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45 U.S.C. § 158Agreement to arbitrate; form and contents; signatures and acknowledgment; revocation

submitted 100 years ago by ch. 347 to r/title-45-RAILROADS · 648 words · no verdicts yet

in plain englishAI-generated · not legal advice

Railway labor disputes can go to arbitration under a written agreement. The law lists everything that agreement must include. Once both sides sign it, they can't cancel it alone — only together.

The agreement to arbitrate a railway labor dispute must meet all of these requirements: (a) It must be in writing. (b) It must say the arbitration happens under this chapter's rules. (c) It must state whether the arbitration board will have three or six members. (d) It must be signed by authorized representatives of both the carrier(s) and the employees. It must be acknowledged before a notary public, a federal court clerk, or a member of the Mediation Board — and then filed with the Mediation Board. (e) It must specifically list the questions the board will decide, and require the board to stick to only those questions in its decision. (f) It must allow the parties to withdraw any of those questions from arbitration, as long as authorized representatives of all parties sign and serve notice of the withdrawal on the board. (g) It must say that if a majority of the board signs the award, that's enough to make it valid and binding. (h) It must set a deadline — counted from when the last arbitrator is appointed — by which the board must start its hearings. (i) It must set a deadline — counted from when hearings begin — by which the board must finish and file its award. The parties can agree later to extend this deadline. (j) It must state when the award takes effect and how long it stays in force. (k) It must require that the award and the record of the board's proceedings, once certified by a majority of the arbitrators, be filed with the clerk of the U.S. district court for the district named in the agreement. Once filed, this becomes the full official record of the arbitration. (l) It must say that, once filed, the award is final and binding on both parties as to the facts and the outcome of the dispute. (m) It must say that if the parties later disagree about what the award means or how it applies, they must send that question back to the same board (or a subcommittee of it) for a ruling. That ruling, once acknowledged and filed the same way as the original award, becomes part of the award and carries the same force. (n) It must say that each party will fully carry out the award. Once an agreement to arbitrate is properly signed and acknowledged this way, neither party can cancel it alone. The only way to revoke it is if both parties agree in writing, signed by their authorized representatives. If no arbitration board has been set up yet, that written cancellation must go to the Mediation Board or one of its members. If a board has already been set up, the cancellation goes to that board instead.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (May 20, 1926, ch. 347, § 8, 44 Stat. 584; June 21, 1934, ch. 691, § 7, 48 Stat. 1197; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.)

history & why it existsrecord from the source credit
  • 1926Enacted · Act of May 20, 1926, ch. 347 · 44 Stat. 584
  • 1934Amended · Act of June 21, 1934, ch. 691 · 48 Stat. 1197
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107

A history note hasn’t been published yet. The record shows enactment by ch. 347 on 1926-05-20.

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