IA 

112TH CONGRESS 

1ST SESSION H. J. RES. 91 

To provide for the resolution of the outstanding issues in the current railway 

labor-management dispute. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2011 

Mr. MICA introduced the following joint resolution; which was referred to the 

Committee on Transportation and Infrastructure 

JOINT RESOLUTION 

To provide for the resolution of the outstanding issues in 

the current railway labor-management dispute. 

Whereas the labor dispute between the carriers represented 

by the National Carriers’ Conference Committee of the 

National Railway Labor Conference and certain of their 

employees represented by certain labor organizations 

threatens essential transportation services of the United 

States; 

Whereas it is essential to 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. 13586 of October 6, 2011, created PresiVerDate Mar 15 2010 23:18 Nov 30, 2011 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HJ91.IH HJ91

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dential Emergency Board No. 243 to investigate the dispute and report findings; 

Whereas the recommendations of Presidential Emergency 

Board No. 243 issued on November 5, 2011, have formed 

the basis for tentative agreements between some, but not 

all, of the parties to the disputes; 

Whereas the recommendations of Presidential Emergency 

Board No. 243 issued on November 5, 2011, have not resulted in a settlement of all the disputes; 

Whereas all of the procedures for resolving such dispute provided for in the Railway Labor Act will be exhausted as 

of 12:01 ante meridiem of December 6, 2011, at which 

time essential transportation services will be subject to 

interruption; 

Whereas it is desirable to resolve such disputes 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 the security and continuity of transportation services by such carriers; 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 That consistent with the purposes of the Railway Labor 

4 Act to avoid any labor dispute that threatens substantially 


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1 to interrupt interstate commerce to a degree such as to 

2 deprive any section of the country of essential transpor3 tation service— 

4 (1) the parties to the disputes that are the sub5 ject of Executive Order No. 13586 of October 6, 

6 2011, between the carriers represented by the Na7 tional Carriers’ Conference Committee of the Na8 tional Railway Labor Conference and certain of their 

9 employees represented by the labor organizations 

10 which are party to such disputes shall take all nec11 essary steps to restore or preserve the conditions out 

12 of which such disputes arose as such conditions ex13 isted prior to 12:01 ante meridiem of December 6, 

14 2011, except as otherwise provided in this joint reso15 lution, which status shall remain in effect through 

16 December 31, 2014, and which status shall be sub17 ject to the provisions of paragraph (2) of this sec18 tion; and 

19 (2) the report and recommendations of the 

20 Presidential Emergency Board No. 243, dated No21 vember 5, 2011, shall be binding on the parties and 

22 shall have the same effect as though arrived at by 

23 agreement of the parties under the Railway Labor 

24 Act (45 U.S.C. 151 et seq.), and shall be effective 

25 for the period from January 1, 2010, through DeVerDate Mar 15 2010 23:18 Nov 30, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HJ91.IH HJ91

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1 cember 31, 2014, except as provided in the report 

2 and recommendations of Presidential Emergency 

3 Board No. 243 regarding the optional election by a 

4 labor organization that is a party to this dispute of 

5 the January 1, 2015, wage increase. 

6 SEC. 2. Nothing in this joint resolution shall prevent 

7 any mutual written agreement by the parties to implement 

8 the terms and conditions established by this joint resolu9 tion, or prevent a mutual written agreement to any terms 

10 and conditions different from those established by this 

11 joint resolution. 

Æ 


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