45 U.S.C. § 157 : US Code - Section 157: Arbitration

Search 45 U.S.C. § 157 : US Code - Section 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 between representatives of the parties or by the
appropriate adjustment board or through mediation, in the manner
provided in sections 151 - 156 of this title such controversy may,
by agreement of the parties to such controversy, be submitted 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 controversy to
arbitration shall not be construed as a violation of any legal
obligation imposed upon such party by the terms of this chapter or
otherwise.
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 employees, 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 parties shall fail to name the third
arbitrator within 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 employees, parties respectively to the
agreement to arbitrate, 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 after
their first meeting, the said two arbitrators, or as many of them
as have not been named, shall be named by the Mediation Board.
Third. Board of arbitration; organization; compensation; procedure
(a) Notice of selection or failure to select arbitrators
When the arbitrators selected by the respective parties have
agreed upon the remaining arbitrator or arbitrators, they shall
notify the Mediation 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 chapter, they shall, at the expiration of such
period, notify the Mediation Board of the arbitrators selected, 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 select its own
chairman and make all necessary rules for conducting its hearings:
Provided, however, That the board of arbitration shall be bound to
give the parties to the controversy a full and fair hearing, which
shall include an opportunity 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 desire 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 controversy 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 considered by the
reconvened board of arbitration or its subcommittee.
Such rulings shall be acknowledged by such board or subcommittee
thereof in the same manner, 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 Mediation Board, shall
be incompetent to act as an arbitrator because of his interest in
the controversy to be arbitrated, or because of his connection with
or partiality to either of the parties to the arbitration.
(e) Compensation and expenses
Each member of any board of arbitration created under the
provisions of this chapter named by either party to the arbitration
shall be compensated by the party naming him. Each arbitrator
selected by the arbitrators or named by the Mediation Board shall
receive from the Mediation Board such compensation as the Mediation
Board may fix, together with his necessary traveling expenses and
expenses actually incurred for subsistence, while serving as an
arbitrator.
(f) Award; disposition of original and copies
The board of arbitration shall furnish a certified copy of its
award to the respective parties to the controversy, and shall
transmit the original, 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 district wherein
the controversy arose or the arbitration 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 testimony relating thereto, to
the Mediation Board to be filed in its office; and in addition a
certified copy of its award shall be filed in the office 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 arbitration; expenses;
quarters
A board of arbitration may, subject to the approval of the
Mediation Board, employ and fix the compensation of such assistants
as it deems necessary in carrying on the arbitration proceedings.
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 Mediation Board.
Whenever practicable, the board shall be supplied with suitable
quarters in any Federal building located at its place of meeting or
at any place where the board may conduct its proceedings or
deliberations.
(h) Testimony before board; oaths; attendance of witnesses;
production of documents; subpoenas; 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 production of such books, papers, contracts,
agreements, and documents as may be deemed by the board of
arbitration material to a just determination of the matters
submitted to its arbitration, 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
authorized deputy shall be, and he is, authorized, and it shall be
his duty, to issue such subpoenas.
Any witness appearing before a board of arbitration shall receive
the same fees and mileage as witnesses in courts of the United
States, to be paid by the party securing the subpoena.