Page:United States Statutes at Large Volume 44 Part 1.djvu/2121

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


\ 2107 TITLE 45;- any other place wnouevq it deems it necessary. The board .1nay designnte one or more ot its mernbers to exercise to,£unc· · tions- oi the board in mediation proceedings. -Ea¢h.`membe1• of the board shell hnye power to administer oaths and athrme.- tions. The board shall have e seal which _·shel1_be.`judic1a1ly noticed. The h&rd shall mnkejan enmim report to Congress. · :Thifd.."A13l}6i$tm6?W'0f_ experts and other employees; eateries of &>mp1ogecs,· ca·pcnditu:·ec.—-§Tl1e board may (1) appoint such ·e·xperts· and nsieistnnts to not in a ‘COIl·iid€l1ti"&I capacity and, subject to the provisions of the » ciiril service iaws, such other- .»mcors`end employees; and_g2) dn accordance with the cngssmcatien Act of.1923 ‘ iix the wary of such eipcrts, zassisftants, i»Hi<·€1‘8._and employees, and (3) make such expenditures (in; c1udi1ig··‘expe1gdituree_ for rent and personal servicee at the wg; of g0YPI'1$`!I1€D_f8lld_€l$€\`\'1l€1‘€, for law books, periodi-_P mls, and- books Of reference, and for prff1ting_ und binding, end including °·expen‘ditures..` for . salaried and compen- . 'sation, `neeessery 'tmveliug expenses and expenses actually incmxrred {org subsistence, and other necessary L expenéee of boardé of arbitration, in accordance with the provisions oi sec-, tion ?)° ae maybe neccssnry for the cxccutionof the tuuotioue vested-tin the board, or in the boards of arbitrntioxn ·and as may beyprovided for by the Congress jrom time to "time. All ` expenditures of-_ the 'bberd shall be allowed hud. paid on the ·_ presentation of itemized vouchers ytherefor approved by fthe ` chairman. (Mey 20,1926; c..‘3-17, § 4, `44_ Stat'579.) T _ yhiew eeegon. Scelfootuote to this chapter., " · Q 155; Function; of Board .of‘ Mcdintion.—&First. D i? p u thee within. jur¥$diction_ `of Board of Mediation.—4The parties, or either party, to" n dispute between an 'employee or "group ofennployeesnnd n·carrier’mny invoke the services of the Board, of Meditntion created; by this Act} or the Board oi Meditation may pro£ci· its gervices, innny of the following cnsesz; ·` . (a) A dispute arising out·ot grievances or outof the interpretation or npplicntion io! agreements concerngg rates of pdy, mules, or working conditions. not adjusted by the parties in Eonfcrence and not decided by the ‘ appropriate fadjustinent board: ° » ‘ ‘ . . · (b) A dispute which is not scttlcdin conference between the parties, in respect to changes in rates of pay; rules, or working conditions; _· ‘ Y ‘ V ‘ .‘·· e __ ,(c) Any other-dispute not decided in conference between the parties. ._ .- ·.‘ to either event the- mid board ehall promptly put itself in communication with the to {such controversy, end shell nee ite but ettorte, by mediation, to bring them to agreement. If such etlorts to bring about an- annimble adjustment through U mediation ehnll be unsuccessful, ‘ the nid board ehnll·nt· once endeavor ae its dual required dction*·.(‘except as provided in paragraph third of thu section-end in section 10 of the Act),‘ to induce the purtiufto 'snbniit their cont1*oversy‘ to prbitration in accordnnee with the provisions of this Act.' · Y Second. I nterprete-tion of agreement.-—·In any mee in which

1 controversy eriees over the meaning or the amlicetion ot any

e ¤§¤‘een1ent reached through I mediation under the provleione ot this, Act} either ‘ party `to the naidj egreement, or both, .may epply`to the Board of Mediation (or nn irgterpretation as to the z . meaning or npplicetton of such agreement. The "euid board shell upon receipt of snch request notify the perties to the controversy, and after n hearing of both skim give its interpretation Within thirty days. ’ ‘ ' ‘ ~ Third. Duties of board with respect to arbitrdytion of. d£s·‘ ‘IN4fo8} arbitrators; "acknowledgment of eyreementprwtice to ·‘ °" Act" would be tmnennted •• e1upm·.•• . _. ‘·'I’hc Oummeotten Acne: @923 in not out in is 661 tb M4, inclusive. of Title 5 ot the Code. · _ . · . °"8ect&on T" enema be wandered twectwn 157.** . - _ ' ° ‘fSectio¤ 10 ot the Act"' shook! be tnnauted "eect;on 100 ot this t1t1o."

TRAILROADS \i_`\ _ _ §]55d · `\\ _. . 'urbitrja-tg•1s,·‘ y·eco»n,·vcning of ahrtrgtors; tre-rgafer of fccorgls of otheij boards.--The.Board of Mediatioxi shall have the following duties with respect *_ the arbitratiorgof disputes under section 7'of this Act: _ i~»r\' " " _` ·* (a) Ou failurewof arbitrators named by the parties to agree on the remaining arbitrator', or arbitrators withine the " time set by section 7" of this'Act, lt shall bc the duty of tl¤t~¤__ Board of Mediation to name such remaining arbitrator or 'arhi- "·» ¤'.&t0rS. It shall be the duty of the board in naming isuch arbitrator or arbitrators ’ tgL·appoint.‘onl·y these whom the board 6 `shall deem wholly disinterested in the controversy to be arm- _ ‘ tratcd apdeimpartial andwifhont bias as betu‘ecn_,tbe parties (0 ·such arbitrationt Should, hovgever; the board name an arbitra· _ tor or arbitrators not. so disinterested · and impartial, `then, upon proper investigation 'and presentation of the facts, the _ board shall proinptly remove- such arbitrator; . . ’ — If an arbitrator named`.byg_the Board of Mediation, in accord- · anee with the provisions of this Act} shall be renroved by such board aswprovlglcd bythie Act} or it sueh an arbitrator retuses or is unable to serve, it shaH*bc thejduty ,_ of the Board of I Mediation, promptly, to eelect another arbitrator, in the same 'rnanner a_s_ provided an this_Act ° for an original afrpointnnent by the Boardof Mediation. I _ < " _ _ · · ` _°(b) Any member of the Board of Mediation ie authorized to take the acknowledgment of an agreement of arbitration under. this Act} When so` acknowledged, or· when acknoxrledged by the partiea before .a notary public or"the clerk. of a district _. ` court or a circuit cour_t- of appeals of the United States, such ` agreement to arbitrate shall be delivered to_ a jnembcr of said board, or transmitted to said} board; to be tiled in its officel" “ " (c-) When an agreement to arbitrate has been Bled with the _Board' 0t_ Mediation, or with one of its members; as provided by this·section,_ and when thesaid board, or a member 'thereof, * `has»becn `furnished thejnamcs of thearbitrators chosen by re fpartics to the contro°versy,· it shall be the duty of the lard of Mediation to cause ·a notice in writingto be served u _ said ‘arbitrat0rsQ notifying them of itheir appointment,/reqnestinng " . them to meet; promptly to name the remaining arbitrator Nor arbitrators·necessary to completethe board ot arbitration, and ‘ adrislng them of the period within which, as provided by the agreement to arbitratej they are empowered to name such arbitrator or ~arbltratora.` _ ¤ _ `_ r V “ ' . (d) Either party to an arbitration desiring the rcconvenitng 0f-a beard of arbitration to pass upon any controycxsy arisingj _ over the meaning or application of an award may so notify, the Board of Medlationin writing, stating txiesuen notice the question or questions to be Submitted to such rccouvened board. The, Board of. Mediation shall thereupon, promptly communicate with the members ot the board of arbitration, or a- snhconnnittee of such board appointed for such purpose pursuant to- a provision in the agreement to arbitrate; and arrange for the reconvening of said board or sitbcormnitteq and shall notify the respective parties to the controversy ot the time and place at which the. board, or thé·Subc0mnrittéc,. Will `mcct for hearings "upon the matters in controversy to bc submitted to it. No evldence other than that contained in the record flied with the original award shall be received or considered by such reconvened board or subcomnxltteex except such evidence as may jbe necessary to illustrate the interpretations suggested by. am-; `parties. If any Imember of the original board is unable or unwilling to repre on such reconrened board or .suh¢j¢émznittt~e `thereof, another arbitrator Shall ’l}€_l1·3l!Q(‘(l liu the gmane xnannor. and .rél·t,h the `same powfers and duties as suvh oriaiual awhitrators- . _ r` . _ ‘ . — """*` """"""""`“"" " " `- •“Act" should bb translated •‘cnspt.er.f’ · . ‘ ` ""Seétie¤ T0! this Act"’ ahculd bé truusIantt·d+"sc¢·ti¢»:n 137 of this chapter.1": ‘ - ’ n ‘ ` Y A `