Page:United States Statutes at Large Volume 44 Part 1.djvu/2122

 _ er _‘ K , §156 a·1mm_ 4.5.-:12 (e) The Interstate Commerce Commission, the _ Bureau of - z Labor Statistics,-end the custodian of the  rewectively, -1 of the Railrmd Labor Board, of the mediators dqlgnated in 9 the Act approved June 1, 1%} providing. for -· &iation· and ` ~ nrbitratloo, known as the Erdman Act, uml of the Board of v. Mediation and Ooucilietion created by the Act approved July _ 15, 1913,* providing for mediation, couciliatiou,_aud` arbitration,. 9 9 known as the Newlands Act, ore hereby authorized and directed v to trauefer and deliver to the Board ot Mediation created by this Act any and all papers. and documents heretofore hled with. _ or transierreél to them, respectively, bearing upon the settlement, adjustment, or deternxinotiou of disputes between wrrlcrs and their employees oryupon mediation or- arbitration proceed- ' ings held under or pursuant to the provisiolis of any Act A0!. Congress1_Jin_ respect- to such disputes; and the President ~isauthorized to require the transfer and delivery to the Board Mediation, created by-_ this Act,' of any-. and ·all such papers? and. umentsliled .with‘01• in the possession ot any agency of the Gover nt. The President is authorized to designate Aa custodian  `and property of the Railroad Labor t Board, until the tron r and delivery of such records to the · {Board of Mediation ._aud\the\_ glspositiou of such property in such manner as the President Em dlrecte, (May 20,1926, c. 347, § 5,"44 Stat. 580.) { .  I - New section. See footnote to this chapter,. X __` 156. Procedure- in changing rates of pay, rules, au\d\QrHug eouditioué.—Carriers and the representatives of the employees shall give at least thirty days? written notice of an intended change Aaffectlng. rates of pay, rules, or w01ikingA conditions, and » the time and placefor conference betweenthe representatives - of the parties _.intereete<1 in such intended changes Shall be agreed upon within ten" days { after .A the receipt of A said notice and said. time shall be within the thirty days provided. in the notice. Should changes be. requested from more than one class or associated classes at approximately the same tix.pé§¥ _ thisdate for the conference Ashall be understood to apply only to the first conference {or each class; it being. the intent that subsequent eonterenceo in respect to meh request shall be heldiu the order of its receipt and shall follow` meh other with rea·· sonable. pl-omptnees. In every case where such `notice ot. iu—` tended change has Keen given, or. conferences are Abelng held with reference thereto, or ,the,services_ ot the Board .ot·Medlation A have been requested  either party, or said board hai proffered . its service, rat§ of poy, rules, or worlglug, muditlom shall not he altered by the carrier until the controversy haebeen Hnally . acted upon, no requlredj by section 5 of this Act} by the Board of Mediation, unless a period of ten days has elapsed after termination of conferencw without request for or proter Abt the services of the Board of Mediation. (May 20, 1926, c. 3;i7, { A6, »44smt.o82; J v" ._ _— _ ‘ ‘ I Nesv section. . See__l'ootnote_jto this chapter. · 157. A Arbitration.-¥—First. Submission of controversy Jo orbi- ¢m;io;a.——Whe1aever a controversy shall erlse between 1 carrier or mrrlers and its or their mployees which is not iettlecl either in conference between repreeentativm of the · portioe or by the appropriate adj nstment board or through mediation, in the manner fprovicled- in the A preceding Amctions, such. controversy uiay, by agreementlot the parties to snch controversy, be Abuhmlttod to the arbitration ot an board of three (or, it the parttco to. the controversy so stipulate, of six) persons: Provldod, hosoooor, '1fhnt._the iaglure or’retusa1` of- either party to submit a controversy to arbitration shall not be construed as {violation o£‘ ’ “Act " ohoul@·r he translated “ chapter! _ _ A A w »‘ ?'1`he A¢t.ot_Iuly 15, 1913, here mentioned, in act out. in ll 161 ·to 1253, inclusive, of Title $5 of the Code. "1‘he Act of July 16, 1913, ropealed the Act of June 1, 1898, also mentioned in  text. · h°·*‘tS:ction. 5 of this act" should he translated f' section 1§5`ot this e up e .·-- —

\ mnnoms i 2108 any legal obligation imposed upon such party by the terms lot _ th$Actcrotherwise. ·  ol _ Q Second; Kennet; of selecting board, of. -arbltra-ti·oas.-¤¥-Stnch ‘ board of arbitration shall be chosen in the following manner: * ‘ (a) In the case of a board of three the carrier or carriers and the representatives of the enzployees, parties respectively to the agreement to arbitrate, shall each name. one arbitrator; the two arbitrators thus. chosen shall select a_third arbitrator. It the arbitrators chosen by the mrties shall `tail to naine the N third arbitrator within nve days after their nrst meeting, such third arbitrator shall be  by the Board. of Mediation. - (.b) In the case of,··a·lpard of six the carrier or carriers and the representatives ot the employees, partiw -respectlvcly_ to the agreement to arbitrate, shall each name two arbitrators; _ the `fourl arbitrators thus] chosen shall; by ‘a majority vote, selectthe remaining two arbitrators; It the arbitrators chosen by the parties__shall tail to name the two. arbitrators within ilfteen days after their ilrst meeting, the mid two arbitrators, or - as many ot them as have not been named, amll he named by the Board of Mediation. _ . ‘  *  Third. Board of arbitra»Hon;" orgzmtzation; coi»pematioa; procedures-(a). Notice of selection or Milan to select arb€}m·§ t0r.§_.4—When" the `arbitrators selected- by the respective partks have agreed upon the remaining arbltratorsor arbitrators, they shall notify the Board of Mediation'; and, in the event of their failure to agree_E5on any or upon all of the  arbltra- » tors. within the period dried by this Actf tmy shall, at’the eipiration of such period; notify the Board of-Mediation of the a trators selected, litany, oro! their failureto make onto comple `nch selection. _ l _ _ · é _ 0 (b) ·0rya tion of board; procedure;-—-The boaxd of arbitration  and select its own chairman and make _al1 necessary rules fofconrducting, it$ hearing: Provided, however, That the board of arbitr ‘ n shall be bond to give the — ‘ parties to the controversy a fu1, which shall include an opportunity to present evide Q support of their claims; and an ppportunlty to present their Que in person, by counsel, or by other representatlre as they may  acct. il (e) Dat;) to  qneationé   notice from the Beard of Mediation that the   or either party,° to an arbitration desire the reconrenlng ot the board of arbttraf tion (or a subcommittee ot auch board of arbitration appointed for such purpose pnrsnant to the agreement to arbitrate) to pass upon any controversy over the meaning or application ol s their award, the board, ·or-ltssnbcommittee, snannaeloace reconvene. °No qneationother than, or in addition to, the qnwtpns. 'T— irelating to the meaning orappllcation of the aF¤1`$!. submitted r by the party or partiesin writing, shall be considered. by- the » j'recon,vened board of arbitration or its subcommittee. - _ — _ l *8uch rulings shall be acknowledged by such board or sub-» committee thereof in the same manner, and med in the me district court clerk’s omce, as the original award and `become `_ aputthereof.   _~ _ " _ ‘ 1 _(d) Competency of arbit:·atora.-—-No nrbltratoxyexccpt those chosen by the Board- ot Mcdiationfshall be incompetent to act as an arbitrator   of his intvest in the conuorersy to be arhitrated, or because of his connection with or partlnlity to either ot, the parties to the arbitration. l `_ (6) Conzpenaation and e¤rp·encco.·-—-—Ench rnember of any hoard of arbitration created under the orovisionaot this1Aet' named by either party to the arbitration shall beycompenmted by the naming htm. Each arbitrat&· selected by theoarbitrators or named by the Board of Mediation  receive from the Board of Mediation s€& cornpensationzr as the Board ot Mediation may dx, together with. his necessary traveling expenses and eipenees actually incurred torfsnbsistencei while serving as an arhitratoid; ·  _ _· e _'   I · Q *“Act” shonld be `translated “ehanter." ·. _ `