CONGRESS. (CARRIERS AND THEIR EMPLOYEES.) 



207 



between a carrier subject to this act and the em- 

 ployees of such carrier which can not be settled by 

 mediation and conciliation in the manner provided 

 in the preceding section, said controversy may be 

 submitted to the arbitration of a board of three 

 persons, who shall be chosen in the manner follow- 

 ing : One shall be named by the carrier or employer 

 directly interested ; the other shall be named by the 

 labor o'rganization to which the employees directly 

 interested belong, or, if they belong to more than 

 one, by that one of them which specially represents 

 employees of the same grade and class and engaged 

 in services of the same nature as said employees so 

 directly interested : Provided, however, That when 

 a controversy involves and affects the interests of 

 two or more classes and grades of employees be- 

 longing to different labor organizations, such arbi- 

 trator shall be agreed upon and designated by the 

 concurrent action of all such labor organizations ; 

 and in all cases where the majority of such em- 

 ployees are not members of any labor organization 

 said employees may by a majority vote select a 

 committee of their own number, which committee 

 shall have the right to select the arbitrator on behalf 

 of their employees. 



" The two thus chosen shall select the third com- 

 missioner of arbitration ; but, in the event of their 

 failure to name such arbitrator within five days 

 after their first meeting, the third arbitrator shall 

 be named by the commissioners named in the pre- 

 ceding section. A majority of said arbitrators 

 shall be competent to make a valid and binding 

 award under the provisions hereof. The submission 

 shall be in writing, shall be signed by the employer 

 and by the labor organization representing the em- 

 ployees, shall specify the time and place of meeting 

 of said board of arbitration, shall state the ques- 

 tions to be decided, arid shall contain appropriate 

 provisions by which the respective parties shall 

 stipulate, as follows : 



" First. That the board of arbitration shall com- 

 mence their hearings within ten days from the date 

 of the appointment of the third arbitrator, and 

 shall find and file their award, as provided in this 

 section, within thirty days from the date of the ap- 

 pointment of the third arbitrator ; and that pend- 

 ing the arbitration the status existing immediately 

 prior to the dispute shall not be changed : Pro- 

 vided, That no employee shall be compelled to 

 render personal service without his consent. 



"Second. That the award and the papers and 

 proceedings, including the testimony relating there- 

 to, certify under the hands of the arbitrators, and 

 which shall have the force and effect of a bill of 

 exceptions, shall be first in the clerk's office of the 

 circuit court of the United States for the district 

 wherein the controversy arises or the arbitration is 

 entered into, and shall be final and conclusive upon 

 both parties, unless set aside for error of law appar- 

 ent on the record. 



" Third. That the respective parties to the award 

 will each faithfully execute the same, and that the 

 same may be specifically enforced in equity so far 

 as the powers of a court of equity permit : Pro- 

 vided, That no injunction or other legal process 

 shall be issued which shall compel the performance 

 by any laborer against his will of a contract for 

 personal labor or service. 



" Fourth. That employees dissatisfied with the 

 award shall not by reason of such dissatisfaction 

 quit the service of the employer before the expira- 

 tion of three months from and after the making of 

 such award without giving thirty days' notice in 

 writing of their intention so to quit. Nor shall the 

 employer dissatisfied with such award dismiss any 

 employee or employees on account of such dissatis'- 

 f action before the expiration of three months from 



and after the making of such award without giving 

 thirty days' notice in writing of his intention so to 

 discharge. 



" Fifth. That said award shall continue in force 

 as between the parties thereto for the period of one 

 year after the same shall go into practical opera- 

 tion, and no new arbitration upon the same subject 

 between the same employer and the same class of 

 employees shall be had until the expiration of said 

 one year if the award is not set aside as provided in 

 section 4. That as to individual employees not be- 

 longing to the labor organization or organizations 

 which shall enter into the arbitration, the said arbi- 

 tration and the award made therein shall not be 

 binding unless the said individual employees shall 

 give assent in writing to become parties to said 

 arbitration. 



" SEC. 4. That the award being filed in the clerk's 

 office of a circuit court of the United States, as 

 hereinbefore provided, shall go into practical oper- 

 ation, and judgment shall be entered thereon ac- 

 cordingly at the expiration of ten days from such 

 filing, unless within such ten days either party 

 shall file exceptions thereto for matter of law ap- 

 parent upon the record, in which case said award 

 shall go into practical operation and judgment be 

 entered accordingly when such exceptions shall 

 have been finally disposed of either by said circuit 

 court or on appeal therefrom. 



" At the expiration of ten days from the decision 

 of the circuit court upon exceptions taken to said 

 award, as aforesaid, judgment shall be entered in 

 accordance with said decision unless during said 

 ten days either party shall appeal therefrom to the 

 circuit 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 under- 

 standing and considerations of the questions of law 

 presented by said exceptions and to be decided. 



" The determination of said circuit court of ap- 

 peals upon said questions shall be final, and being 

 certified by the clerk thereof to said circuit court, 

 judgment pursuant thereto shall thereupon be en- 

 tered by said circuit court. 



" If exceptions to an award are finally sustained, 

 judgment shall be entered setting aside the award. 

 But in such case the parties may agree upon a judg- 

 ment 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. 



" SEC. 5. That for the purposes of thfs act the 

 arbitrators herein provided for, or either of them, 

 shall have power to administer oaths and affirma- 

 tions, sign subpoenas, require the attendance and 

 testimony of witnesses, and the production of such 

 books, papers, contracts, agreements, and documents 

 material to a just determination of the matters 

 under investigation as may be ordered by the court ; 

 and may invoke the aid of 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 in 

 the act to regulate commerce approved Feb. 4, 1887, 

 and the amendments thereto. 



" SEC. 6. That every agreement of arbitration un- 

 der this act shall be acknowledged by the parties 

 before a notary public or clerk of a district or cir- 

 cuit court of the United States, and when so ac- 

 knowledged a copy of the same shall be transmitted 

 to the Chairman of the Interstate Commerce Com- 

 mission, who shall file the same in the office of said 

 commission. 



"Any agreement of arbitration which shall be 

 entered into conforming to this act, except that it 

 shall be executed by employees individually instead 



