Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations
Signed November 12, 2015·Barack Obama·80 FR 71923
Source
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Plain-language summary
Establishes a second three-member Emergency Board, effective November 13, 2015, to investigate unresolved labor disputes between New Jersey Transit Rail and certain employees represented by specified labor organizations, under section 9A of the Railway Labor Act. This follows an earlier board created by Executive Order 13700, whose recommendations the parties did not accept. Board members may not have financial or other interests in any employee organization or carrier. Requires the disputing parties to submit final settlement offers within 30 days of the board's creation, and requires the board to report to the President within 30 days after that with its selection of the most reasonable offer. Bars the parties from changing the conditions underlying the disputes, except by mutual agreement, until 60 days after the report is submitted. Directs that the board's records be treated as Office of the President records and transferred to the National Mediation Board upon termination. 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
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 13700, July 15, 2015
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The order, in full
Executive Order 13711 of November 12, 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 the 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 first emergency board to investigate and report on
these disputes was established on July 16, 2015, by
Executive Order 13700 of July 15, 2015. 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
standard time on November 13, 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. 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 Act, 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, the
parties to the controversy shall make no change in the
conditions out of which the disputes arose 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 12, 2015.Reproduced from the Federal Register plain-text record, signed November 12, 2015. Typesetting artifacts are removed; no wording is changed.