Establishing an Emergency Board To Investigate a 
                Dispute Between the Southeastern Pennsylvania 
                Transportation Authority and its Conductors Represented 
                by the United Transportation Union

                A dispute exists between the Southeastern Pennsylvania 
                Transportation Authority, and its conductors 
                represented by the United Transportation Union.

                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 party empowered by the Act has requested that the 
                President establish an emergency board pursuant to 
                section 9A of the Act (45 U.S.C. 159a).

                Section 9A(c) of the Act provides that the President, 
                upon such request, shall appoint an 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 12, 
                2004, 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. The Board shall report to the President 
                with respect to this dispute within 30 days of its 
                creation.

                Sec. 3. Maintaining Conditions. As provided by section 
                9A(c) of the Act, from the date of the creation of the 
                Board and for 120 days thereafter, no change in 
                theconditions out of which the dispute 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.

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                Sec. 5. Expiration. The Board shall terminate upon the 
                submission of the report provided for in section 2 of 
                this order.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    April 10, 2004.