute, then any party to the dis- pute or the Governor of any State through which the service that is the subject of the dis- pute is operated may request the President to establish such an emergency board. (c) Establishment of emergency board (1) Upon the request of a party or a Governor under subsection (b), the President shall create an emergency board to investigate and report on the dispute in accordance with section 160 of this title. For purposes of this subsection, the period during which no change, except by agree- ment, shall be made by the parties in the condi- tions out of which the dispute arose shall be 120 days from the day of the creation of such emer- gency board. (2) If the President, in his discretion, creates a board to investigate and report on a dispute be- tween the parties described in subsection (a), the provisions of this section shall apply to the same extent as if such board had been created pursuant to paragraph (1) of this subsection. Page 25 TITLE 45—RAILROADS § 160a (d) Public hearing by National Mediation Board upon failure of emergency board to effec- tuate settlement of dispute Within 60 days after the creation of an emer- gency board under this section, if there has been no settlement between the parties, the National Mediation Board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony setting forth the reasons it has not accepted the recommendations of the emergency board for settlement of the dispute. (e) Establishment of second emergency board If no settlement in the dispute is reached at the end of the 120-day period beginning on the date of the creation of the emergency board, any party to the dispute or the Governor of any State through which the service that is the sub- ject of the dispute is operated may request the President to establish another emergency board, in which case the President shall establish such emergency board. (f) Submission of final offers to second emer- gency board by parties Within 30 days after creation of a board under subsection (e), the parties to the dispute shall submit to the board final offers for settlement of the dispute. (g) Report of second emergency board Within 30 days after the submission of final of- fers under subsection (f), the emergency board shall submit a report to the President setting forth its selection of the most reasonable offer. (h) Maintenance of status quo during dispute pe- riod From the time a request to establish a board is made under subsection (e) until 60 days after such board makes its report under subsection (g), no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose. (i) Work stoppages by employees subsequent to carrier offer selected; eligibility of employees for benefits If the emergency board selects the final offer submitted by the carrier and, after the expira- tion of the 60-day period described in subsection (h), the employees of such carrier engage in any work stoppage arising out of the dispute, such employees shall not be eligible during the period of such work stoppage for benefits under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. (j) Work stoppages by employees subsequent to employees offer selected; eligibility of em- ployer for benefits If the emergency board selects the final offer submitted by the employees and, after the expi- ration of the 60-day period described in sub- section (h), the carrier refuses to accept the final offer submitted by the employees and the employees of such carrier engage in any work stoppage arising out of the dispute, the carrier shall not participate in any benefits of any agreement between carriers which is designed to provide benefits to such carriers during a work stoppage. (May 20, 1926, ch. 347, § 9A, as added Pub. L. 97–35, title XI, § 1157, Aug. 13, 1981, 95 Stat. 681.) Editorial Notes REFERENCES IN TEXT Section 590(h) of this title, referred to in subsec. (a), was repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379. The Railroad Unemployment Insurance Act, referred to in subsec. (i), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as a note under section 1101 of this title. § 160. Emergency board If a dispute between a carrier and its employ- ees be not adjusted under the foregoing provi- sions of this chapter and should, in the judg- ment of the Mediation Board, threaten substan- tially to interrupt interstate commerce to a de- gree such as to deprive any section of the coun- try of essential transportation service, the Me- diation Board shall notify the President, who may thereupon, in his discretion, create a board to investigate and report respecting such dis- pute. Such board shall be composed of such number of persons as to the President may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise in- terested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the Presi- dent. 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 authorized to be appropriated such sums as may be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actu- ally incurred for subsistence, of the members of the board. All expenditures 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 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. (May 20, 1926, ch. 347, § 10, 44 Stat. 586; June 21, 1934, ch. 691, § 7, 48 Stat. 1197.) Editorial Notes AMENDMENTS 1934—Act June 21, 1934, substituted ‘‘Mediation Board’’ for ‘‘Board of Mediation’’ wherever appearing. § 160a. Rules and regulations (a) In general The Mediation Board shall have the authority from time to time to make, amend, and rescind, in the manner prescribed by section 553 of title 5, and after opportunity for a public hearing, such rules and regulations as may be necessary to carry out the provisions of this chapter.