Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-12-13
The NATIONAL ARBITRATION LAW
IS EXPLAINED.
Charles W. Bum, General Counsel OF
the Northern Pacific Railway, Ex-
plains Provisions of the National
Arbitration Law from the Railroad
Standpoint.

In view of misapprehension as to
the scope and effect of the national
arbitration law commonly callew the
"Erdman Act" a brief statement of
the provisions of that act seems call
ed for
The act does not, as indeed it
could not, provide compulsory arbi-
tration; but it does purport. and was
intended to provide machinery for
fair settlement by arbitration of all
disputes between a railway company
and it's employees, where both con-
sent to arbitrate.
The law was passed by Congress,
June 1, 1898, and it's material pro-
visions are below stated.
Whenever a controversy arises
concerning wages, hours of labor or
conditions of employment, seriously
interrupting or threatening to in
terrupt the business of the carrier,
the chairman of the interstate COM
merce commission and the commits
sioner of labor are required upon re-
quest of either the carrier or the en-
ployes, to use their best efforts, by
mediation and conciliation, amicably
to settle the same.
The next section of the law says
that if their mediation fails the con-
troversy may be settled by arbitra-
ton (note that this requires con-
sent of both parties); that the car
rier shall select one arbitrator, the
labor organization one, and the two
thus chosen shall select third; if
the first two arbitrators fail to select
a third within five days, he is to be
chosen by the commissioners above
mentioned A majority of the board
thus chosen is empowered to settle
the dispute. The board is required
by the next section of the law to COM
mence its hearings within 10 days
and to make an award within 80
days. The act provides that pending
the arbitration the statue before eX-
isting shall not be changed, but pro-
vided that no employe shall be COM
PEELED to render personal service
without his consent. The award and
evidence taken is required to be
filed in the circuit court of the
United States.
The law says this award 'shall
be final and conclusive upon both
parties unless set aside for error of
law dDDdl CHI vi llO lCtolu w. L hS
law next says that the award shall
be faithfully carried out by the par
ties and that it may be enforced by
the court, in so far as the powers
of the court permit But here again
the law carefully provides that no
injunction or other process shall is
sue to compel an emplOye to work
against his will. SO that the award
whilst perfectly binding on the en-
ployer is only morally so on the EN-
ploye. The act next says that en-
ployes dissatisfied with the award
shall not "by reason of such dlssat-
isfaction" quit the service within
three months without 80 day notice.
The employer dissatisfied with the
award is forbidden to discharge en-
ployes within three months because
of such dissatisfaction without 30
DAYS notice. The law continues the
effect of the award during one year.
The act distinctly and in terms
(4th section) limits the right OF
either party to take the controversy
into court except for matter OF law
apparent on the record" Upon such
questions alone is any appeal to
court given. No appeal therefore lies
on questions of fact, on questions
of the reasonableness of wages or OF
any of the terms of service. The ques-
tions of law which give the right
to either party to appeal to the courts
are such as: that the arbitrators did
not hear the parties; or that they
did not take an oath as the statute
requires Clearly this very restricted
right to appeal to the courts is not
important or material.
CHARLES w. BUNN.