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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 100 Enrolled Bill (ENR)]

        H.J.Res.100

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two

                            Joint Resolution

 
  To provide for a resolution with respect to the unresolved disputes 
    between certain railroads represented by the National Carriers' 
   Conference Committee of the National Railway Labor Conference and 
                       certain of their employees.

Whereas the unresolved labor disputes between certain railroads 
  represented by the National Carriers' Conference Committee of the 
  National Railway Labor Conference and their employees represented by 
  certain labor organizations threaten essential transportation 
  services of the United States;

Whereas it is in the national interest, including the national health 
  and defense, that essential transportation services be maintained;

Whereas the President, pursuant to the provisions of section 10 of the 
  Railway Labor Act (45 U.S.C. 160), by Executive Order No. 14077 of 
  July 15, 2022, created Presidential Emergency Board No. 250 to 
  investigate the disputes and report findings;

Whereas the recommendations of Presidential Emergency Board No. 250 
  issued on August 16, 2022, formed the basis for tentative agreements 
  between all of the parties to the disputes;

Whereas some, but not all, of the tentative agreements have been 
  ratified by the union memberships in final resolution of certain of 
  the disputes between the parties;

Whereas unresolved disputes remain between the parties whose tentative 
  agreements were not ratified by the union memberships;

Whereas the recommendations of Presidential Emergency Board No. 250 
  issued on August 16, 2022, have not resulted in a final resolution of 
  all the disputes;

Whereas all the procedures provided under the Railway Labor Act (45 
  U.S.C. 151 et seq.), and further procedures agreed to by the parties, 
  have been exhausted and have not resulted in a final resolution of 
  all the disputes;

Whereas it is desirable that all such disputes be resolved in a manner 
  which encourages solutions reached through collective bargaining;

Whereas Congress, under the Commerce Clause of the Constitution, has 
  the authority and responsibility to ensure the uninterrupted 
  operation of essential transportation services;

Whereas Congress finds that emergency measures are essential to 
  national security and continuity of transportation services by such 
  railroads; and

Whereas Congress has in the past enacted legislation for such purposes: 
  Now, therefore, be it

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

SECTION 1. CONDITIONS FOR RESOLVING DISPUTES.

    (a) In General.--Consistent with the purposes of the Railway Labor 
Act (45 U.S.C. 151 et seq.) to avoid any labor dispute that threatens 
substantially to interrupt interstate commerce to a degree such as to 
deprive any section of the country of essential transportation service, 
the most recent tentative agreements, side letters, and local carrier 
agreements entered into by the covered parties that have not been 
ratified before the date of enactment of this joint resolution 
(including tentative agreements, side letters, and local carrier 
agreements that have failed ratification) shall be binding on such 
covered parties to such unresolved disputes, and shall have the same 
effect as though arrived at by agreement of such covered parties under 
the Railway Labor Act (45 U.S.C. 151 et seq.).
    (b) Covered Parties.--In this section, the term ``covered parties'' 
means the parties to the unresolved disputes subject to Presidential 
Emergency Board No. 250, established pursuant to Executive Order 14077 
of July 15, 2022 (87 Fed. Reg. 43203; relating to establishing an 
emergency board to investigate disputes between certain railroads 
represented by the National Carriers' Conference Committee of the 
National Railway Labor Conference and their employees represented by 
certain labor organizations) and the provisions of section 10 of the 
Railway Labor Act (45 U.S.C. 160).

SEC. 2. MUTUAL AGREEMENT.

    Nothing in this joint resolution shall prevent any mutual written 
agreement by the parties to implement the terms and conditions 
established by this joint resolution, or prevent a mutual written 
agreement to any terms and conditions different from those established 
by this joint resolution.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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