Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen
Signed October 10, 2014·Barack Obama·79 FR 62323
Source
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Plain-language summary
Establishes a second emergency board, effective October 13, 2014, to investigate a labor dispute between the Southeastern Pennsylvania Transportation Authority (SEPTA) and its locomotive engineers, represented by the Brotherhood of Locomotive Engineers and Trainmen, under the Railway Labor Act. The three-member board, whose members must have no financial interest in any railroad or railway labor organization, is to be appointed by the President. Within 30 days of the board's creation, both parties must submit final settlement offers, and within 30 days after that, the board must report to the President selecting the most reasonable offer. Neither party may change the conditions underlying the dispute from the time the board was requested until 60 days after its report, except by mutual agreement. The board's records become part of the Office of the President's files and will later be held by the National Mediation Board. 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 9A of the RLA, it is hereby ordered
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Disposition
EO 13679, October 10, 2014
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The order, in full
Executive Order 13679 of October 10, 2014
Establishing an Emergency Board To Investigate a
Dispute Between the Southeastern Pennsylvania
Transportation Authority and Its Locomotive Engineers
Represented by the Brotherhood of Locomotive Engineers
and Trainmen
A dispute exists between the Southeastern Pennsylvania
Transportation Authority (SEPTA) and its Locomotive
Engineers represented by the Brotherhood of Locomotive
Engineers and Trainmen (BLET).
The dispute has not heretofore 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
this dispute and disputes involving other SEPTA
employees represented by other labor organizations was
established on June 15, 2014, by Executive Order 13670
of June 14, 2014. The emergency board terminated upon
issuance of its report. Subsequently, its
recommendations were not accepted by the parties to
this dispute.
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 an 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 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 October 13, 2014, 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 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 dispute 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 10, 2014.Reproduced from the Federal Register plain-text record, signed October 10, 2014. Typesetting artifacts are removed; no wording is changed.