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U.S. Code as of:
01/19/04
Section 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 a part 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.
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