II

Calendar No. 226

105TH CONGRESS

1ST SESSION S. J. RES. 37

To provide for the extension of a temporary prohibition of strikes or lockout

and to provide for binding arbitration with respect to the labor dispute

between Amtrak and certain of its employees.

IN THE SENATE OF THE UNITED STATES

OCTOBER 24, 1997

Mr. JEFFORDS introduced the following joint resolution; which was read the

first time

OCTOBER 27, 1997

Read the second time and placed on the calendar

JOINT RESOLUTION

To provide for the extension of a temporary prohibition of

strikes or lockout and to provide for binding arbitration

with respect to the labor dispute between Amtrak and

certain of its employees.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,
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1 SECTION 1. CONDITIONS DURING RESOLUTION OF DIS2 PUTE.

3 With respect to the disputes referred to in Executive

4 Order 13060 dated August 21, 1997, between Amtrak and

5 the Brotherhood of Maintenance of Way Employees, no

6 change, except by agreement, shall be made by the parties

7 in the conditions out of which the dispute arose until the

8 expiration of the 90-day period beginning on the date of

9 enactment of an Act authorizing appropriations for Am10 trak for fiscal year 1998, and a decision is rendered under

11 section 3(a)(4). Prior to such date, there shall be no resort

12 to strike, lock-out, or other self-help by either party.

13 SEC. 2. APPOINTMENT OF ARBITRATORS.

14 (a) IN GENERAL.—

15 (1) BY PARTIES.—Within 3 days (excluding

16 Saturdays, Sundays, and Federal holidays) after the

17 date of enactment of an Act authorizing appropria18 tions for Amtrak for fiscal year 1998, Amtrak and

19 the Brotherhood of Maintenance of Way Employees

20 shall each select an individual from the entire roster

21 of arbitrators maintained by the National Mediation

22 Board. Within 6 days (excluding Saturdays, Sun23 days, and Federal holidays) after such date of enact24 ment, the individuals selected under the preceding

25 sentence shall jointly select an individual from such

26 roster to serve as arbitrator for the unresolved dis-
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1 putes involved in the Executive Order referred to in

2 section 1.

3 (2) TENTATIVE AGREEMENTS.—For purposes

4 of this subsection and section 1, a dispute as to

5 which tentative agreement has been reached but not

6 ratified shall be considered an unresolved dispute.

7 (b) QUALIFICATIONS.—No individual shall be selected

8 under subsection (a) who is pecuniarily or otherwise inter9 ested in any organization of employees or any railroad,

10 or who has served as a member of Presidential Emergency

11 Board No. 234.

12 (c) COMPENSATION AND EXPENSES.—The compensa13 tion of individuals selected under subsection (a) shall be

14 fixed by the National Mediation Board. The second para15 graph of section 10 of the Railway Labor Act shall apply

16 to the expenses of such individuals as if such individuals

17 were members of a board created under such section 10.

18 SEC. 3. BEST OFFER BINDING ARBITRATION.

19 (a) SUBMISSION OF OFFERS.—

20 (1) IN GENERAL.—If, on the expiration of the

21 90-day period described in section 1, no agreement

22 has been reached between the parties described in

23 such section with respect to wage rates and com24 pensation, both the labor organization and the car25 rier shall, within 5 days after the end of such period,
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1 submit to an arbitrators appointed under section 2

2 and the other party, a proposed written contract em3 bodying its last best offer for agreement concerning

4 rates of pay, rules, and working conditions.

5 (2) CONTRACTS.—A written contract under

6 paragraph (1) shall address only—

7 (A) issues that the relevant Presidential

8 Emergency Board dealt with by a recommenda9 tion in its report issued on August 22, 1997; or

10 (B) other issues that the parties agree may

11 be addressed by the written contract.

12 (3) NEGOTIATION.—Upon submission to the ar13 bitrators of the proposed written contracts described

14 in paragraph (1), and for a period of 7 days there15 after, the parties shall, with the assistance of the ar16 bitrators, attempt to reach agreement.

17 (4) DECISION OF ARBITRATORS.—If the parties

18 fail to reach agreement within the period described

19 in paragraph (3), the arbitrator, within 3 days

20 thereafter, shall render a decision, after giving due

21 consideration to the financial status of Amtrak, se22 lecting 1 of the proposed written contracts submitted

23 under paragraph (1), without modification and shall

24 immediately submit such decision and selected con25 tract to the President. The selected contract shall be
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1 binding on the parties and have the same effect as

2 though arrived at by agreement of the parties under

3 the Railway Labor Act (45 U.S.C. 151 et seq.).

4 (b) JURISDICTION OF COURT.—At the request of

5 Amtrak or an organization representing employees of Am6 trak, a United States District Court shall have jurisdiction

7 with respect to a civil action to enforce this subsection,

8 and the decision of any arbitration panel under paragraph

9 (2), and may grant equitable or declaratory relief.

10 (c) SPECIAL RULE.—With respect to any tentative

11 agreement reached during the 90-day period referred to

12 in section 1, if the ratification of such tentative agreement

13 fails, both the labor organization and the carrier party to

14 such tentative agreement shall, within 5 days after the

15 date of such failure, submit to the arbitrators and to the

16 other party (or parties) a proposed written contract under

17 subsection (a).

18 SEC. 4. PRECLUSION OF JUDICIAL REVIEW.

19 Except as provided in section 3(b), there shall be no

20 judicial review of any decision of an arbitrator under this

21 joint resolution.

22 SEC. 5. MUTUAL AGREEMENT PRESERVED.

23 Nothing in this joint resolution shall prevent a mutual

24 written agreement to any terms and conditions different

25 from those established by the joint resolution.
Calendar No. 226

105TH CONGRESS

1ST SESSION S. J. RES. 37

JOINT RESOLUTION

To provide for the extension of a temporary prohiees. pute between Amtrak and certain of its employ- binding arbitration with respect to the labor dis- bition of strikes or lockout and to provide for

OCTOBER 27, 1997

Read the second time and placed on the calendar