86
STAT.]
PUBLIC LAW 92-235-FEB. 21, 1972
SEC\ '1. (a) There is established an arbitration board (hereinafter botrd'Ts^tXiish referred to as the "board") which shall be constituted in the follow- m°en't.' ^ ^ i ng manner: (1) AVithin three days after the enactment of this joint resolution, both parties to the dispute, by agreement, may designate one individual to perform the functions and exercise the powers of the board. (2) In the event that the parties do not agree upon an individual ' " under paragraph (1) of this section, each party shall within three days immediately following the expiration of the three-day period under paragraph (1), designate an individual to serve on the board. The two members of the board so designated shall select, within three days after their appointment, a third individual to be a member and act as chairman of the board. In the event that the two members of the board designated by the parties cannot agree on the selection of the third member as chairman under this paragraph, within three days after their appointment, the third member who shall be the chairman shall be selected by the chief judge of the United States district court for the Northern District of California. (3) In the event that either pa;rty does not designate a member under paragraph (2) of this subsection, then the chief judge of the Tnited States district court for the Northern District of California n •.» shall designate one individual to exercise the powers of the board. (b) The board shall make all necessary rules for conducting its hearings and giving to the parties and all other persons it determines may be directly affected by the board's determination notice and a full and fair hearing, which shall include an opportunity to present their case in person, by counsel, or by other representative as they may select. (c) For the purpose of hearings conducted by the board, it shall have authority conferred by the provisions of sections 9 and 10 .(relating to the attendance and examination of witnesses and the production of books, papers, and documents) of the Federal Trade Commission Act (15 U.S.C. 49, 50). 38 Stat. 722. (d) The board shall begin its hearings no more than fifteen days after enactment. The board shall make its determination no later than Forty days after enactment. (e) In its determination the board shall resolve all the issues in the dispute. (f) The board's determination shall be retroactive to the date of enactment of this resolution. The board may make such further pro\isions for retroactivity to a date prior to the enactment of this resolution, if any, as it finds appropriate and consistent with the terms of this resolution. (g) The board shall make its determination consistent with the policv of the Economic Stabilization Act of 1971, and such determina- ^^ Stat. 743 12 tion shall be nnal and binding in every respect, subject only to review- note. u s e 1904 as provided in section 2(i). (h) In the event of disagreement as to the meaning of any part or all of a determination by the board, or as to the terms of all the detailed agTeements or arrangements necessary to give effect thereto, any party may witliin the effective period of the determination apply to the board for clarification of its determination, whereupon the board shall reconvene and shall promptly issue a further determination, with respect to the matters raised by any application for clarification. Such further determination may, in the discretion of the board, be inade with or without a further hearing, and shall be final and binding ill every respect, subject only to review as provided in section 2(i).
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