EXECUTIVE
ORDER
EO 13409
Effective Date: July 07, 2006

Responsible Office: Administrator
Subject: Establishing an Emergency Board to Investigate a Dispute Between Southeastern PA Transportation Authority and its Locomotive Engineers Represented by the Brotherhood of Loco. Engineers & Tra

Establishing an Emergency Board To Investigate a 
                Dispute Between Southeastern Pennsylvania 
                Transportation Authority and Its Locomotive Engineers 
                Represented by the Brotherhood of Locomotive Engineers 
                and Trainmen

                A dispute exists between Southeastern Pennsylvania 
                Transportation Authority (SEPTA) and its employees 
                represented by the Brotherhood of Locomotive Engineers 
                and Trainmen (BLET).

                The dispute has not heretofore been adjusted under the 
                provisions of the Railway Labor Act, as amended, 45 
                U.S.C. 151-188 (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).

                Section 9A(c) of the RLA 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 RLA, 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 8, 2006, 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 RLA, from the date of the creation of the 
                Board and for 120 days thereafter, no change in the 
                conditions 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.

[[Page 38512]]

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

                    President George Bush

                THE WHITE HOUSE,

                    July 3, 2006.
 

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