Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Employees Represented by the Brotherhood of Locomotive Engineers
Signed November 15, 1996·William J. Clinton·61 FR 58971
Source
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Plain-language summary
Establishes a three-member emergency board under the Railway Labor Act to investigate a labor dispute between the Southeastern Pennsylvania Transportation Authority and employees represented by the Brotherhood of Locomotive Engineers, effective November 16, 1996. Board members must have no financial or organizational ties to railroads or railway labor organizations. Requires the parties to submit final settlement offers to the board within 30 days of its creation, and requires the board to report to the President within 30 days after that, selecting the most reasonable offer. Bars either party from changing the conditions underlying the dispute, except by mutual agreement, from the time the board was requested until 60 days after it reports. Directs that the board's records be treated as records of the Office of the President and, once the board dissolves, be kept by the National Mediation Board. The board terminates automatically 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, including section 9A of the Act, 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 13027 of November 15, 1996
Establishing an Emergency Board To Investigate a
Dispute Between the Southeastern Pennsylvania
Transportation Authority and Its Employees Represented
by the Brotherhood of Locomotive Engineers
A dispute exists between Southeastern Pennsylvania
Transportation Authority and certain of its employees
represented by the Brotherhood of Locomotive Engineers.
The dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended (45
U.S.C. 151 et seq.) (the “Act”).
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 as
President, by the Constitution and the laws of the
United States, including section 9A of the Act, it is
hereby ordered as follows:
Section 1. Establishment of the Board. There is
established effective 12:01 a.m., eastern standard
time, on November 16, 1996, a board of three members to
be appointed by the President to investigate this
dispute. 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 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, no change, except by agreement, shall be made
by the parties in the conditions out of which the
dispute 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,
November 15, 1996.Reproduced from the Federal Register plain-text record, signed November 15, 1996. Typesetting artifacts are removed; no wording is changed.