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 first emergency board to investigate and report on 
                the dispute was established on April 12, 2004, by 
                Executive Order 13334 of April 10, 2004. 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 August 10, 
                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. 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.

[[Page 50048]]

                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,

                    August 9, 2004.