Establishing an Emergency Board To Investigate Disputes Between the National Railroad Passenger Corporation and Certain of Its Employees Represented by Certain Labor Organizations
Signed November 28, 2007·George W. Bush·72 FR 67827
Source
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Plain-language summary
Establishes a five-member Emergency Board, effective December 1, 2007, to investigate unresolved labor disputes between Amtrak (the National Railroad Passenger Corporation) and certain employees represented by specified labor organizations, invoking the Railway Labor Act after the National Mediation Board found the disputes threatened to disrupt interstate commerce. Board members may not have financial or other interests in railroad carriers or employee organizations. The Board must report to the President within 30 days of its creation, and during that period plus 30 days after the report is submitted, neither Amtrak nor the unions may change the conditions underlying the disputes except by mutual agreement. The Board's records are treated as records of the Office of the President and will be kept by the National Mediation Board after the Board terminates, which occurs once its report is submitted.
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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 10 of the RLA (45 U.S.C. 160), it is hereby ordered
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The order, in full
Executive Order 13452 of November 28, 2007
Establishing an Emergency Board To Investigate
Disputes Between the National Railroad Passenger
Corporation and Certain of Its Employees Represented by
Certain Labor Organizations
Disputes exist between National Railroad Passenger
Corporation (Amtrak) and certain of its employees
represented by certain labor organizations. The labor
organizations involved in these disputes are designated
on the attached list, which is made a part of this
order.
The disputes have not heretofore been adjusted under
the provisions of the Railway Labor Act, as amended (45
U.S.C. 151 et seq.) (RLA).
In the judgment of the National Mediation Board, these
disputes threaten substantially to interrupt interstate
commerce to a degree that would deprive sections 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 RLA (45
U.S.C. 160), it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board).
There is established, effective 12:01 a.m. eastern
standard time on December 1, 2007, a Board of five
members to be appointed by the President to investigate
and report on these disputes. 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 the disputes within 30 days of its
creation.
Sec. 3. Maintaining Conditions. As provided by section
10 of the RLA, 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 section 2 of
this order.
(Presidential Sig.)
THE WHITE HOUSE,
November 28, 2007.Reproduced from the Federal Register plain-text record, signed November 28, 2007. Typesetting artifacts are removed; no wording is changed.