§_ 109 TITLE 45.»-—- six, or, it the parties to the controversy prefer so to stipulate, to a -bourd of three persons, which board shall be chosen in the following manner: In the Case of u board of three, the employer or employers and the employees, parties respectively to the agreement to arbitrate, shall each name one arbitrator; and the two arbitratorsthus chosen shall select the third arbitrator; but infhe event oi their failure to name the ·third.;arbit1‘ator within five days after their first meeting, such third arbitrator shall be named by €he·Board of Mediation andilonciliation. In the case ofTa board of· six, the employer or employers and the employees, parties respectively to the agreement to arbitrate, shall each name two arbitrators, and the four arbitrators thus chosen shall, by a majority vote, select the remaining two arbitrators; but in the cve11f_of their failure to name the two arbitrators within fifteen days after their first meeting the said, two arbitrators, or as_ manyof them as have not been named, shall he named by the Board of Mediation and Conciliation. . ` In the event that the employees engaged in any given controversy are not._membei·s'of :1 labor organization, Such employees may select a committee which shall have the right to name the arbitrator, or thearbitrators, who are to be named by·_the employees as provided above in this 'section. (July 15, 1913,_c. 6, §3,38Stat.104.) '° A l09.·'Requirements of agreement to arbitrate.--The agree-- ment to arbitrate-·-V · . t " First. Shall be in Writing; - a _ Second. Shall stipulate that the arbitration is had under the provisions of this chapter; _ Q · · _ ° Third. Shall state whether the board of arbitration is t0‘consist of three or sin members`; ' ° l . '. _ ' Fourth. Shall be signed by duly accredited representatives ot the employer or employers and of the employees; — ‘ Fifth. Shall state specifically the questions to be submitted to the said board for"deéision;‘ - ‘ · . · , _ Sixth. Shhll 'stipulate that a majority of said board shall be competent to make a valid and binding award. . ‘ .` o Seveuth.—"Shnll dx a period from the date of the appointment or the arbitrator or arbitrators necessary to complete, the board, as provided for in the agreement, within which the said heard shall commence its hearings; ‘ · · , ~ ‘ Eighth. Shall tix a period from the beginning of the hearings within which the said board shall make and me its award: Pe·ove’dcd,· That this period shall be thirty nays. unless a differeniaperiod be agreed to; ‘ · Y .. Kinth.- Shall provide for thedate from which the award shall becogne effective and shall Hx the period during which the said award shall continue in force; · 1 - » Tenth. Shall provide that the respectlvge parties to the award will each faithfully execute the same; · { _ . ` Eleventh. Shall provldethat the award and the papers and proceedings, including the testimony relating thereto, certified under the hands ot the arbitrators, and which shall have the force and etfqct at a bill ot exceptions, shall be iled lu the `clerk’a omce of the district court of the United ·eStaten for the district wherein the _ eentroversy arises or the arbitration la €31ll€I'€d'illtO, and shall he una} and conclusive upon the parties te the agreomentéunleas set aside for error of law apparenton { the record; · . ` Y Twelfth._Ma1y also provide that any dlfterenee arising as to the meaning or the application ot the provisions ee! an award made by a board of arbitration shall be referred back to the same board or to a subcommittee of such beard for a ruling, _ which ruling shall have the same force and eimtnn. the original award; and it any member ot the original board iii unable or unwilling tojaerve; another arbitrator shall be named in the name manner as auch original member was named. -(Ju1y 15, 1913, c.‘6, I 4, 38 Stat. 1%.) 110. Authority "o`f arl:»itra.tcrs.·--For_· the purposes of this chapter the arbitrators herein provided tor, or either of them,
-RrlILRO.1DS _ 14-18 shall have power to administer oaths and afilrmations, sign subpoenas; require the attendance and testimony ot witnesses, and the production of such books, papers, contracts, agree, _ ments, and documents material to a jnst determination of the matters under investigation as may be ordered by the court; and may lnvoke the aid ot the ,United States courts to compel witnesses to attend and testify and to' produce such books. papers, contracts, agreements, and documents to the same extent and under the same conditions and penalties as is provided for ln chapter l of Title 49, Tnrmsroaerarron. (July 15, 1913, c. 6,_§ 5, 38 Stat. 106.7 ` _. 111. Acknowledgement and tiling of agreement.—Every agreement of arbitration under this chapter shall be acknowledged by theparties thereto before a notary public or a clerk — of the district or the circuit court of appeals of the ,United States, or before a member of the Qoard of Mediation and Conciliation, the `members of which are hereby, authorized to ' take such acknowledgments; and when so acknowledged shall be delivered to a memberoof said board or transmitted to said board to be filed i·n"lts office. (July 15, 1913; c. 6, $6, 38 Stat. -106.) ‘ ,. · 112. Notification to arbltrnt0—rq.—Wben” such agreement of arbitration has been tiled with the-said board, or one ot its members, and when the said board; or a member thereof, has. been furnlshed._‘the_ names of the arbitrators chosen `by~ the respective parties to the controversy, the board; or u member thereoiyshall cause a notice in writing to be served "upon the _saic1 arbltrators,_ notifying them of their appolntnnent,. reqnt-ast- `ing them to meet promptly to name the remaining arbitrator or arbitrators nécessaryrto- complete the_.·board, and advising them of the period `withln which`, as provided in the agreement ot 'arbltratilon, they-are, `empoweredslo narneisncb arbitrator or arbitrators. (July 15, 1913, c. 6; § 6, 38· Stat. 166.) . _ ~ 113. Notice to Board- of Mediation and- Conciliation.-When the arbitrators ·. selected by the respmtlve l`l8l'tl€S_ have agreed _ upon the remaining arbitrator or arbitrators, they shall notify the —Boar};l of Mediation and Conciliation; and in the event ot. their failure to agree‘¤upon any or upon all of tne`n ry · arbitrators within the period nxed by this chapter they shall, ` at the expiration of such period, notify the.Board—of Mediation and.Conciliat—lon ot the arbitrators selected, lf any, or of their failnreto make or to complete `snch selection. (July 15, 1913, c, e, l 0, assme. 106.) . _, . rs M _ 114. Reeonvcntion of board of arbitration.-It the parties · to an arbitration desire the reeonvenlng ot a board to pass U upon any controversy arising over the meaning or application of an award, they shall jointly so notify the Board ot Media tion and Conciliation, and shall state in such written `notice ` ` the question or qneations to be submitted to such reeonvened board. The Board oidledlation and Conciliation shall therenpon promptly communicate with the members of the board at arbitration" or a subcommittee of such board appointed for . snch purpose pursuant .t0 the provisions of the agreement of l arbitration, and arrange for the reeonvenlng . of mid board or subconlmltteeg and shall notify the respective parties to the controversy ot the time and place se vrnlcn the board will meet for hearings upon. the matters in controversy. to be snbmltted toll:. . ,(July 15, 1913,Qé. 6. S- 6, 33 Stat. 106.) ‘ 115. Organization. procedure of board of arbitration.-- The board of arbitration shall organlze and select sits own chairman and make all necessary rules for conducting its hear- ’ ings; but in its award`or_ awardsbtne said board shall connne itself to nndlngs or _.recoxnnxendation.s as to the questions sneclncally submitted to lt or matters directly thereon. All testimony before said mrc} shall be given under with or\~~\ _a§rmation, and any member ot the board. ot arbitration sha; ` have the power to administer mths or amrgnations. It may employ sncn assistants as may be necessary in carrying on- its work. It shall, whenever·praeticable, be supplied with sultable
