Establishing an Emergency Board To Investigate Disputes Between Metro North Commuter Railroad and Its Employees Represented by Certain Labor Organizations
Signed July 31, 1995·William J. Clinton·60 FR 39623
Source
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Plain-language summary
Establishes a three-member emergency board under the Railway Labor Act to investigate unresolved labor disputes between Metro North Commuter Railroad and employees represented by a list of named labor organizations, including groups such as the Brotherhood of Locomotive Engineers, the International Brotherhood of Teamsters, and the United Transportation Union. Board members may not have financial or other ties to any railroad carrier or employee organization. Within 30 days of the board's creation, the parties must submit final settlement offers, and the board must report to the President within 30 days after that, recommending the most reasonable offer. Until 60 days after the report is submitted, neither party may change the conditions underlying the disputes except by agreement. The board's records become part of the Office of the President's files and will later be kept by the National Mediation Board. The board dissolves once it submits its report.
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Claimed authority
by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 9A of the Act, it is hereby ordered
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The order, in full
Executive Order 12967 of July 31, 1995
Establishing an Emergency Board To Investigate
Disputes Between Metro North Commuter Railroad and Its
Employees Represented by Certain Labor Organizations
Disputes exist between Metro North Commuter Railroad
and certain employees represented by certain labor
organizations. The labor organizations involved in
these disputes are designated on the attached list,
which is made a part of this order.
The disputes have not heretofore been adjusted under
the provisions of the Railway Labor Act, as amended (45
U.S.C. 151 et seq.) (the “Act”).
Parties empowered by the Act have 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 disputes.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, including section 9A of the
Act, it is hereby ordered as follows:
Section 1. Establishment of the Board. There is
established effective July 31, 1995, a board of three
members to be appointed by the President to investigate
these disputes. No member shall be pecuniarily or
otherwise interested 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 disputes shall submit to the
board final offers for settlement of the disputes.
Within 30 days after submission of final offers for
settlement of the disputes, 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, no change, except by agreement, shall be made
by the parties in the conditions out of which the
disputes arose.
Sec. 4. Records Maintenance. The records and files of
the board are records of the Office of the President
and upon the board's termination shall be maintained in
the physical custody of the National Mediation Board.
Sec. 5. Expiration. The board shall terminate upon
submission of the report provided for in section 2 of
this order.
(Presidential Sig.)
THE WHITE HOUSE,
July 31, 1995.
LABOR ORGANIZATIONS
Brotherhood of Locomotive Engineers including the
American Train Dispatchers Department
Brotherhood of Railroad Signalmen
International Association of Machinists & Aerospace
Workers
International Brotherhood of Boilermakers, Iron
Shipbuilders,
Blacksmiths, Forgers and Helpers
International Brotherhood of Electrical Workers
International Brotherhood of Firemen and Oilers
International Brotherhood of Teamsters
Sheet Metal Workers International Union
Transport Workers Union of America
Transportation Communications International Union-ARSA
Division
United Transportation UnionReproduced from the Federal Register plain-text record, signed July 31, 1995. Typesetting artifacts are removed; no wording is changed.