Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations
Signed July 15, 2022·Joseph R. Biden Jr.·87 FR 43203
Source
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Plain-language summary
Establishes a three-member Emergency Board, effective July 18, 2022, to investigate unresolved labor disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and their employees represented by certain labor organizations, following notification from the National Mediation Board that the disputes threaten to substantially interrupt interstate commerce. Board members, appointed by the President, must have no financial or other interest in any railroad or railroad labor organization. The Board must report to the President within 30 days of its creation. Under the Railway Labor Act, neither party may change the conditions underlying the disputes from the Board's creation until 30 days after it submits its report, 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 terminates, which occurs upon submission of 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 10 of the RLA (45 U.S.C. 160), it is hereby ordered
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The order, in full
Executive Order 14077 of July 15, 2022
Establishing an Emergency Board To Investigate
Disputes Between Certain Railroads Represented by the
National Carriers' Conference Committee of the National
Railway Labor Conference and Their Employees
Represented by Certain Labor Organizations
Disputes exist between certain railroads represented by
the National Carriers' Conference Committee of the
National Railway Labor Conference and their employees
represented by certain labor organizations. The
railroads and 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).
I have been notified by the National Mediation Board
that in its judgment these disputes threaten
substantially to interrupt interstate commerce to a
degree that would deprive a section of the country of
essential transportation service.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States, including section 10 of the RLA (45
U.S.C. 160), 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 18, 2022, a Board composed of a
chair and two other members, all of whom shall 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
10 of the RLA, from the date of the creation of the
Board and for 30 days after the Board has submitted 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,
July 15, 2022.Reproduced from the Federal Register plain-text record, signed July 15, 2022. Typesetting artifacts are removed; no wording is changed.