IIA 

Calendar No. 241 

112TH CONGRESS 

1ST SESSION S. J. RES. 31 

Applying certain conditions to the dispute referred to in Executive Order 

13586 of October 6, 2011, between the enumerated freight rail carriers, 

common carriers by rail in interstate commerce, and certain of their 

employees represented by labor organizations that have not agreed to 

extend the cooling-off period under section 10 of the Railway Labor 

Act beyond 12:01 a.m. on December 6, 2011. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2011 

Mr. REID introduced the following joint resolution; which was read the first 

time 

DECEMBER 1, 2011 

Read the second time and placed on the calendar 

JOINT RESOLUTION 

Applying certain conditions to the dispute referred to in 

Executive Order 13586 of October 6, 2011, between 

the enumerated freight rail carriers, common carriers 

by rail in interstate commerce, and certain of their employees represented by labor organizations that have not 

agreed to extend the cooling-off period under section 

10 of the Railway Labor Act beyond 12:01 a.m. on 

December 6, 2011. 


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•SJ 31 PCS 

Whereas the labor dispute between numerous rail carriers 

that are common carriers by rail in interstate commerce, 

and certain of their employees represented by labor organizations, threatens to interrupt essential freight rail 

services of the United States; 

Whereas it is essential to the national interest that essential 

freight rail services be maintained; 

Whereas Congress finds that emergency measures are essential to maintaining the security and continuity of freight 

rail services; 

Whereas the President, by Executive Order 13586 of October 

6, 2011, and pursuant to the provisions of section 10 of 

the Railway Labor Act (45 U.S.C. 160), created Presidential Emergency Board 243 to investigate the dispute 

and report findings; 

Whereas the recommendations of the Emergency Board 243 

issued on November 5, 2011, have been exhausted and 

have not resulted in settlement of the dispute; 

Whereas Congress, under the Commerce Clause of the Constitution, has the authority and responsibility to ensure 

the uninterrupted operation of essential freight rail services; 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. REQUIRED CONDITIONS. 

4 The following conditions shall apply to the dispute re5 ferred to in Executive Order 13586 of October 6, 2011, 


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•SJ 31 PCS 

1 between the enumerated freight rail carriers, common car2 riers by rail in interstate commerce, and certain of their 

3 employees represented by labor organizations that have 

4 not agreed to extend the cooling-off period under section 

5 10 of the Railway Labor Act (45 U.S.C. 160) beyond 

6 12:01 a.m. on December 6, 2011: 

7 (1) The parties to such dispute shall take all 

8 necessary steps to restore or preserve the conditions 

9 out of which such dispute arose as such conditions 

10 existed before 12:01 a.m. on December 6, 2011, ex11 cept as provided in paragraphs (2) and (3). 

12 (2) The report and recommendations of the 

13 Emergency Board 243 shall be binding on the par14 ties upon the enactment of this joint resolution and 

15 shall have the same effect as though arrived at by 

16 agreement of the parties under the Railway Labor 

17 Act (45 U.S.C. 151 et seq.), except that nothing in 

18 this joint resolution shall prevent a mutual written 

19 agreement to any terms and conditions different 

20 from those established by this joint resolution. 

21 (3)(A) If there are unresolved implementing 

22 issues remaining with respect to the report and rec23 ommendations or agreement under paragraph (2) 

24 after 10 days after the date of enactment of this 

25 joint resolution, the parties to the dispute shall enter 


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1 into binding arbitration to provide for a resolution of 

2 such issues. 

3 (B) The National Mediation Board established 

4 by section 4 of the Railway Labor Act (45 U.S.C. 

5 154) shall appoint an arbitrator to resolve the issues 

6 described in subparagraph (A). Except as provided 

7 in this joint resolution, such arbitration shall be con8 ducted as if it were under section 7 of such Act, and 

9 any award of such arbitration shall be enforceable as 

10 if under section 9 of such Act. 

11 (4) Within thirty days after the date of enact12 ment of this joint resolution, the binding arbitration 

13 entered into pursuant to paragraph (3) shall be com14 pleted. 


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Calendar No. 241 

112TH CONGRESS 

1ST SESSION S. J. RES. 31 

JOINT RESOLUTION 

Applying certain conditions to the dispute referred 

cember 6, 2011. the Railway Labor Act beyond 12:01 a.m. on Detend the cooling-off period under section 10 of labor organizations that have not agreed to exand certain of their employees represented by common carriers by rail in interstate commerce, between the enumerated freight rail carriers, to in Executive Order 13586 of October 6, 2011, 

DECEMBER 1, 2011 

Read the second time and placed on the calendar 


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