The following
was released by the White House on Wednesday, April
4, 2007:
Executive Order:
Establishing An Emergency Board to Investigate a Dispute
Between Metro-North Railroad and Its Maintenance of
Way Employees Represented by the International Brotherhood
of Teamsters
A dispute
exists between Metro-North Railroad and its maintenance
of way employees represented by the International
Brotherhood of Teamsters.
The dispute
has not heretofore been adjusted under the provisions
of the Railway Labor Act, as amended, 45 U.S.C. 151
188 (the "Act").
A first emergency
board to investigate and report on this dispute and
disputes of other employees represented by other labor
organizations was established on December 7, 2006,
by Executive Order 13417 of December 6, 2006. The
emergency board terminated upon issuance of its report.
Subsequently, its recommendations were not accepted
by the parties.
A party empowered
by the Act has requested that the President establish
a second emergency board pursuant to section 9A of
the Act (45 U.S.C. 159a).
Section 9A(e)
of the Act provides that the President, upon such
request, shall appoint a second 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 Act, it is hereby ordered as follows:
Section 1.
Establishment of Emergency Board (Board). There is
established, effective April 6, 2007, 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 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 dispute 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.
George W.
Bush
The White House
April 4, 2007 |