Establishing an Emergency Board to Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations
Signed October 6, 2011·Barack Obama·76 FR 63533
Source
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Plain-language summary
Creates a five-member Emergency Board, appointed by the President, to investigate unresolved labor disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and their employees represented by certain labor organizations, listed in an attachment to the order. Acting under the Railway Labor Act after the National Mediation Board reported that the disputes threaten to substantially interrupt interstate commerce, the order sets the Board up effective October 7, 2011, bars members with financial ties to the railroads or unions, and requires the Board to report to the President within 30 days. It also freezes existing conditions underlying the disputes until 30 days after the report is submitted, unless the parties agree otherwise, directs the Board's records to be kept by the National Mediation Board after the Board ends, and states the Board terminates 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 10 of the RLA (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 13586 of October 6, 2011
Establishing an Emergency Board to Investigate
Disputes Between Certain Railroads Represented by the
National Carriers' Conference Committee of the National
Railway Labor Conference and Their Employees
Represented by Certain Labor Organizations
Disputes exist between certain railroads represented by
the National Carriers' Conference Committee of the
National Railway Labor Conference and their employees
represented by certain labor organizations. The
railroads and labor organizations involved in these
disputes are designated on the attached list, which is
made 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. 151-188 (RLA).
I have been notified by the National Mediation Board
that in its judgment 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 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
daylight time on October 7, 2011, a Board composed of a
chair and four other members, all five of whom shall 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,
October 6, 2011.Reproduced from the Federal Register plain-text record, signed October 6, 2011. Typesetting artifacts are removed; no wording is changed.