Establishing an Emergency Board To Investigate a Dispute Between Metro-North Railroad and Its Maintenance of Way Employees Represented by the International Brotherhood of Teamsters
Signed April 4, 2007·George W. Bush·72 FR 18101
Source
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Plain-language summary
Establishes a three-member emergency board, effective April 6, 2007, under the Railway Labor Act to investigate a labor dispute between Metro-North Railroad and its maintenance-of-way employees represented by the International Brotherhood of Teamsters, following an earlier board's unaccepted recommendations. Bars board members from having financial or other interests in railroad carriers or labor organizations. Requires the parties to submit final settlement offers within 30 days of the board's creation, and requires the board to report to the President within 30 days after that, selecting the most reasonable offer. Prohibits the parties from changing the conditions underlying the dispute until 60 days after the board's report, except by mutual agreement. Directs that the board's records be treated as records of the Office of the President and, once the board dissolves, be kept in the custody of 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.
Disposition
See: EO 13417, December 6, 2006
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13429 of April 4, 2007
Establishing an Emergency Board To Investigate a
Dispute Between Metro-North Railroad and Its
Maintenance of Way Employees Represented by the
International Brotherhood of Teamsters
A dispute exists between Metro-North Railroad and its
maintenance of way employees represented by the
International Brotherhood of Teamsters.
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
this dispute and disputes of other employees
represented by other labor organizations was
established on December 7, 2006, by Executive Order
13417 of December 6, 2006. 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 April 6, 2007, 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.)
THE WHITE HOUSE,
April 4, 2007.Reproduced from the Federal Register plain-text record, signed April 4, 2007. Typesetting artifacts are removed; no wording is changed.