45 U.S.C. § 159 — Award and judgment thereon; effect of chapter on individual employee

submitted 100 years ago by ch. 347 to r/title-45-RAILROADS · 707 words · no verdicts yet

in plain englishAI-generated · not legal advice

A railway arbitration award becomes final ten days after it's filed in court. Someone can challenge it sooner, but only for specific legal reasons, like fraud. No court can force an employee to keep working against their will.

First. Filing of award: Once the arbitration board's award has been acknowledged as required, it must be filed with the clerk of the district court named in the arbitration agreement. Second. Conclusiveness of award; judgment: Once filed this way, the award is conclusive — binding — on the facts and merits of the dispute. If nobody files a petition to challenge ("impeach") the award within ten days of filing, the court must enter judgment on it, and that judgment becomes final and binding. Third. Impeachment of award; grounds: A petition to challenge the award can only succeed on one or more of these grounds: (a) the award doesn't follow this chapter's substantive rules, or the arbitration process didn't substantially follow this chapter; (b) the award doesn't match what the parties actually agreed to arbitrate; or (c) an arbitrator, or a party to the arbitration, committed fraud or corruption that affected the outcome. A court cannot accept a challenge just because the award seems unclear — the proper fix for that is sending it back to the same board (or a subcommittee) for clarification. And courts must read a challenged award generously, favoring its validity, and cannot throw it out over a small or clerical mistake that doesn't affect its substance. Fourth. Effect of partial invalidity of award: If a court decides that part of an award is invalid, but another part is valid, the court must set aside the whole award — unless both parties agree to let the court keep the valid part and strike only the invalid part (and only if the two parts can be separated). Fifth. Appeal; record: Ten days after the district court decides on a challenge petition, its judgment becomes final — unless a party appeals to the court of appeals within that time. On appeal, only the portion of the record needed to understand and rule on the legal questions goes to the appellate court. Sixth. Finality of decision of court of appeals: Whatever the court of appeals decides on those legal questions is final. Once the appeals court clerk certifies that decision to the district court, the district court enters judgment following it. Seventh. Judgment where petitioner's contentions are sustained: If the person who challenged the award wins, the court sets the award aside — entirely, or partly if the parties agree. In that case, the parties can instead agree on a judgment resolving the dispute directly, and that judgment carries the same force as a judgment based on an award. Eighth. Duty of employee to render service without consent; right to quit: Nothing in this chapter forces any individual employee to work without their consent, and quitting a job is never illegal under this chapter. No court can issue any order forcing an individual employee to work without their consent.

the actual law source: uscode.house.gov ↗public domain

First. Filing of award

The award of a board of arbitration, having been acknowledged as herein provided, shall be filed in the clerk’s office of the district court designated in the agreement to arbitrate.

Second. Conclusiveness of award; judgment

An award acknowledged and filed as herein provided shall be conclusive on the parties as to the merits and facts of the controversy submitted to arbitration, and unless, within ten days after the filing of the award, a petition to impeach the award, on the grounds hereinafter set forth, shall be filed in the clerk’s office of the court in which the award has been filed, the court shall enter judgment on the award, which judgment shall be final and conclusive on the parties.

Third. Impeachment of award; grounds

Such petition for the impeachment or contesting of any award so filed shall be entertained by the court only on one or more of the following grounds:

(a) That the award plainly does not conform to the substantive requirements laid down by this chapter for such awards, or that the proceedings were not substantially in conformity with this chapter;

(b) That the award does not conform, nor confine itself, to the stipulations of the agreement to arbitrate; or

(c) That a member of the board of arbitration rendering the award was guilty of fraud or corruption; or that a party to the arbitration practiced fraud or corruption which fraud or corruption affected the result of the arbitration: Provided, however, That no court shall entertain any such petition on the ground that an award is invalid for uncertainty; in such case the proper remedy shall be a submission of such award to a reconvened board, or subcommittee thereof, for interpretation, as provided by this chapter: Provided further, That an award contested as herein provided shall be construed liberally by the court, with a view to favoring its validity, and that no award shall be set aside for trivial irregularity or clerical error, going only to form and not to substance.

Fourth. Effect of partial invalidity of award

If the court shall determine that a part of the award is invalid on some ground or grounds designated in this section as a ground of invalidity, but shall determine that a part of the award is valid, the court shall set aside the entire award: Provided, however, That, if the parties shall agree thereto, and if such valid and invalid parts are separable, the court shall set aside the invalid part, and order judgment to stand as to the valid part.

Fifth. Appeal; record

At the expiration of 10 days from the decision of the district court upon the petition filed as aforesaid, final judgment shall be entered in accordance with said decision, unless during said 10 days either party shall appeal therefrom to the court of appeals. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said petition and to be decided.

Sixth. Finality of decision of court of appeals

The determination of said court of appeals upon said questions shall be final, and, being certified by the clerk thereof to said district court, judgment pursuant thereto shall thereupon be entered by said district court.

Seventh. Judgment where petitioner’s contentions are sustained

If the petitioner’s contentions are finally sustained, judgment shall be entered setting aside the award in whole or, if the parties so agree, in part; but in such case the parties may agree upon a judgment to be entered disposing of the subject matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon an award.

Eighth. Duty of employee to render service without consent; right to quit

Nothing in this chapter shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this chapter be construed to make the quitting of his labor or service by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent.

Source credit: (May 20, 1926, ch. 347, § 9, 44 Stat. 585; 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. 585
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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