Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations
Signed November 21, 2013·Barack Obama·78 FR 70843
Source
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Plain-language summary
Establishes a three-member Emergency Board, effective November 22, 2013, to investigate unresolved labor disputes between the Long Island Rail Road Company and certain employees represented by specified labor organizations, under the Railway Labor Act. Board members may not have financial or other interests in any railroad carrier or railroad labor organization. The Board must report its findings to the President within 30 days of being created. For 120 days from the Board's creation, neither the company nor the unions may change the conditions that led to 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 dissolves. The Board terminates automatically once it submits its report to the President.
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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
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 13663, March 20, 2014
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The order, in full
Executive Order 13654 of November 21, 2013
Establishing an Emergency Board To Investigate
Disputes Between the Long Island Rail Road Company and
Certain of Its Employees Represented by Certain Labor
Organizations
Disputes exist between the Long Island Rail Road
Company (LIRR) 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 part of this order.
The disputes heretofore have not 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 disputes.
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
standard time on November 22, 2013, a Board of three
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
9A(c) of the RLA, for 120 days from the date of the
creation of the Board, 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 21, 2013.Reproduced from the Federal Register plain-text record, signed November 21, 2013. Typesetting artifacts are removed; no wording is changed.