Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by the Brotherhood of Maintenance of Way Employes Disputes exist between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference, including Consolidated Rail Corporation (including the Clearfield Cluster), Burlington Northern Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Co., Atchison, Topeka and Santa Fe Railway Co., Union Pacific Railroad, Chicago & North Western Railway Co., Kansas City Southern Railway Co., and their employees represented by the Brotherhood of Maintenance of Way Employes. The railroads involved in these disputes are designated on the attached list, which is made a part of this order.
Signed May 15, 1996·William J. Clinton·61 FR 25131
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Establishes a three-member Emergency Board under the Railway Labor Act to investigate unresolved labor disputes between a group of railroads, including Consolidated Rail Corporation, Burlington Northern, CSX Transportation, Norfolk Southern, Atchison Topeka and Santa Fe, Union Pacific, Chicago & North Western, and Kansas City Southern, and their employees represented by the Brotherhood of Maintenance of Way Employes. Board members may not have financial or other interests in either the railroads or railway labor organizations. The Board must report to the President within 30 days of its creation, and for 30 days after that report, neither the railroads nor the employees may change the conditions that gave rise to the disputes except by mutual agreement. The Board's records are treated as records of the Office of the President and will be kept by the National Mediation Board after the Board terminates, which occurs once its report is submitted. A full list of affected railroads is attached to the order.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
Claimed authority
by the authority vested in me as President by the Constitution and the laws of the United States, including section 10 of the Act (45 U.S.C. 160), it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13003 of May 15, 1996
Establishing an Emergency Board To Investigate
Disputes Between Certain Railroads Represented by the
National Carriers' Conference Committee of the National
Railway Labor Conference and Their Employees
Represented by the Brotherhood of Maintenance of Way
Employes
Disputes exist between certain railroads represented by
the National Carriers' Conference Committee of the
National Railway Labor Conference, including
Consolidated Rail Corporation (including the Clearfield
Cluster), Burlington Northern Railroad Co., CSX
Transportation Inc., Norfolk Southern Railway Co.,
Atchison, Topeka and Santa Fe Railway Co., Union
Pacific Railroad, Chicago & North Western Railway Co.,
Kansas City Southern Railway Co., and their employees
represented by the Brotherhood of Maintenance of Way
Employes. The railroads 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”).
In the judgment of the National Mediation Board, these
disputes threaten substantially to interrupt interstate
commerce to a degree that would deprive a section of
the country of essential transportation service.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States, including section 10 of the Act (45
U.S.C. 160), it is hereby ordered as follows:
Section 1. Establishment of Emergency Board
(“Board”). There is established effective May 15,
1996, a Board of three members to be appointed by the
President to investigate any and all of the disputes
raised in mediation. No member shall be pecuniarily or
otherwise interested in any organization of railroad
employees or any railroad carrier. The Board shall
perform its functions subject to the availability of
funds.
Sec. 2. Report. The Board shall report to the President
with respect to the dispute within 30 days of its
creation.
Sec. 3. Maintaining Conditions. As provided by section
10 of the Act, from the date of the creation of the
Board and for 30 days after the Board has made its
report to the President, no change, except by agreement
of the parties shall be made by the railroads or the
employees 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 the
submission of the report provided for in sections 2 and
3 of this order.
(Presidential Sig.)
THE WHITE HOUSE,
May 15, 1996.
RAILROADS
Alton & Southern Railroad
Atchison, Topeka and Santa Fe Railway Company
Bangor and Aroostook Railroad Company
Belt Railway Company of Chicago
Burlington Northern Railroad Company
Camas Prairie Railroad Company
Chicago and North Western Railway Company
Consolidated Rail Corporation (including the Clearfield
Cluster)
CSX Transportation, Inc.
The Baltimore and Ohio Chicago Terminal Company
The Baltimore and Ohio Railroad Company (former)
The Chesapeake and Ohio Railway Company (former)
(Northern and Southern Regions)
Chicago and Eastern Illinois Railroad Company
(former)
Clinchfield Railroad (former)
Louisville and Nashville Railroad Company (former)
Monon Railroad (former)
Richmond, Fredericksburg & Potomac Railway Company
Seaboard Coast Line Railroad Company (former)
Toledo Terminal Railroad Company (former)
Western Maryland Railway Company (former)
Western Railway of Alabama
Galveston, Houston and Henderson Railroad
Houston Belt and Terminal Railway
The Kansas City Southern Railway Company
CP-Kansas City Southern Joint Agency
Lake Superior & Ishpeming Railroad Company
Longview, Portland & Northern Railway Company
Los Angeles Junction Railway
Manufacturers Railway Company
Meridian & Bigbee Railroad Company
Missouri-Kansas-Texas Railroad
Oklahoma, Kansas & Texas Railroad
Missouri Pacific Railroad
New Orleans Public Belt Railroad
Norfolk and Portsmouth Belt Line Railroad Company
Norfolk Southern Railway Company
The Alabama Great Southern Railroad Company
Atlantic & East Carolina Railway Company
Central of Georgia Railroad Company
The Cincinnati, New Orleans and Texas Pacific
Railway Company
Georgia Southern and Florida Railway Company
Interstate Railroad Company
Norfolk & Western Railway Company
Tennessee, Alabama and Georgia Railway Company
Tennessee Railway Company
Northeast Illinois Regional Commuter Railroad
Corporation
Northern Indiana Commuter Transportation District
Peoria and Pekin Union Railway Company
The Pittsburgh, Chartiers & Youghiogheny Railway
Company
Port Terminal Railroad Association
Portland Terminal Railroad Company
Spokane International Railroad
Terminal Railroad Association of St. Louis
Union Pacific Railroad
Utah Railway Company
Western Pacific Railroad
Wichita Terminal AssociationReproduced from the Federal Register plain-text record, signed May 15, 1996. Typesetting artifacts are removed; no wording is changed.