IIA 

Calendar No. 242 

112TH CONGRESS 

1ST SESSION S. J. RES. 32 

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

labor-management dispute. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2011 

Mr. ENZI 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 

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; 


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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 Presidential 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 


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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 

5 to interrupt interstate commerce to a degree such as to 

6 deprive any section of the country of essential transpor7 tation service— 

8 (1) the parties to the disputes that are the sub9 ject of Executive Order No. 13586 of October 6, 

10 2011, between the carriers represented by the Na11 tional Carriers’ Conference Committee of the Na12 tional Railway Labor Conference and certain of their 

13 employees represented by the labor organizations 

14 which are party to such disputes shall take all nec15 essary steps to restore or preserve the conditions out 

16 of which such disputes arose as such conditions ex17 isted prior to 12:01 ante meridiem of December 6, 

18 2011, except as otherwise provided in this joint reso19 lution, which status shall remain in effect through 

20 December 31, 2014, and which status shall be sub21 ject to the provisions of paragraph (2) of this sec22 tion; and 

23 (2) the report and recommendations of the 

24 Presidential Emergency Board No. 243, dated No25 vember 5, 2011, shall be binding on the parties and 


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1 shall have the same effect as though arrived at by 

2 agreement of the parties under the Railway Labor 

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

4 for the period from January 1, 2010, through De5 cember 31, 2014, except as provided in the report 

6 and recommendations of Presidential Emergency 

7 Board No. 243 regarding the optional election by a 

8 labor organization that is a party to this dispute of 

9 the January 1, 2015, wage increase. 

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

11 any mutual written agreement by the parties to implement 

12 the terms and conditions established by this joint resolu13 tion, or prevent a mutual written agreement to any terms 

14 and conditions different from those established by this 

15 joint resolution. 


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Calendar No. 242 

112TH CONGRESS 

1ST SESSION S. J. RES. 32 

JOINT RESOLUTION 

To provide for the resolution of the outstanding 

dispute. issues in the current railway labor-management 

DECEMBER 1, 2011 

Read the second time and placed on the calendar 


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