Establishing an Emergency Board To Investigate a Dispute Between The Long Island Rail Road and Certain of Its Employees Represented by the United Transportation Union
Signed February 15, 1994·William J. Clinton·59 FR 8113
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Plain-language summary
Establishes, under section 9A of the Railway Labor Act, a second emergency board of three presidentially appointed members to investigate a labor dispute between The Long Island Rail Road and employees represented by the United Transportation Union, after a first board's recommendations were not accepted. Board members may have no financial interest in any railroad or railroad labor organization. The order requires the parties to submit final settlement offers within 30 days of the board's creation, and the board to report to the President within 30 days after that, identifying the most reasonable offer. It also bars the parties from changing the conditions that caused the dispute, except by mutual agreement, from the time the board was requested until 60 days after its report is issued. The board terminates once it submits its report.
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Claimed authority
by the authority vested in me by section 9A of the Act, it is hereby ordered
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The order, in full
Executive Order 12899 of February 15, 1994
Establishing an Emergency Board To Investigate a
Dispute Between The Long Island Rail Road and Certain
of Its Employees Represented by the United
Transportation Union
A dispute exists between The Long Island Rail Road and
certain of its employees represented by the United
Transportation Union.
The dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended (the
“Act”).
A first emergency board to investigate the dispute was
established by Executive Order No. 12874 on October 20,
1993. The emergency board terminated upon issuance of
its report and, subsequently, its recommendations were
not accepted.
A party empowered by the Act has requested that the
President establish a second emergency board pursuant
to section 9A of the Act (45 U.S.C. 159a).
Section 9A(e) of the Act provides that the President,
upon such request, shall appoint a second emergency
board to investigate and report on the dispute.
NOW, THEREFORE, by the authority vested in me by
section 9A of the Act, it is hereby ordered as follows:
Section 1. Establishment of the Board. There is
established, effective February 15, 1994, a board of
three members to be appointed by the President to
investigate this dispute. No member shall be interested
pecuniarily or otherwise in any organization of
railroad employees or any carrier. The board shall
perform its functions subject to the availability of
funds.
Sec. 2. Report. Within 30 days after creation of the
board, the parties to the dispute shall submit to the
board final offers for settlement of the dispute.
Within 30 days after submission of final offers for
settlement of the dispute, the board shall submit a
report to the President setting forth its selection of
the most reasonable offer.
Sec. 3. Maintaining Conditions. As provided by section
9A(h) of the Act, from the time a request to establish
a board is made until 60 days after the board makes its
report, the parties shall make no changes in the
conditions out of which the dispute arose, except by
agreement.
Sec. 4. Expiration. The board shall terminate upon
submission of the report provided for in section 2 of
this order.
(Presidential Sig.)>
THE WHITE HOUSE,
February 15, 1994.Reproduced from the Federal Register plain-text record, signed February 15, 1994. Typesetting artifacts are removed; no wording is changed.