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Establishing an Emergency Board To Investigate Disputes Between Metro-North Railroad and Certain of Its Employees Represented by Certain Labor Organizations

George W. Bush · Signed December 6, 2006 · 71 FR 71459 · Official PDF

Executive Order 13417

Establishing an Emergency Board To Investigate Disputes Between Metro-North Railroad and Certain of Its Employees Represented by Certain Labor Organizations

Disputes exist between Metro-North Railroad (Metro-North) 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 a 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 et. seq . (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).

Sec. 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:

Sec. 1 Establishment of Emergency Board (Board)

There is established, effective 12:01 a.m. eastern standard time on December 7, 2006, 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

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, from the date of the creation of the Board and for 120 days thereafter, 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.

Labor Organizations

International Association of Machinists & Aerospace Workers

International Brotherhood of Electrical Workers

International Brotherhood of Teamsters

Service Employees International Union-National Conference of Firemen & Oilers

Sheet Metal Workers' International Association

Transportation Communications International Union (including Transportation Communications International Union - American Railway and Airline Supervisors Association)

Transport Workers Union of America