Page:United States Statutes at Large Volume 30.djvu/464

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 370. 1898. 425 employees engaged in railroad train service. In every such case the R•%¤P¤¤S{l>i1*({r of carrier shall be responsible for the acts and defaults of such employees °°m" °“ °”° °"°‘ in the same manner and to the same extent as if said cars were owned by it and said employees directly employed by it, and any provisions to the contrary of any such lease or other contract shall be binding only as between the parties thereto and shall not affect the obligations of said carrier either to the public or to the private parties concerned. Sec. 2. That whenever a controversy concerning wages, hours of _,,f_’g,"j,’g{,g;f,Q1';e;° *¤°· labor, or conditions of employment shall arise between a carrier subject ' to this Act and the employees of such carrier, seriously interrupting or threatening to interrupt the business of said carrier, the chairman of the Interstate Commerce Commission and the Commissioner of Labor _ shall, upon the request of either party to the controversy, with all practicable expedition, put themselves in communication with the parties to such controversy, and shall use their best eiforts, by mediation and conciliation, to amicably settle the same; and if such eforts shall be unsuccessful, shall at once endeavor to bring about an arbitration of said controversy in accordance with the provisions of this Act. » Sec. 3. That whenever a controversy shall arise between a carrier ——N1¤r¤¤>••¤.i¤¤r· subject to this Act and the employees of such carrier which can not be · settled by mediation and conciliation in the manner provided in the preceding section, said controversy may be submitted to the arbitration of a board of three persons, who shall be chosen in the manner follow- —B·>¤¤ *<· •¤»*¤‘•*<=~ ing: One shall be named by the carrier or employer directly interested; —1¤¤w ¤¤¤¤¤*»¤¤· the other shall be named by the labor organization to which the employees directly interested belong, or, if they belong to more than one, by that one of them which specially represents employees of the same grade and class and engaged in services of the same nature as said employees so directly interested: Provided, however, That when _£'*;"u°d_0“m“ _,_ a controversy involves and affects the interests of two or more classes fecting aurmui iam and grades of employees belonging to diiferent labor organizations, °'g“““°*‘°““· such arbitrator shall be agreed upon and design ated by the concurrent action of all such labor organizations; and in cases where the majority of such employees are not members of any labor organization, said employees may by a majority vote select a committee of their own number, which committee shall have the right to select the arbitrator on behalf of said employees. The two thus chosen shall select the ··°'°*¤*¤* ¤*'>***•*°*· third commissioner of arbitration; but, in the event of their failure to name such arbitrator within five days after their first meeting, the third arbitrator shall be named by the commissioners named in the preceding section. A majority of said arbitrators shall be competent to make a valid and binding award under the provisions hereoil The “$¤l·)·te=l··*¤¤· f·•*¤·· submission shall be in writing, shall be signed by the employer and by °" ' the labor organization representing the employees, shall specify the ‘ time and place of meeting of said board of arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate, as follows: First. That the board of arbitration shall commence their hearings §ti£:1¤¤·>¤¤ <>f¤¤b- within ten days from the date of the appointment of the third arbitra- ']'L'ff,,,,,` of h,m,,g,,_ tor, and shall iind and iile their award, as provided in this section, m- _ . within thirty days from the date of the appointment of the third arbi· :-::**;;,3]* 3;*;*;::3; trator; and that pending the arbitration the status existing immediately aim? P g prior to the dispute shall not be changed: Provided, That no employee {;¤¢{#<>·m Y shall be compelled to render personal service without his consent. ia.,-"° °° I °" ` Second. That the award and the papers and proceedings, including Ulfilgggsfjtjswjificjg the testimony relating thereto certified under the hands of the arbitra- mm. tors and which shall have the force and effect of a bill of exceptions, shall be filed in the clerk’s office of the circuit court of the United States for the district wherein the controversy arises or the arbitration is entered into, and shall be tinal and conclusive upon both parties, unless set aside for error of law apparent on the record. Third. That the respective parties to the award will each faithfully F¤!°*°*¤S •"¤"*· execute the same, and that the same may be specitieally enforced in