Page:United States Statutes at Large Volume 48 Part 1.djvu/1218

1192 Interpretat ion to be made, on request. Majority vote co m- petent to making award . Execution of award . Suit in district courts allowed, where carrier fails to c omply with Board's order . Procedure . Paying court costs . A ttorn ey's fee al- lowed petitioner if he prevails. Power s of enf orce- ment . Commencement of eetton- at law . Headquarters of di- visions of Board . Quarters in Federal bu ildi ng, w hen prac - ticable . Emp loyees, etc . Compensation . Meeting, organiza- tion, etc., of Adjust- ment Board . Each division to se- lect cbairman, etc . 73d CONGRESS . SESS . II. CH. 691. JUNE 21, 1934 . arises involving an interpretation of the award the division of the Board upon request of either party shall interpret the award in the light of the dispute . "(n) A majority vote of all members of the division of the Adjust- ment Board shall be competent to make an award with respect to any dispute submitted to it . " (o) In case of an award by any division of the Adjustment Board in favor of petitioner, the division of the Board shall make an ord er, dire cted to the carr ier, to make the awa rd e ffec tive and , if the aw ard in cludes a re quirem ent fo r the payme nt of money, to pay to the employee the sum to which he is entitled under the award on or before a day named . " (p) If a carrier does not comply with an order of a division of the Adjustment Board within the time limit in such order, the petitioner, or any person for whose benefit such order was made, may file in the District Court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the carrier operates, a petition setting forth briefly the causes for which he claims relief, and the order of the division of the Adjustment Board in the premises . Such suit in the District Court of the United States shall proceed in all respects as other civil suits, except that on the trial of such suit the findings and order of the division of the Adjustment Board shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings, unless they accrue upon his appeal, and such costs shall be paid out of the appropriation for the expenses of the courts of the United States . If the petiti oner s hall fi nally p revail he sha ll be a llowed a reas onable attorney's fee, to be taxed and collected as a part of the costs of the suit . The district courts are empowered, under the rules of the court govern ing actions a t law, to mak e such order a nd enter such judgment, by writ of mand amus or other wise, as may b e appropriate to enforce or set aside the order of the division of the Adjustment Board . " (q) All actions at law based upon the provisions of this section shall be begun within two years from the time the cause of action accrues under the award of the division of the Adjustment Board, and not after . " (r) The several divisions of the Adjustment Board shall main- tain headquarters in Chicago, Illinois, meet regularly, and continue in session so long as there is pending before the division any matter within its jurisdiction which has been submitted for its consideration and which has not been disposed of . "(s) Whenever practicable, the several divisions or subdivisions of the Adjustment Board shall be supplied with suitable quarters in any Federal building located at its place of meeting . " (t) The Adjustment Board may, subject to the approval of the Mediation Board, employ and fix the compensations of such assist- ants as it deems necessary in carrying on its proceedings . The com- pen sation of suc h employees s hall be paid b y the Mediati on Board . " (u) The Adjustment Board shall meet within forty days after the approval of this Act and adopt such rules as it deems necessary to control proceedings before the respective divisions and not in conflic t with the pro vision s of th is sect ion . Immediately following the meeting of the entire Board and the adoption of such rules, the respective divisions shall meet and organize by the selection of a chairman, a vice chairman, and a secretary . There after each div i- sion shall annually designate one of its members to act as chairman