Page:United States Statutes at Large Volume 44 Part 1.djvu/2123

 2109 -, _ - \ TITLE 45.-e (t)_ Award; dfapositioa of orfgfnof and eopiea.-—The board ot, arbitration shall furnish a certi§ed, copy ot_ its award to the respective partiea to the controversy, aged shall transmit the Ogigieel, hogetherw-ith the papers and proceedings and a tran! Script et the evidence taken at the hearing, certified under the max of at least a majority of the `arbitrators, to theclerk of the district court of the United Sthftw for the district wherein the eo¤tir~oversy arose or the arbitration is entered into, to be Bled ia said clerk’s_ omce as hereinafter pmvmea'. The said uma shall_alSo`fu1‘ai@ 4 certiBed copy of its award, and the papers and pi‘00€‘€di¤8$•· including ·~testimo1iy relating thereto, to the Board ~of Biegliatiou,_ to he filed in its omce; and in additioe a certihed copy of its award shall. be filed in the o&ce o1'— meinterstate Commerce Coinmiésiouz Provided; Itowever, •1Yhat_ each award shall not be construed to diminish or extinguish — any of me powe¤jsp·or"duties of the Interstate- Coxiimeree Commission, under the Iiiterstate C0mme{ce Act}? as amended. l {gl Compenso»!·£on Of48&;·8Y@¤t8·t0 `board of aojbitra»ti<m.; ewppegee; quarters.-·iA·  jot arb{tra`tiou_ may, subject to the approval of the Bmrd_of_.·Mediatioh. employ and‘· at thecotnpenmtioa of _ such assistants as it deems necessary "iu carrying on. the arbitration proceedings. The .eompeneatim1 of- such employees, together with their ” necessary traveling expenses and expenses actually incurred ifor ·subsisteuce,' while S0 employed; ` and the necessary expenses, of `hoards of._arbitratior1; shall be paid by the Board of Mediatiozi. . - ‘  " _ Whenever practimhle, the bmrd shall be supplied with suit= able quarters in any-Federal bulldi__ng located jat its’place of meeting or qt any plaée where the board may conduct its proceediags or deliberations.   _ ._ " _   ‘. I ` _(·h} Teatimo••¥y‘&{ore. board; oaths; attendance Qf·1U1tf7!·8§8€8 ; prodaction of documentq; aubpwnoa; compulsion of aoitlneeses;. {ees.————All testimony before said board shall be given under oath or amrmatioxi; aud" any member of the board shall have the power  administer oaths or atlirmationsf The ‘board"0f arbitration, or any member thereof, shall. have tl1c_.p0wcr. to _ require the attendance of withewos and tlxepproduction of such e books, papers, contracts, agreement; and documents as may be deemed. by'the board of arbitration material- to a· just determiaatioa of the matters subruitted_ to {ts”arbitrati0uQ`*and'u1ay for that purpose requestthe clerk of (he district court ot the United States for the district wherein] Said uarbltratioa is being cohauoted to issue the necessary subpcenae, and upon such request the'said·e1erk or his duly authoriied `deputy `shall `be, and he hereby is, authorized,. and ‘ lt shall be his duty, to issue such _ _ subpmuas. ‘ In the eyeut of the failure of any person to comply ` with any each subpoena, or.1¤‘ the event of tlxejjcontumacy ot any witness appurlui before the hoard of arbitration, the board may invoke the aid of the U1ilted’ States courts to compel witnesses to attend aud. @@1 and to progluee such books, papers, contracts, §§l‘&€.HlQ§té, and ilocumenw to the same extent and lmdcr the gme conditions. and'peaa1ti@ as provided for in the Act to regulate commerce “ npproired February 4, 1887, and the _®meadme·ata theretog A - _ l ` ·. . . ».._A¤y wit@ appearing before. s bmrd ot arbltraticur shall receive the ham fees and gmleage aa witaesseein courts ot the . A United States, to the mid by the party securillg the subpoena. (May 20, 19%, c. 347,} 7, 44 Stat. 582.) ° ` ~. ,New sectton. footnote totals chapterp F X e 158. Agreenmt to. arbitrate: fora •M··eo¤te¤ts;—sign•t¤res ‘ and lcknovbdxnent: r¢vo¢•tio¤.—g—The agreement to arbitratec(n)` Shall be in writing: °. (b) Shall stipulate that the nrliltratiozi  had under the pro-· viaious ot this Aet.:" l ·,  E U n " » .¤¤d ltr •.me¤dme¤ts,·both· of which are mentioned in thetext is set out in chapter 1 eenrnue 49 or the Code. » • » ‘ "Act " should be translated “ chapter}! u
 * °'1‘he_ nlaterstnte Commerce Act, wblm is the, Act or Feb. 4, 1887.

RAILROADS §158 ` (c)_ Shall state whether the board of arbitration is torconsist _ of three or of six members; · ~_ I I .~ (d) Shall be siped by. the duly accredited representatives ot the carrier or earriers and the employees, parties renpectively to the agreement to arbitrate, and shall be acknowledéed by said. parties before a notary pnblic; the clerk of. a district court or clrc1rit court of appeals of the United States, or before a _member of the Board of Mediation, and, when so acknowiEdged', _ ‘sbal1 be illed in theomce ot the Board =o£ Mediation; j . (e) Shall state specifically the questions to be submitted to? the said board for decision; and _-that, in- its avrarjd or awards,. . _the._said_ board shall, eonilne itsel! strictly to decisions as to the t. l questions sospecideally submitted toit; " _° ‘ " _ Q, (LL Shall provide that the qneqtions, or any one or more of l `them, submitted by the parties to the board of arbitraiioninay be tvlthdrawn lfrom a itration pon` notice to that effeet signed .by— the duly aceredite§representatives of all the parties and served on the. board of arbitration`; - » °. · _ _ _· (Q) Shall stipulate that the `signatureé of a· majority; of said board of arbitration amxed to their award shall be competent to conatltute a valid and”binding award; · ~ . { .   (lx) Shall tl!-aeperiod from the·date of the appointment ot the arbitrator or arbitrators- necessary to complete- the board_ .(as provided for in` the agreement) within which the said board _ ‘ Shall bommence its heai·ings‘;' ·g -     . I _ ‘ ` . _(i) Shall fix a period from the beginning of the hearings .within Which the said board shall make" and 'Hle its award} Providedy That the parties may agree at any time upon- an extension of this period; - _ _ · ·‘ .' {. a (j) Shall provide for the{ date frorn which the award shall · . become etective and shall tix the period ‘dnring"'wb_ich· the award `shall continue an force; ’ . ’ ·· ¥ g i " ' (k) `Shall provide that the award of the board of arbitration and the evidence of, the proceedings before the board relating thereto, when Lcertiijed under tbehands of at lease a majority of the arbitrators,_`sl1aIl~·be tiled in the ·c1ei·k’s§o§ce of the district eourtof the United_States_for the district wherein the controversy aroseor the arbitration was entered into, which district shall be designated in the agreement ;_ and, when so Bled, snob award and proceedings shall constitute the full, and complete record.ot.tl1e arbitration; `_  ·. r ' ' r(l) Shall provide that the award, {when so Bled, shall be final . andconclusiire upon the parties as to tnejiacts determined by » l- said award and as_ to themerits ot the controversy decided; (m) Shall provide thatany. diierence arising as to the rnean·_ ing, or the application of the provisions, of an awa1‘d`made by a `°‘ board·of arbitration shall be referred back for a ruling to the _ same board; or, by agreement, to a subcommittee of ieuoh board; and that —sncl1 ruling, when acknowledged in the same manners; and tiled 'in the ·sa;ue_district court clerk’s oniee, as the original · award, shall be a part of and shall have thesame force and detect `as such origi—nnl_award; and __. V _ ‘ . (1:.) Shall provide that 'therespective parties to the award ·will each` faithfully execute the aame. . `_  _. The said agreement to arbitrate, when properly signed and acknowledged as herein ‘ provided, shall not be revoked _ by a ·party" to such agreement: Provided, however, That snob agree·‘ ment to arbitrate may at any time be revoked and canceled by the wrltfenagreement of both parties, signed by their duly _ accredited renresentatlves, and (if no board ot arbitration has yet been constituted under - the agreement) delivered to the Board of Mediation or anj··member·tl1ereoI ; or, if the board of arbitration has. been ‘ constituted as provided by this Act} _delivered· to such board ot arbitration. (May 20, 1926, c.- 347, ._s s, 44 sm:. *584.) r .  · Newaeetion. .See footnote to this éhupter, .` · _ _, ' "Act " hhonld be translated "_chapter." ‘ » `