Boards of arbitration; order; review; change of venue or judge
Sec. 12. Either party to the dispute may within fifteen (15) days
from the date such order is filed with the clerk of the court petition
the circuit court of any county, in which the employer operates or has
an office or place of business, for a review of such order on the
ground (a) that the parties were not given reasonable opportunity to
be heard, or (b) that the board of arbitration exceeded its powers, or
(c) that the order is unreasonable in that it is not supported by the
evidence, or (d) that the order was procured by fraud, collusion, or
other unlawful means or methods. A summons to the other party to
the dispute shall be issued as provided by law in other civil cases;
and either party shall have the same rights to a change of venue from
the county, or to a change of judge, as provided by law in other civil
cases. The judge of the circuit court, without the intervention of a
jury, shall hear the evidence adduced by both parties with respect to
the issue raised by such petition and may reverse said order only if
he finds that (a) one (1) of the parties was not given reasonable
opportunity to be heard, or (b) that the board of arbitration exceeded
its powers, or (c) that the order is unreasonable in that it is not
supported by the evidence, or (d) that the order was procured by
fraud, collusion, or other unlawful means or methods. The decision
of the judge of the circuit court shall be final. If the court reverses
said order for one (1) of the reasons stated herein, the clerk of said
court shall certify the court's decision to the governor, who may
either attempt further conciliation or may appoint another board of
arbitration, as hereinabove provided for, in the event that the parties
do not prefer first to engage in further collective bargaining in an
attempt to settle such dispute.
(Formerly: Acts 1947, c.341, s.12.)
Last modified: May 27, 2006