45 U.S.C. § 158 : US Code - Section 158: Agreement to arbitrate; form and contents; signatures and acknowledgment; revocation

Search 45 U.S.C. § 158 : US Code - Section 158: Agreement to arbitrate; form and contents; signatures and acknowledgment; revocation

The agreement to arbitrate -
(a) Shall be in writing;
(b) Shall stipulate that the arbitration is had under the
provisions of this chapter;
(c) Shall state whether the board of arbitration is to consist of
three or of six members;
(d) Shall be signed by the duly accredited representatives of the
carrier or carriers and the employees, parties respectively to the
agreement to arbitrate, and shall be acknowledged by said parties
before a notary public, the clerk of a district court or court of
appeals of the United States, or before a member of the Mediation
Board, and, when so acknowledged, shall be filed in the office of
the Mediation Board;
(e) Shall state specifically the questions to be submitted to the
said board for decision; and that, in its award or awards, the said
board shall confine itself strictly to decisions as to the
questions so specifically submitted to it;
(f) Shall provide that the questions, or any one or more of them,
submitted by the parties to the board of arbitration may be
withdrawn from arbitration on notice to that effect signed by the
duly accredited representatives of all the parties and served on
the board of arbitration;
(g) Shall stipulate that the signatures of a majority of said
board of arbitration affixed to their award shall be competent to
constitute a valid and binding award;
(h) Shall fix a period from the date of the appointment of the
arbitrator or arbitrators necessary to complete the board (as
provided for in the agreement) within which the said board shall
commence its hearings;
(i) Shall fix a period from the beginning of the hearings within
which the said board shall make and file its award: Provided, That
the parties may agree at any time upon an extension of this period;
(j) Shall provide for the date from which the award shall become
effective and shall fix the period during which the award shall
continue in force;
(k) Shall provide that the award of the board of arbitration and
the evidence of the proceedings before the board relating thereto,
when certified under the hands of at least a majority of the
arbitrators, shall be filed in the clerk's office of the district
court of the United States for the district wherein the controversy
arose or the arbitration was entered into, which district shall be
designated in the agreement; and, when so filed, such award and
proceedings shall constitute the full and complete record of the
arbitration;
(l) Shall provide that the award, when so filed, shall be final
and conclusive upon the parties as to the facts determined by said
award and as to the merits of the controversy decided;
(m) Shall provide that any difference arising as to the meaning,
or the application of the provisions, of an award made by a board
of arbitration shall be referred back for a ruling to the same
board, or, by agreement, to a subcommittee of such board; and that
such ruling, when acknowledged in the same manner, and filed in the
same district court clerk's office, as the original award, shall be
a part of and shall have the same force and effect as such original
award; and
(n) Shall provide that the respective parties to the award will
each faithfully execute the same.
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 such agreement to arbitrate
may at any time be revoked and canceled by the written agreement of
both parties, signed by their duly accredited representatives, and
(if no board of arbitration has yet been constituted under the
agreement) delivered to the Mediation Board or any member thereof;
or, if the board of arbitration has been constituted as provided by
this chapter, delivered to such board of arbitration.
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