Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Conductors Represented by the United Transportation Union
Signed August 9, 2004·George W. Bush·69 FR 50047
Source
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Plain-language summary
Establishes a second emergency board, effective August 10, 2004, to investigate a labor dispute between the Southeastern Pennsylvania Transportation Authority and its conductors represented by the United Transportation Union, under the Railway Labor Act. This follows an earlier board created by Executive Order 13334, whose recommendations were not accepted by the parties. The three-member board, none of whom may have financial ties to railroad labor organizations or carriers, must receive final settlement offers from both parties within 30 days of its creation, and must then report to the President within another 30 days recommending the most reasonable offer. From the time the board was requested until 60 days after it reports, neither party may change the conditions that led to the dispute, except by mutual agreement. The board's records become records of the Office of the President and will later be held by the National Mediation Board. The board terminates once it submits its report.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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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.
Disposition
See: EO 13334, April 12, 2004; EO 13810, September 20, 2017
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The order, in full
Executive Order 13351 of August 9, 2004
Establishing an Emergency Board To Investigate a
Dispute Between the Southeastern Pennsylvania
Transportation Authority and Its Conductors Represented
by the United Transportation Union
A dispute exists between the Southeastern Pennsylvania
Transportation Authority and its conductors represented
by the United Transportation Union.
The dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended, 45
U.S.C. 151-188 (the “Act”).
A first emergency board to investigate and report on
the dispute was established on April 12, 2004, by
Executive Order 13334 of April 10, 2004. The emergency
board terminated upon issuance of its report.
Subsequently, its recommendations were not accepted by
the parties.
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 Emergency Board
(“Board”). There is established, effective August 10,
2004, a Board of three members to be appointed by the
President to investigate and report on 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 the 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 the 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 second emergency board is made until 60 days after
the Board submits its report to the President, the
parties to the controversy shall make no change in the
conditions out of which the dispute arose 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 section 2 of
this order.
(Presidential Sig.)B
THE WHITE HOUSE,
August 9, 2004.Reproduced from the Federal Register plain-text record, signed August 9, 2004. Typesetting artifacts are removed; no wording is changed.