IA

103D CONGRESS

2D SESSION H. J. RES. 379

To provide for a settlement of the railroad labor-management disputes between the Long Island Rail Road Company and certain of its employees

represented by the United Transportation Union.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1994

Mr. ACKERMAN (for himself, Mr. KING, Mr. LAZIO, Mr. LEVY, Mr.

HOCHBRUECKNER, MR. RANGEL, Ms. MOLINARI, Mr. TOWNS, Mr.

PAXON, Mr. SERRANO, Mr. FISH, Ms. VELA ́ZQUEZ, Mr. HOUGHTON, Mrs.

LOWEY, and Mr. SCHUMER) introduced the following joint resolution;

which was referred to the Committee on Energy and Commerce

JOINT RESOLUTION

To provide for a settlement of the railroad labor-management

disputes between the Long Island Rail Road Company

and certain of its employees represented by the United

Transportation Union.

Whereas the labor disputes between the Long Island Rail

Road Company and certain of its employees represented by the United Transportation Union threaten essential transportation services;

Whereas the President, pursuant to the provisions of section 9A of the Railway Labor Act (45 U.S.C. 159a),

by Executive Order No. 12874 of October 20, 1993,
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created Presidential Emergency Board No. 223 to investigate the disputes and report findings;

Whereas the President, pursuant to the provisions of section 9A of the Railway Labor Act (45 U.S.C. 159a),

by Executive Order No. 12899 of February 15, 1994,

created Presidential Emergency Board No. 224 to investigate the disputes and report findings;

Whereas all the procedures provided under the Railway

Labor Act have been exhausted and have not resulted

in settlement of all the disputes;

Whereas Congress, under the Commerce Clause of the

Constitution, has the authority to ensure the uninterrupted operation of essential transportation services;

Whereas the Congress finds that emergency measures are

essential to continuity of transportation services by

such railroad; and

Whereas Congress has in the past enacted legislation for

such purposes: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONDITIONS DURING RESOLUTION OF DIS4 PUTES.

5 The following conditions shall apply to the disputes

6 referred to in Executive Order No. 12899 of February 15,

7 1994, between the Long Island Rail Road Company and

8 the employees of such railroad represented by the labor

9 organization which is party to such disputes:
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1 (1) The parties to such disputes shall take all

2 necessary steps to restore or preserve the conditions

3 out of which such disputes arose as such conditions

4 existed before 12:01 a.m. on June 16, 1994, except

5 as otherwise provided in this joint resolution.

6 (2) Section 9A(h) of the Railway Labor Act (45

7 U.S.C. 159a(h)) shall apply and be extended for an

8 additional period with respect to the disputes re9 ferred to in Executive Order No. 12899 of February

10 15, 1994, so that no change shall be made before

11 the expiration of 28 days after the date of enact12 ment of this resolution by such parties, in the condi13 tions out of which such dispute arose as such condi14 tions existed before 12:01 a.m. on June 16, 1994.

15 SEC. 2. APPOINTMENT OF SPECIAL BOARD.

16 A Special Board shall be appointed as follows:

17 (1) The management party to the disputes shall

18 recommend 1 member of the Special Board within

19 48 hours after the date of enactment of this resolu20 tion.

21 (2) The labor organization which is party to the

22 disputes shall recommend 1 member of the Special

23 Board within 48 hours after the date of enactment

24 of this resolution.
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1 (3) The members recommended under para2 graphs (1) and (2) shall jointly recommend a third

3 member of the Special Board within 48 hours after

4 such members have been recommended under para5 graphs (1) and (2).

6 The President shall, within 48 hours after recommenda7 tions are made under paragraphs (1) through (3), appoint

8 a 3-member Special Board, taking into account the rec9 ommendations made under paragraphs (1) through (3).

10 The compensation of the members of the Special Board

11 shall be fixed by the National Mediation Board. The sec12 ond paragraph of section 10 of the Railway Labor Act

13 shall apply to the expenses of the Special Board appointed

14 under this subsection as if such Special Board were a

15 board created under such section 10.

16 SEC. 3. RESOLUTION OF ISSUES IN DISAGREEMENT.

17 The Special Board shall act as mediators for a period

18 of 28 days after the date of enactment of this joint resolu19 tion to resolve all issues outstanding between the parties

20 as of 12:01 a.m. on June 16, 1994. If at the end of such

21 28-day period the parties have not reached agreement on

22 all issues, the Special Board shall issue its determination

23 on the remaining issues in dispute. Such determination

24 shall be binding on the parties and shall have the same

25 effect as though arrived at by agreement of the parties
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1 under the Railway Labor Act (45 U.S.C. 151 et seq.).

2 There shall be no judicial review of any report or deter3 mination of the Special Board under this section.

4 SEC. 4. MUTUAL AGREEMENTS PRESERVED.

5 Nothing in this joint resolution shall prevent a mu6 tual written agreement to any terms and conditions dif7 ferent from those established by this joint resolution.

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