§ 159. Award and judgment thereon; effect of chapter on individual employee

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1926

   Railway Labor Act

   Pub. L. 69–347 § 9 · 44 Stat. 577

   Enacted · 45 U.S.C. § 159

   May 20, 1926, ch. 347, § 9, 44 Stat. 585

   Source evidence

   Code source credit
   May 20, 1926, ch. 347, § 9, 44 Stat. 585

   Enacted provision · exact public law section
   Sec. 9. First. Award to be filed in designated district court. 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. Filed award conclusive, and judgment entered unless petition to impeach be filed in same court within 10 days. 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. Grounds for entertaining impeachment of petition. 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 Act for such awards, or that the proceedings were not substantially in conformity with this Act; (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 Act: 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. Award set aside if part is determined invalid. 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, Proviso. Separation of valid and invalid parts on agreement of parties. 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. Judgment final, subject to appeal to circuit court of appeals. At the expiration of ten 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 ten days either party shall appeal therefrom to the circuit court of Part of record transmitted. 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. Determination of circuit court of appeals. The determination of said circuit 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. Entry of judgment. 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. Rights of individuals to render labor, etc., not hindered. Nothing in this Act shall be construed to require an individual employee to render labor or service without bis consent, nor shall anything in this Act 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 or such labor or service, without his consent.

1 of 1 references resolved to an enrolled provision