
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC157]

 
                           TITLE 45--RAILROADS
 
                        CHAPTER 8--RAILWAY LABOR
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 157. Arbitration


First. Submission of controversy to arbitration

    Whenever a controversy shall arise between a carrier or carriers and 
its or their employees which is not settled either in conference between 
representatives of the parties or by the appropriate adjustment board or 
through mediation, in the manner provided in sections 151--156 of this 
title such controversy may, by agreement of the parties to such 
controversy, be submitted to the arbitration of a board of three (or, if 
the parties to the controversy so stipulate, of six) persons: Provided, 
however, That the failure or refusal of either party to submit a 
controversy to arbitration shall not be construed as a violation of any 
legal obligation imposed upon such party by the terms of this chapter or 
otherwise.

Second. Manner of selecting board of arbitration

    Such board of arbitration shall be chosen in the following manner:
    (a) In the case of a board of three the carrier or carriers and the 
representatives of the employees, parties respectively to the agreement 
to arbitrate, shall each name one arbitrator; the two arbitrators thus 
chosen shall select a third arbitrator. If the arbitrators chosen by the 
parties shall fail to name the third arbitrator within five days after 
their first meeting, such third arbitrator shall be named by the 
Mediation Board.
    (b) In the case of a board of six the carrier or carriers and the 
representatives of the employees, parties respectively to the agreement 
to arbitrate, shall each name two arbitrators; the four arbitrators thus 
chosen shall, by a majority vote, select the remaining two arbitrators. 
If the arbitrators chosen by the parties shall fail to name the two 
arbitrators within fifteen days after their first meeting, the said two 
arbitrators, or as many of them as have not been named, shall be named 
by the Mediation Board.

Third. Board of arbitration; organization; compensation; procedure

(a) Notice of selection or failure to select arbitrators

    When the arbitrators selected by the respective parties have agreed 
upon the remaining arbitrator or arbitrators, they shall notify the 
Mediation Board; and, in the event of their failure to agree upon any or 
upon all of the necessary arbitrators within the period fixed by this 
chapter, they shall, at the expiration of such period, notify the 
Mediation Board of the arbitrators selected, if any, or of their failure 
to make or to complete such selection.

(b) Organization of board; procedure

    The board of arbitration shall organize and select its own chairman 
and make all necessary rules for conducting its hearings: Provided, 
however, That the board of arbitration shall be bound to give the 
parties to the controversy a full and fair hearing, which shall include 
an opportunity to present evidence in support of their claims, and an 
opportunity to present their case in person, by counsel, or by other 
representative as they may respectively elect.

(c) Duty to reconvene; questions considered

    Upon notice from the Mediation Board that the parties, or either 
party, to an arbitration desire the reconvening of the board of 
arbitration (or a subcommittee of such board of arbitration appointed 
for such purpose pursuant to the agreement to arbitrate) to pass upon 
any controversy over the meaning or application of their award, the 
board, or its subcommittee, shall at once reconvene. No question other 
than, or in addition to, the questions relating to the meaning or 
application of the award, submitted by the party or parties in writing, 
shall be considered by the reconvened board of arbitration or its 
subcommittee.
    Such rulings shall be acknowledged by such board or subcommittee 
thereof in the same manner, and filed in the same district court clerk's 
office, as the original award and become a part thereof.

(d) Competency of arbitrators

    No arbitrator, except those chosen by the Mediation Board, shall be 
incompetent to act as an arbitrator because of his interest in the 
controversy to be arbitrated, or because of his connection with or 
partiality to either of the parties to the arbitration.

(e) Compensation and expenses

    Each member of any board of arbitration created under the provisions 
of this chapter named by either party to the arbitration shall be 
compensated by the party naming him. Each arbitrator selected by the 
arbitrators or named by the Mediation Board shall receive from the 
Mediation Board such compensation as the Mediation Board may fix, 
together with his necessary traveling expenses and expenses actually 
incurred for subsistence, while serving as an arbitrator.

(f) Award; disposition of original and copies

    The board of arbitration shall furnish a certified copy of its award 
to the respective parties to the controversy, and shall transmit the 
original, together with the papers and proceedings and a transcript of 
the evidence taken at the hearings, certified under the hands of at 
least a majority of the arbitrators, to the clerk of the district court 
of the United States for the district wherein the controversy arose or 
the arbitration is entered into, to be filed in said clerk's office as 
hereinafter provided. The said board shall also furnish a certified copy 
of its award, and the papers and proceedings, including testimony 
relating thereto, to the Mediation Board to be filed in its office; and 
in addition a certified copy of its award shall be filed in the office 
of the Interstate Commerce Commission: Provided, however, That such 
award shall not be construed to diminish or extinguish any of the powers 
or duties of the Interstate Commerce Commission, under subtitle IV of 
title 49.

(g) Compensation of assistants to board of arbitration; expenses; 
        quarters

    A board of arbitration may, subject to the approval of the Mediation 
Board, employ and fix the compensation of such assistants as it deems 
necessary in carrying on the arbitration proceedings. The compensation 
of such employees, together with their necessary traveling expenses and 
expenses actually incurred for subsistence, while so employed, and the 
necessary expenses of boards of arbitration, shall be paid by the 
Mediation Board.
    Whenever practicable, the board shall be supplied with suitable 
quarters in any Federal building located at its place of meeting or at 
any place where the board may conduct its proceedings or deliberations.

(h) Testimony before board; oaths; attendance of witnesses; production 
        of documents; subpoenas; fees

    All testimony before said board shall be given under oath or 
affirmation, and any member of the board shall have the power to 
administer oaths or affirmations. The board of arbitration, or any 
member thereof, shall have the power to require the attendance of 
witnesses and the production of such books, papers, contracts, 
agreements, and documents as may be deemed by the board of arbitration 
material to a just determination of the matters submitted to its 
arbitration, and may for that purpose request the clerk of the district 
court of the United States for the district wherein said arbitration is 
being conducted to issue the necessary subpoenas, and upon such request 
the said clerk or his duly authorized deputy shall be, and he is, 
authorized, and it shall be his duty, to issue such subpoenas.
    Any witness appearing before a board of arbitration shall receive 
the same fees and mileage as witnesses in courts of the United States, 
to be paid by the party securing the subpoena.

(May 20, 1926, ch. 347, Sec. 7, 44 Stat. 582; June 21, 1934, ch. 691, 
Sec. 7, 48 Stat. 1197; Pub. L. 91-452, title II, Sec. 238, Oct. 15, 
1970, 84 Stat. 930.)

                          Codification

    In par. Third (f), ``subtitle IV of title 49'' substituted for ``the 
Interstate Commerce Act, as amended [49 U.S.C. 1 et seq.]'' on authority 
of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first 
section of which enacted subtitle IV of Title 49, Transportation.


                               Amendments

    1970--Par. Third, (h). Pub. L. 91-452 struck out provisions 
authorizing board to invoke aid of the United States courts to compel 
witnesses to attend and testify and to produce such books, papers, 
contracts, agreements, and documents to same extent and under same 
conditions and penalties as provided for in the Interstate Commerce Act.
    1934--Act June 21, 1934, substituted ``Mediation Board'' for ``Board 
of Mediation'' wherever appearing.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 
15, 1970, and not to affect any immunity to which any individual is 
entitled under this section by reason of any testimony given before 
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, 
set out as an Effective Date; Savings Provision note under section 6001 
of Title 18, Crimes and Criminal Procedure.

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 of Title 49. References to Interstate Commerce 
Commission deemed to refer to Surface Transportation Board, a member or 
employee of the Board, or Secretary of Transportation, as appropriate, 
see section 205 of Pub. L. 104-88, set out as a note under section 701 
of Title 49.


                           Work Rules Dispute

    Pub. L. 88-108, Aug. 28, 1963, 77 Stat. 132, provided:
    ``[Sec. 1. Settlement of disputes]. That no carrier which served the 
notices of November 2, 1959, and no labor organizations which received 
such notices or served the labor organization notices of September 7, 
1960, shall make any change except by agreement, or pursuant to an 
arbitration award as hereinafter provided, in rates of pay, rules, or 
working conditions encompassed by any of such notices, or engage in any 
strike or lockout over any dispute arising from any of such notices. Any 
action heretofore taken which would be prohibited by the foregoing 
sentence shall be forthwith rescinded and the status existing 
immediately prior to such action restored.
    ``Sec. 2. [Arbitration board]. There is hereby established an 
arbitration board to consist of seven members. The representatives of 
the carrier and organization parties to the aforesaid dispute are hereby 
directed, respectively, within five days after the enactment hereof 
[Aug. 28, 1963] each to name two persons to serve as members of such 
arbitration board. The four members thus chosen shall select three 
additional members. The seven members shall then elect a chairman. If 
the members chosen by the parties shall fail to name one or more of the 
additional three members within ten days, such additional members shall 
be named by the President. If either party fails to name a member or 
members to the arbitration board within the five days provided, the 
President shall name such member or members in lieu of such party and 
shall also name the additional three members necessary to constitute a 
board of seven members, all within ten days after the date of enactment 
of this joint resolution [Aug. 28, 1963]. Notwithstanding any other 
provision of law, the National Mediation Board is authorized and 
directed: (1) to compensate the arbitrators not named by the parties at 
a rate not in excess of $100 for each day together with necessary travel 
and subsistence expenses, and (2) to provide such services and 
facilities as may be necessary and appropriate in carrying out the 
purposes of this joint resolution.
    ``Sec. 3. [Decision of board]. Promptly upon the completion of the 
naming of the arbitration board the Secretary of Labor shall furnish to 
the board and to the parties to the dispute copies of his statement to 
the parties of August 2, 1963, and the papers therewith submitted to the 
parties, together with memorandums and such other data as the board may 
request setting forth the matters with respect to which the parties were 
in tentative agreement and the extent of disagreement with respect to 
matters on which the parties were not in tentative agreement. The 
arbitration board shall make a decision, pursuant to the procedures 
hereinafter set forth, as to what disposition shall be made of those 
portions of the carriers' notices of November 2, 1959, identified as 
`Use of Firemen (Helpers) on Other Than Steam Power' and `Consist of 
Road and Yard Crews' and that portion of the organizations' notices of 
September 7, 1960, identified as `Minimum Safe Crew Consist' and 
implementing proposals pertaining thereto. The arbitration board shall 
incorporate in such decision any matters on which it finds the parties 
were in agreement, shall resolve the matters on which the parties were 
not in agreement, and shall, in making its award, give due consideration 
to those matters on which the parties were in tentative agreement. Such 
award shall be binding on both the carrier and organization parties to 
the dispute and shall constitute a complete and final disposition of the 
aforesaid issues covered by the decision of the board of arbitration.
    ``Sec. 4. [Award]. To the extent not inconsistent with this joint 
resolution the arbitration shall be conducted pursuant to sections 7 and 
8 of the Railway Labor Act [this section and section 158 of this title], 
the board's award shall be made and filed as provided in said sections 
and shall be subject to section 9 of said Act [section 159 of this 
title]. The United States District Court for the District of Columbia is 
hereby designated as the court in which the award is to be filed, and 
the arbitration board shall report to the National Mediation Board in 
the same manner as arbitration boards functioning pursuant to the 
Railway Labor Act [this chapter]. The award shall continue in force for 
such period as the arbitration board shall determine in its award, but 
not to exceed two years from the date the award takes effect, unless the 
parties agree otherwise.
    ``Sec. 5. [Hearings]. The arbitration board shall begin its hearings 
thirty days after the enactment of this joint resolution [Aug. 28, 1963] 
or on such earlier date as the parties to the dispute and the board may 
agree upon and shall make and file its award not later than ninety days 
after the enactment of this joint resolution [Aug. 28, 1963]: Provided, 
however, That said award shall not become effective until sixty days 
after the filing of the award.
    ``Sec. 6. [Collective bargaining for issues not arbitrated]. The 
parties to the disputes arising from the aforesaid notices shall 
immediately resume collective bargaining with respect to all issues 
raised in the notices of November 2, 1959, and September 7, 1960, not to 
be disposed of by arbitration under section 3 of this joint resolution 
and shall exert every reasonable effort to resolve such issues by 
agreement. The Secretary of Labor and the National Mediation Board are 
hereby directed to give all reasonable assistance to the parties and to 
engage in mediatory action directed toward promoting such agreement.
    ``Sec. 7. [Considerations affecting award; enforcement.]
    ``(a) In making any award under this joint resolution the 
arbitration board established under section 2 shall give due 
consideration to the effect of the proposed award upon adequate and safe 
transportation service to the public and upon the interests of the 
carrier and employees affected, giving due consideration to the 
narrowing of the areas of disagreement which has been accomplished in 
bargaining and mediation.
    ``(b) The obligations imposed by this joint resolution, upon suit by 
the Attorney General, shall be enforcible through such orders as may be 
necessary by any court of the United States having jurisdiction of any 
of the parties.
    ``Sec. 8. [Expiration date]. This joint resolution shall expire one 
hundred and eighty days after the date of its enactment [Aug. 28, 1963], 
except that it shall remain in effect with respect to the last sentence 
of section 4 for the period prescribed in that sentence.
    ``Sec. 9. [Separability]. If any provision of this joint resolution 
or the application thereof is held invalid, the remainder of this joint 
resolution and the application of such provision to other parties or in 
other circumstances not held invalid shall not be affected thereby.''


                    Federal Rules of Civil Procedure

    Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial 
Procedure.


                            Cross References

    Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes 
and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 154, 155, 797g of this 
title; title 18 section 6001.
