Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations
Signed July 15, 2015·Barack Obama·80 FR 43003
Source
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Plain-language summary
Establishes a three-member emergency board under the Railway Labor Act to investigate unresolved labor disputes between New Jersey Transit Rail and certain of its employees represented by specified labor organizations, effective July 16, 2015. Board members must have no financial or other interest in any carrier or employee organization. The board must report to the President on the disputes within 30 days of its creation, after which it terminates. For 120 days from the board's creation, neither the railway nor the unions may change the conditions that gave rise to the disputes except by mutual agreement. The board's records are treated as records of the Office of the President and, once the board dissolves, are to be kept in the physical custody of the National Mediation Board.
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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 13711, November 12, 2015
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The order, in full
Executive Order 13700 of July 15, 2015
Establishing an Emergency Board To Investigate
Disputes Between New Jersey Transit Rail and Certain of
Its Employees Represented by Certain Labor
Organizations
Disputes exist between New Jersey Transit Rail 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 have not heretofore 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
daylight time on July 16, 2015, 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 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,
July 15, 2015.Reproduced from the Federal Register plain-text record, signed July 15, 2015. Typesetting artifacts are removed; no wording is changed.