`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 37 Placed on Calendar Senate (PCS)]






                                                       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.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, 

SECTION 1. CONDITIONS DURING RESOLUTION OF DISPUTE.

    With respect to the disputes referred to in Executive Order 13060 
dated August 21, 1997, between Amtrak and the Brotherhood of 
Maintenance of Way Employees, no change, except by agreement, shall be 
made by the parties in the conditions out of which the dispute arose 
until the expiration of the 90-day period beginning on the date of 
enactment of an Act authorizing appropriations for Amtrak for fiscal 
year 1998, and a decision is rendered under section 3(a)(4). Prior to 
such date, there shall be no resort to strike, lock-out, or other self-
help by either party.

SEC. 2. APPOINTMENT OF ARBITRATORS.

    (a) In General.--
            (1) By parties.--Within 3 days (excluding Saturdays, 
        Sundays, and Federal holidays) after the date of enactment of 
        an Act authorizing appropriations for Amtrak for fiscal year 
        1998, Amtrak and the Brotherhood of Maintenance of Way 
        Employees shall each select an individual from the entire 
        roster of arbitrators maintained by the National Mediation 
        Board. Within 6 days (excluding Saturdays, Sundays, and Federal 
        holidays) after such date of enactment, the individuals 
        selected under the preceding sentence shall jointly select an 
        individual from such roster to serve as arbitrator for the 
        unresolved disputes involved in the Executive Order referred to 
        in section 1.
            (2) Tentative agreements.--For purposes of this subsection 
        and section 1, a dispute as to which tentative agreement has 
        been reached but not ratified shall be considered an unresolved 
        dispute.
  (b) Qualifications.--No individual shall be selected under subsection 
(a) who is pecuniarily or otherwise interested in any organization of 
employees or any railroad, or who has served as a member of 
Presidential Emergency Board No. 234.
  (c) Compensation and Expenses.--The compensation of individuals 
selected under subsection (a) shall be fixed by the National Mediation 
Board. The second paragraph of section 10 of the Railway Labor Act 
shall apply to the expenses of such individuals as if such individuals 
were members of a board created under such section 10.

SEC. 3. BEST OFFER BINDING ARBITRATION.

    (a) Submission of Offers.--
            (1) In general.--If, on the expiration of the 90-day period 
        described in section 1, no agreement has been reached between 
        the parties described in such section with respect to wage 
        rates and compensation, both the labor organization and the 
        carrier shall, within 5 days after the end of such period, 
        submit to an arbitrators appointed under section 2 and the 
        other party, a proposed written contract embodying its last 
        best offer for agreement concerning rates of pay, rules, and 
        working conditions.
            (2) Contracts.--A written contract under paragraph (1) 
        shall address only--
                    (A) issues that the relevant Presidential Emergency 
                Board dealt with by a recommendation in its report 
                issued on August 22, 1997; or
                    (B) other issues that the parties agree may be 
                addressed by the written contract.
            (3) Negotiation.--Upon submission to the arbitrators of the 
        proposed written contracts described in paragraph (1), and for 
        a period of 7 days thereafter, the parties shall, with the 
        assistance of the arbitrators, attempt to reach agreement.
            (4) Decision of arbitrators.--If the parties fail to reach 
        agreement within the period described in paragraph (3), the 
        arbitrator, within 3 days thereafter, shall render a decision, 
        after giving due consideration to the financial status of 
        Amtrak, selecting 1 of the proposed written contracts submitted 
        under paragraph (1), without modification and shall immediately 
        submit such decision and selected contract to the President. 
        The selected contract shall be binding on the parties and have 
        the same effect as though arrived at by agreement of the 
        parties under the Railway Labor Act (45 U.S.C. 151 et seq.).
    (b) Jurisdiction of Court.--At the request of Amtrak or an 
organization representing employees of Amtrak, a United States District 
Court shall have jurisdiction with respect to a civil action to enforce 
this subsection, and the decision of any arbitration panel under 
paragraph (2), and may grant equitable or declaratory relief.
  (c) Special Rule.--With respect to any tentative agreement reached 
during the 90-day period referred to in section 1, if the ratification 
of such tentative agreement fails, both the labor organization and the 
carrier party to such tentative agreement shall, within 5 days after 
the date of such failure, submit to the arbitrators and to the other 
party (or parties) a proposed written contract under subsection (a).

SEC. 4. PRECLUSION OF JUDICIAL REVIEW.

  Except as provided in section 3(b), there shall be no judicial review 
of any decision of an arbitrator under this joint resolution.

SEC. 5. MUTUAL AGREEMENT PRESERVED.

  Nothing in this joint resolution shall prevent a mutual written 
agreement to any terms and conditions different 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 prohibition of strikes or 
  lockout and to provide for binding arbitration with respect to the 
       labor dispute between Amtrak and certain of its employees.

_______________________________________________________________________

                            October 27, 1997

            Read the second time and placed on the calendar`