Page:United States Statutes at Large Volume 48 Part 1.djvu/1222

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73d C ONGRESS . SESS. II. CH. 691. JUNE 21, 1934 . Cont rove rsies ari sing " Second . In any case in which a controversy arises over the over interpretation of

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y agreement, etc meaning or the application of any agreement reached through mediation under the provisions of this Act, either party to the said agreement, or both, may apply to the Mediation Board for an inter- pretation of the meaning or application of such agreement . The said Board shall upon receipt of such request notify the parties to the controversy, and after a hearing of both sides give its interpreta- tion within thirty days . sp D eu ti ng tie af Baad re- " Third . The Mediation Board shall have the following duties disputes

with respect to the arbitration of disputes under section 7 of this Act To appoint remain- " (a) On failure of the arbitrators named by the parties to agree ing arbitrator if par- ties fail to decide .

on the remaining arbitrator or arbitrators within the time set by section 7 of this Act, it shall be the duty of the Mediation Board qualifications. t o name such remainin g arbitrator o r arbitrators . It shall be the duty of the Board in naming such arbitrator or arbitrators to appoint o nly those whom the Board sh all deem whol ly disinterest ed in the controversy to be arbitrated and impartial and without bias Removal . as between the parties to such arbitration . Should, however, the Board name an arbitrator or arbitrators not so disinterested and impartial, then, upon proper investigation and presentation of the facts . the Board shall promptly remove such arbitrator . Selecting a successor . " If an arbitrator named bb the Mediation Board, in accordance with the provisions of this Act, shall be removed by such Board as provided by this Act, or if such an arbitrator refuses or is unable to serve, it shall be the duty of the Mediation Board, promptly, to select another arbitrator, in the same manner as provided in this Act for an original appointment by the Mediation Board . Any member may "(b) Any member of the Mediation Board is authorized to take take acknow ledgment of agreement to arbi- the acknowledgment of an agreement to arbitrate under this Act . trate . When so acknowledged, or when acknowledged by the parties before a notary public or the clerk of a district court or a circuit court of appeals of the United States, such agreement to arbitrate shall be delivered to a member o f said Board or transmitte d to said Boar d, to be filed in its office . Procedure. "(c) When an agreement to arbitrate has been filed with the Mediation Board, or with one of its members, as provided by this section, and when the said Board has been furnished the names of the arbitrators chosen by the parties to the controversy it shall be the duty of the Board to cause a notice in writing to be served upon said arbitra tors, notifyi ng them of th eir appointmen t, requesting them to meet promptly to name the remaining arbitrator or arbitra- tors necessa ry to complet e the Board o f Arbitration, and advising them of the period within which, as provided by the agreement to arbitrate, they are empowered to name such arbitrator or arbitrators . controversy over "(d) Either party to an arbitration desiring the reconvening of a meaning or application of award . board of arbitration to pass upon any controversy arising over the meaning or application of an award may so notify the Mediation Board in writing, stating in such notice the question or questions to be submitted to such reconvened Board . The Mediation Board shall thereupon promptly communicate with the members of the Board of Arbitration, or a subcommittee of such Board appointed for such purpose pursuant to a provision in the agreement to arbitrate, and arrange for the reconvening of said Board of Arbitration or sub- committee, and shall notify the respective parties to the controversy Hearings ; restriction . of the time and place at which the Board, or the subcommittee, will meet for hearings upon the )natters in controversy to be submitted Evidence to be con- to it . No evidence other than that contained in the record filed with sidered .

the original a ward shall be received or c onsidered by such recon-