After the railroad strike at Chicago in 1894, a commission consisting of the two members appointed by the President and the commissioner of labor was authorized to ex amine the causes of the controversies and differences between railroad companies and other common carriers engaged in interstate transportation and their employes, the con ditions accompanying them and the best means for adjusting them. As the result of the report of the commission on November 14, 1894, various bills were introduced in congress between January, 1895, and June 1, 1898, on which date an act was finally pass ed providing for investigation of the causes of such differences by the chairman of the in terstate commerce commission and the com missioner of labor, and for the appointment of a board of arbitration. Section 10 of this act was declared unconstitutional in Adair v. U. S., 208 U. S. 161, 28 Sup. Ct. 277, 52 L. Ed. 436, 13 Ann. Cas. 764; but was severable from the rest of the act.
This act was repealed by Act July 15, 1913, which applied to common carriers by railroad or partly by railroad and partly by water, between the states or in foreign com merce, including bridges and ferries operated in connection with railroads, but exclud ing masters of vessels and seamen. It ex tends to employes, including all persons en gaged in train service (but not street railroad service). In case of a controversy as to wa ges, hours of labor or conditions of employ ment, either party may apply to the board of mediation and conciliation created by the act, to bring about an amicable adjustment.
Failing such adjustment, the board shall en deavor to induce the parties to arbitrate. The controversy is then submitted to a board of six, or, if the parties agree, to a board of three, chosen as follows: In case of a board of three, the employer and employes shall each select one arbitrator and those two shall select a third ; if they fail to do so in five days, the third arbitrator is named by the board of mediation. In the case of a board of six, the employer and employes each name two, and those four name two more, or if they fail to name arbitrators, they are appointed by the board.
The award, with the testimony and papers, shall be filed in the United States district court office and shall be final and conclusive unless set aside for error of law apparent on the record. It shall go into effect ten days after filing, unless exceptions are filed for matter of law apparent on the record. An appeal lies within ten days to the circuit court of appeals.
Nothing in the act shall require any em ploye to render personal service without his consent ; no injunction shall issue to com pel him to perform any personal labor or service against his will. Receivers in feder al courts, in control of the business of em ployers, may be heard before the arbitrators. Receivers may not reduce wages without the authority of the court, after twenty days' notice to the employes.
See BOYCOTT; COMBINATION; CONSPIRACY; INJUNCTION; LABOR UNION; MALICE; RE STRAINT OF TRADE.