I
103D CONGRESS
1ST SESSION
H. R. 2989
Amending the Railway Labor Act to provide for the settlement of railroad
labor-management disputes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. OXLEY (for himself, Mr. MOORHEAD, Mr. BLILEY, and Mr. FIELDS of
Texas) introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
Amending the Railway Labor Act to provide for the
settlement of railroad labor-management disputes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT.
The Railway Labor Act (45 U.S.C. 151 et seq.) is
amended by inserting after section 10 the following new
section:
‘‘FINAL ARBITRATION PROCEDURES
‘‘SEC. 10A. (a) If any dispute with respect to which
a board created under section 10 has made recommenda-
tions remains unresolved 30 days after the report of such
board to the President, the final paragraph of section 10
shall apply and be extended for an additional period with
respect to each such unresolved dispute, so that no change
shall be made by any carrier or employee affected by such
unresolved dispute, before a decision is rendered under
subsection (c)(4) or the parties have reached agreement,
in the conditions out of which such dispute arose.
‘‘(b)(1)(A) Within three days (excluding Saturdays,
Sundays, and Federal holidays) after the date which is
30 days after a report is made to the President under sec-
tion 10, the carrier parties to the unresolved disputes that
were the subject of such report, acting jointly, and the
labor organization parties to such unresolved disputes,
acting jointly, shall select an individual from the entire
roster of arbitrators maintained by the National Mediation
Board. Within six days (excluding Saturdays, Sundays,
and Federal holidays) after the date which is 30 days after
such report under section 10, the individual selected by
the labor organizations under the preceding sentence shall,
jointly with the individual selected by the carrier parties
under the preceding sentence, select an individual from
such roster to serve as arbitrator for the unresolved dis-
putes involving such labor organizations and carriers.
‘‘(B) For purposes of this paragraph and subsection
(a), a dispute as to which tentative agreement has been
reached but not ratified shall be considered an unresolved
dispute.
‘‘(2) No individual shall be selected under paragraph
(1) who is pecuniarily or otherwise interested in any orga-
nization of employees or any railroad, or who has served
as a member of the board created under section 10 with
respect to the disputes involved.
‘‘(3) The compensation of individuals selected under
paragraph (1) shall be fixed by the National Mediation
Board. The second paragraph of section 10 of the Railway
Labor Act shall apply to the expenses of such individuals
as if such individuals were members of a board created
under such section 10.
‘‘(c)(1) During the 20-day period beginning on the
date which is 30 days after the relevant report under sec-
tion 10, the parties to the unresolved disputes described
in subsection (b)(1) shall conduct negotiations for the pur-
pose of reaching agreement with respect to such disputes.
Arbitrators selected under subsection (b) shall be available
for consultation with the parties to the unresolved disputes
for which they have been selected.
‘‘(2) If, within the period described in paragraph (1),
the parties to any dispute described in subsection (b) do
not reach agreement, both the labor organizations and the
carriers shall, within five days after the end of such period,
submit to the arbitrator and to the other parties a pro-
posed written contract embodying their last best offer for
agreement concerning rates of pay, rules, and working
conditions. Such proposed written contract shall address
only—
‘‘(A) issues that the relevant Presidential Emer-
gency Board dealt with by a recommendation in its
report; and
‘‘(B) other issues that the parties agree may be
addressed by the written contract.
‘‘(3) Upon submission to the arbitrator of the pro-
posed written contracts described in paragraph (2), and
for a period of seven days thereafter, the parties shall,
with the assistance of the arbitrator, attempt to reach
agreement.
‘‘(4) If the parties fail to reach agreement within the
period described in paragraph (3), the arbitrator, within
three days thereafter, shall render a decision selecting one
of the proposed written contracts submitted under para-
graph (2), without modification, and shall immediately
submit such decision and selected contract to the Presi-
dent. The selected contract shall be binding on the parties
and have the same effect as though arrived at by agree-
ment of the parties under this Act unless, within three
days following receipt of the decision and selected con-
tract, the President disapproves such decision and con-
tract. If the President disapproves such decision and con-
tract, the parties shall have those rights under this Act
they had on the date which was 30 days after the relevant
report under section 10.
‘‘(5)(A) With respect to any tentative agreement
reached but not ratified prior to the date which is 30 days
after the relevant report under section 10, if the ratifica-
tion of such tentative agreement fails, the parties to such
tentative agreement shall be considered parties to an unre-
solved dispute for purposes of this subsection, and the
time periods described in this subsection shall apply to
such dispute beginning on the date of such failure.
‘‘(B) With respect to any tentative agreement
reached after the date which is 30 days after the relevant
report under section 10, if the ratification of such ten-
tative agreement fails, both the labor organizations and
the carriers party to such tentative agreement shall, within
five days after the date of such failure, submit to the arbi-
trator and to the other parties a proposed written contract
under paragraph (2), and shall be subject to paragraphs
(3) and (4).
‘‘(C) Upon the agreement of the parties to an unre-
solved dispute, final offers may be submitted under para-
graph (2) at any time after the date which is 30 days
after the relevant report under section 10.
‘‘(6) The responsibilities of an arbitrator appointed
under subsection (b) shall terminate upon a decision under
paragraph (4) of this subsection.
‘‘(d) There shall be no judicial review of any decision
of an arbitrator under this section.
‘‘(e) Nothing in this section shall prevent a mutual
written agreement to any terms and conditions different
from those established by this section.’’.
SEC. 2. EXCLUSION.
Section 201 of the Railway Labor Act (45 U.S.C.
181) is amended by striking ‘‘section 3’’ and inserting in
lieu thereof ‘‘sections 3 and 10A’’.
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