Establishing an Emergency Board To Investigate Disputes Between Amtrak and its Employees Represented by the Brotherhood of Maintenance of Way Employes
Signed August 21, 1997·William J. Clinton·62 FR 45139
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 labor disputes between Amtrak and its employees represented by the Brotherhood of Maintenance of Way Employes. Board members must have no financial or other interest in any railroad carrier or railroad employee organization. The Board must report to the President within 30 days of its creation. Under section 10 of the Act, neither Amtrak nor the union may change the conditions underlying the disputes from the Board's creation until 30 days after it submits its report, unless both parties agree. The Board's records are treated as records of the Office of the President and will be kept by the National Mediation Board once the Board ends. The Board terminates automatically once it submits its report.
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 13060 of August 21, 1997
Establishing an Emergency Board To Investigate
Disputes Between Amtrak and its Employees Represented
by the Brotherhood of Maintenance of Way Employes
Disputes exist between Amtrak and its employees
represented by the Brotherhood of Maintenance of Way
Employes.
These 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 judgement 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 August 21,
1997, 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 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 these disputes 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 submitted its
report to the President, no change in the conditions
out of which the disputes arose shall be made by the
parties to the controversy, except by agreement of the
parties.
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,
August 21, 1997.Reproduced from the Federal Register plain-text record, signed August 21, 1997. Typesetting artifacts are removed; no wording is changed.