•HJ 379 IH
created Presidential Emergency Board No. 223 to in-
vestigate the disputes and report findings;
Whereas the President, pursuant to the provisions of sec-
tion 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 in-
vestigate 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 uninter-
rupted 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
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. CONDITIONS DURING RESOLUTION OF DIS-
PUTES.
The following conditions shall apply to the disputes
referred to in Executive Order No. 12899 of February 15,
1994, between the Long Island Rail Road Company and
the employees of such railroad represented by the labor
organization which is party to such disputes:
•HJ 379 IH
(1) The parties to such disputes shall take all
necessary steps to restore or preserve the conditions
out of which such disputes arose as such conditions
existed before 12:01 a.m. on June 16, 1994, except
as otherwise provided in this joint resolution.
(2) Section 9A(h) of the Railway Labor Act (45
U.S.C. 159a(h)) shall apply and be extended for an
additional period with respect to the disputes re-
ferred to in Executive Order No. 12899 of February
15, 1994, so that no change shall be made before
the expiration of 28 days after the date of enact-
ment of this resolution by such parties, in the condi-
tions out of which such dispute arose as such condi-
tions existed before 12:01 a.m. on June 16, 1994.
SEC. 2. APPOINTMENT OF SPECIAL BOARD.
A Special Board shall be appointed as follows:
(1) The management party to the disputes shall
recommend 1 member of the Special Board within
48 hours after the date of enactment of this resolu-
tion.
(2) The labor organization which is party to the
disputes shall recommend 1 member of the Special
Board within 48 hours after the date of enactment
of this resolution.
•HJ 379 IH
(3) The members recommended under para-
graphs (1) and (2) shall jointly recommend a third
member of the Special Board within 48 hours after
such members have been recommended under para-
graphs (1) and (2).
The President shall, within 48 hours after recommenda-
tions are made under paragraphs (1) through (3), appoint
a 3-member Special Board, taking into account the rec-
ommendations made under paragraphs (1) through (3).
The compensation of the members of the Special Board
shall be fixed by the National Mediation Board. The sec-
ond paragraph of section 10 of the Railway Labor Act
shall apply to the expenses of the Special Board appointed
under this subsection as if such Special Board were a
board created under such section 10.
SEC. 3. RESOLUTION OF ISSUES IN DISAGREEMENT.
The Special Board shall act as mediators for a period
of 28 days after the date of enactment of this joint resolu-
tion to resolve all issues outstanding between the parties
as of 12:01 a.m. on June 16, 1994. If at the end of such
28-day period the parties have not reached agreement on
all issues, the Special Board shall issue its determination
on the remaining issues in dispute. Such determination
shall be binding on the parties and shall have the same
effect as though arrived at by agreement of the parties
•HJ 379 IH
under the Railway Labor Act (45 U.S.C. 151 et seq.).
There shall be no judicial review of any report or deter-
mination of the Special Board under this section.
SEC. 4. MUTUAL AGREEMENTS PRESERVED.
Nothing in this joint resolution shall prevent a mu-
tual written agreement to any terms and conditions dif-
ferent from those established by this joint resolution.
Æ