
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC159]

 
                           TITLE 45--RAILROADS
 
                        CHAPTER 8--RAILWAY LABOR
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 159. Award and judgment thereon; effect of chapter on 
        individual employee
        

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 apart 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.

(May 20, 1926, ch. 347, Sec. 9, 44 Stat. 585; June 25, 1948, ch. 646, 
Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 
107.)

                          Codification

    As originally enacted, pars. Fifth and Sixth contained references to 
the ``circuit court of appeals''. Act June 25, 1948, as amended by act 
May 24, 1949, substituted ``court of appeals'' for ``circuit court of 
appeals''.


                    Federal Rules of Civil Procedure

    Application of rules, see rule 81, Title 28, Appendix, Judiciary and 
Judicial Procedure.
