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 March 20, 2014·Barack Obama·79 FR 16647
Source
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Plain-language summary
Establishes a second three-member emergency board, effective March 22, 2014, 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 railroad carriers or employee organizations. Requires the disputing parties to submit final settlement offers to the Board within 30 days of its creation, and requires the Board to report to the President within 30 days after that, selecting the most reasonable offer. Bars the parties from changing the conditions underlying the disputes, except by mutual agreement, from the time the board was requested until 60 days after the Board's report. The Board's records become records of the Office of the President and will be kept by the National Mediation Board after the Board terminates upon submitting 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
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 13654, November 21, 2013
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The order, in full
Executive Order 13663 of March 20, 2014
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 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 first emergency board to investigate and report on
the disputes was established on November 22, 2013, by
Executive Order 13654 of November 21, 2013. The
emergency board terminated upon issuance of its report.
Subsequently, its recommendations were not accepted by
the parties.
A party empowered by the RLA has requested that the
President establish a second emergency board pursuant
to section 9A of the RLA (45 U.S.C. 159a).
Section 9A(e) of the RLA provides that the President,
upon such request, shall appoint a second 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
daylight time on March 22, 2014, 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. Within 30 days after the creation of
the Board, the parties to the disputes shall submit to
the Board final offers for settlement of the disputes.
Within 30 days after the submission of final offers for
settlement of the disputes, 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 RLA, 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, 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,
March 20, 2014.Reproduced from the Federal Register plain-text record, signed March 20, 2014. Typesetting artifacts are removed; no wording is changed.