Joint resolution to provide a procedure for settlement of the dispute on the Pacific coast between certain shippers and associated employers and certain employees
PL 92-235 (S.J.Res.197), enacted 02/21/1972

40 
PUBLIC LAW 92-235-FEB. 21, 1972 
[86 STAT. 
February 21, 1972 
[S. J. Res, 197] 
Pacific coast 
dock strike. 
Settlement pro-
cedure. 
Strike prohibi-
tion. 
Public Law 92-235 
;.<..- 
: . , . . . , 
J O I N T RESOLUTION 
To itrovidp a procednre for se^ftlement of the dispntH on the I'acitic coaj^t between 
certain shippers and ass(K'iated einph^yers and certain eniphiyees. 
Wliereas tlierc is a dis|)nte between employers (or assot-iiitioiis by 
whicli siu'h eniployei's are represented in collective bargaining con-
ferences) who are (1) steamship companies operating ships or 
cm])1oyed as agents for ships engaged in servicie from or to Pacific 
coast or Hawaiian poi-ts of the (Tnited States, {'2) contracting 
stevedores, (8) contracting marine carpenters, (4) 
lighterage 
operatoi-s, or (5) other employers engaged in related or associated/ 
pier activities for ships engaged in service from or to Pacific coast 
or Hawaiian ]X)rts of the United States (hereafter called employers), 
and certain of the employees of snch employers represented by the 
International Longshoremen's and Warehousemen's Tnion; and 
Whereas the order enjoining a strike in this dispute granted by the 
Fnited States District Court, Northern District of California, in 
Tnited States against International Longshoremen's and Warehouse-
men's T'nion et ah, do<'ket numbei'ed C-17-1935 WTS, October 6, 
1971. expired on December 25,1971, pursuant to the Labor-Manage-
ment delations Act of 1947, as amended (29 LT.S.C. 176-178); and 
AMiereas all ])rocedures for resolving such dispute pro\ided for in the 
Labor-Management Kelations Act, 1947, have been exhausted and 
have not resulted in settlement of the dis])ute; and 
Whereas a settlement has not been reached desi)ite intensi\-e mediation 
effoi-ts and transportation services essential to the national interest 
are not being maintained; and 
Whereas it is vital to the national interest that essential transpoi-tation 
services be maintained; and 
^^''hereas the Congress finds that emergency measures are essential to 
continuity of essential transjx)i'tation services affected by this dis-
pute : Therefore l)e it 
Resolved hy the Seriate and Iloui^e of RepreHeiitatircH of the United 
States of Amenca 
in Congress tf-s-semb/ed. That (a) an arbitration 
board shall be established herein to hear and settle all issues in this 
dispute, and to issue a determination which shall be deemed a final 
and binding resolution, understanding, and agreement between the 
|)arties and shall also be deemed to supersede to the extent incon-
sistent therewith all other agreements or understandings between 
the parties: Prorided. That proceedings under this joint resolution 
shall be terminated innnediately upon certification, in writing, by 
the parties to the Secretary of Labor that they ha\'e reached com-
plete agreement on the disposition of all the issues. The determina-
tion of the arbitration lK)ard shall be effective for the period stated 
therein, Avhich may not be less than eighteen months. During such 
period, there shall be no resort to strike or lockout as between the 
parties. 
(b) From the date of enactment of this joint resolution until the 
arbitration board makes its determination, there shall be no resort 
to strike or lockout as between the parties, and no change, except by 
agreement of the parties, in the terms and conditions of employ-
ment as prescribed in the court order in United States against 
International longshoremen's and Warehousemen's Union et al., 
docket numbei-ed C-17-198o-WTS, October 6,1971. 
(c) For the purpose of this joint resolution the term "parties" 
jueans (1) the International Longshoremen's and Warehousemen's 
I'nion and (2) the Pacific Maritime Association, and all employers 
who are members of that association. 
86 STAT.] 
PUBLIC LAW 92-235-FEB. 21, 1972 
41 
SEC\ '1. (a) Tliere is established an arbitration board (hereinafter botrd'Ts^tXiish 
referred to as the "board") which shall be constituted in the follow- m°en't.' ''^ ^ 
i ng manner: 
(1) AVithin three days after the enactment of this joint resolution, 
both parties to the dispute, by agreement, may designate one individual 
to perform the functions and exercise the powers of the board. 
(2) In the event that the parties do not agree upon an individual 
' 
" 
under paragraph (1) of this section, each party shall within three days 
immediately following the expiration of the three-day period under 
paragraph (1), designate an individual to serve on the board. The two 
members of the board so designated shall select, within three days after 
their appointment, a third individual to be a member and act as chair-
man of the board. In the event that the two members of the board 
designated bv the parties cannot agree on the selection of the third 
member as chairman under this paragraph, within three days after 
their appointment, the third member who shall be the chairman shall 
l)e selected by the chief judge of the United States district court for 
the Northern District of California. 
(3) In the event that either pa;rty does not designate a member 
under paragraph (2) of this subsection, then the chief judge of the 
Tnited States district court for the Northern District of California 
n • 
.
» 
shall designate one individual to exercise the powers of the board. 
(b) The board shall make all necessary rules for conducting its 
hearings and giving to the parties and all other persons it determines 
may be directly affected by the board's determination notice and a full 
and fair hearing, which shall include an opportunity to present their 
case in person, by counsel, or by other representative as they may 
select. 
(c) For the purpose of hearings conducted by the board, it shall 
have authority conferred by the provisions of sections 9 and 10 
.-
(relating to the attendance and examination of witnesses and the 
production of books, papers, and documents) of the Federal Trade 
Commission Act (15 U.S.C. 49, 50). 
38 stat. 722. 
(d) The board shall begin its hearings no more than fifteen days 
after enactment. The board shall make its determination no later than 
Forty days after enactment. 
(e) In its determination the board shall resolve all the issues in the 
dispute. 
(f) The board's determination shall be retroactive to the date of 
enactment of this resolution. The board may make such further pro-
\isions for retroactivity to a date prior to the enactment of this 
resolution, if any, as it finds appropriate and consistent with the 
terms of this resolution. 
(g) The board shall make its determination consistent with the 
policv of the Economic Stabilization Act of 1971, and such determina- 
^^ stat. 743 
tion sliall be nnal and binding in every respect, subject only to review-
as provided in section 2 (i). 
(h) In the event of disagreement as to the meaning of any part 
or all of a determination by the board, or as to the terms of all the 
detailed agTeements or arrangements necessary to give effect thereto, 
any party may witliin the effective period of the determination apply to 
the board for clarification of its determination, whereupon the board 
shall reconvene and shall promptly issue a further determination, 
with respect to the matters raised by any application for clarification. 
Such further determination may, in the discretion of the board, be 
inade with or without a further hearing, and shall be final and bind-
ing ill every respect, subject only to review as provided in section 2(i). 
12 use 1904 
note. 
42 
PUBLIC LAW 92-236-MAR. 1, 1972 
[86 STAT. 
Review. 
62 Stat. 928. 
Compensation; 
travel expenses. 
80 Stat. 499; 
83 Stat. 190. 
SO Stat. 416. 
Penalty. 
Appropriation. 
(i) AiiY i)arty. a^ delijied in section 1, aggrieved by a detennina-
fion of the l)oard may. within fifteen days after its issuance, obtain 
review of the determination in the United States (^ourt of Appeals 
for the Xinth (''irciiit. The decision of the court of appeals may be 
reviewed in the Supreme Court by writ of certiorari or upon certifica-
tion as provided for in section 1254 (1) and (3), title 28, United 
States Code. The <ommenc^ement of proceedings uiider this subsec-
tion shall not, unless ordered by the court, operate as a stay of the 
determination of the l)oard. A determination of the board shall be 
conclusive unless found to be arbitrary or capricious. 
(j) Members of the board shall receive compensation at a rate 
of $250 per day wlien engaged in the work of the board as prescribed 
by this section, including traveltime, and shall be allowed travel 
expenses and per diem in lieu of subsistence as authorized by law 
(5 U.S.C. 5703), for persons in the Government service employed 
intermittently and receiving compensation on a per diem when actu-
ally employed basis. 
(k) For the purposes of carrying out its functions under this Act, 
the board is authorized to employ experts and consultants or orga-
nizations thereof as authorized by section 3109 of title 5, United 
States Code, and allow them while away from their home or regular 
[)laces of business, travel expenses (including per diem in lieu of 
subsistence) as authorized by section 5703 of title 5, United States 
Code, for persons in the Government service employed intermittently, 
while so employed. The board is also authorized to employ such sup-
[)ort services as are necessary for its operation. 
SEC. 3. (a) The Attorney General of the I'nited States shall be 
authorized to maintain any civil action necessary to obtain compliance 
with any pro\ision of this resolution. 
(b) Any strike, lockout, or other concerted activity in violation of 
this resolution shall be subject to a penalty not to exceed $100,000. 
Kach calendar day in which such a violation occurs shall be considei'ed 
a separate violati<m. 
SEC. 4. There is authorized to be appropriated such s\ims as mav 
be necessary for the implementation of this ivsohition. 
Approved February 21, 1972. 
Public Law 92-236 
March 1, 1972 
[S.1857] 
American Revo-
lution Bicen-
tennial Commis-
sion. 
Membership 
increase. 
81 Stat. 567; 
84 Stat. 1389. 
AN ACT 
To amend the joint resolution establishing the American Revolution 
Bicentennial Commission, as amended. 
Be it enacted hy the Senate and House of Repr-esentatives of the 
United States of America in Congress assembled, That the joint resolu-
tion entitled "Joint resolution to establish the American Revolution 
Bicentennial Commission, and for other purposes", approved July 4, 
1966 (80 Stat. 259), as amended, is further amended as follows: 
(1) Section 2(b) (3) is amended by adding the words "The Secre-
tary of the Treasury" after the words "The Secretary of State". 
(2) Section 2(b)(4) is redesignated as section 2(b)(5) and is 
amended to read as follows: 
"(5) Twenty-five members from private life to be appointed 
by the President, one of whom shall be designated as the Chair-
man by the President, who shall be so chosen as to be broadly rep-
resentative of the Nation's people, with specific recognition of the 
contributions of its youth as well as its elders, of its racial and 
ethnic minorities, of its creative arts, its useful crafts and its 
learned professions."