| EXECUTIVE ORDER |
EO 13429 Effective Date: April 10, 2007 |
| Responsible Office: HQ Human Resources Management Division |
| Subject: Establishing an Establishing an Emergency Board to Investiage a Dispute Between Metro-North Railroad and It's Maintenance of Way employees Represented by the International Brotherhod of Team |
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.
[[Page 18102]]
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.
President, George Bush
THE WHITE HOUSE,
April 4, 2007.
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