Establishing an Emergency Board To Investigate a Dispute Between Southeastern Pennsylvania Transportation Authority and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen
Signed July 3, 2006·George W. Bush·71 FR 38511
Source
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Plain-language summary
Establishes a three-member emergency board, effective July 8, 2006, to investigate a labor dispute between the Southeastern Pennsylvania Transportation Authority and its locomotive engineers, represented by the Brotherhood of Locomotive Engineers and Trainmen, under the Railway Labor Act. Board members must have no financial or other interest in any railroad or railroad labor organization, and the board's operation depends on available funding. It must report its findings to the President within 30 days of being created. For 120 days after the board is formed, neither party may change the conditions that led to the dispute unless both agree. The board's records become part of the Office of the President's files and, once the board dissolves, will be kept by the National Mediation Board. The board ceases to exist 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 RLA, it is hereby ordered
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The order, in full
Executive Order 13409 of July 3, 2006
Establishing an Emergency Board To Investigate a
Dispute Between Southeastern Pennsylvania
Transportation Authority and Its Locomotive Engineers
Represented by the Brotherhood of Locomotive Engineers
and Trainmen
A dispute exists between Southeastern Pennsylvania
Transportation Authority (SEPTA) and its employees
represented by the Brotherhood of Locomotive Engineers
and Trainmen (BLET).
The dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended, 45
U.S.C. 151-188 (RLA).
A party empowered by the RLA has requested that the
President establish an emergency board pursuant to
section 9A of the RLA (45 U.S.C. 159a).
Section 9A(c) of the RLA provides that the President,
upon such request, shall appoint an 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 RLA, it is
hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board).
There is established, effective 12:01 a.m. eastern
daylight time on July 8, 2006, 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. The Board shall report to the President
with respect to this dispute within 30 days of its
creation.
Sec. 3. Maintaining Conditions. As provided by section
9A(c) of the RLA, from the date of the creation of the
Board and for 120 days thereafter, no change in the
conditions out of which the dispute 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 section 2 of
this order.
(Presidential Sig.)B
THE WHITE HOUSE,
July 3, 2006.Reproduced from the Federal Register plain-text record, signed July 3, 2006. Typesetting artifacts are removed; no wording is changed.