614.030 - Written submission of controversy to board of arbitration: Contents and stipulations.
614.030 Written submission of controversy to board of arbitration: Contents and stipulations. The submission shall:
1. Be in writing.
2. Be signed by the employer and by the labor organization or organizations representing the employees.
3. Specify the time and place of meeting of such board of arbitration.
4. State the questions to be decided.
5. Contain appropriate provisions by which the respective parties shall stipulate as follows:
(a) That the board of arbitration shall commence its hearings within 10 days from the date of the appointment of the third arbitrator, and shall find and file its award within 30 days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed; but that no employee shall be compelled to render personal service without his or her consent.
(b) That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators, shall be filed in the clerk’s office of the district court for the county wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.
(c) That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit; but that no injunction or other legal process shall be issued which shall compel the performance by any laborer against his or her will of a contract for personal labor or service.
(d) That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of 3 months from and after the making of such award without giving 30 days’ notice in writing of their intention so to quit; nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of 3 months from and after the making of such award without giving 30 days’ notice in writing of his or her intention so to discharge.
(e) That the award shall continue in force as between the parties thereto for the period of 1 year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of such 1 year if the award is not set aside as provided.
[Part 2:181:1907; RL § 1930; NCL § 2764]