To provide for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees.
PL 117-216 (H.J.Res.100), enacted 12/02/2022

[117th Congress Public Law 216]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2267]]

Public Law 117-216
117th Congress

                            Joint Resolution


 
  To provide for a resolution with respect to the unresolved disputes 
    between certain railroads represented by the National Carriers' 
   Conference Committee of the National Railway Labor Conference and 
 certain of their employees. <<NOTE: Dec. 2, 2022 -  [H.J. Res. 100]>> 

Whereas the unresolved labor disputes between certain railroads 
    represented by the National Carriers' Conference Committee of the 
    National Railway Labor Conference and their employees represented by 
    certain labor organizations threaten essential transportation 
    services of the United States;

Whereas it is in the national interest, including the national health 
    and defense, that essential transportation services be maintained;

Whereas the President, pursuant to the provisions of section 10 of the 
    Railway Labor Act (45 U.S.C. 160), by Executive Order No. 14077 of 
    July 15, 2022, created Presidential Emergency Board No. 250 to 
    investigate the disputes and report findings;

Whereas the recommendations of Presidential Emergency Board No. 250 
    issued on August 16, 2022, formed the basis for tentative agreements 
    between all of the parties to the disputes;

Whereas some, but not all, of the tentative agreements have been 
    ratified by the union memberships in final resolution of certain of 
    the disputes between the parties;

Whereas unresolved disputes remain between the parties whose tentative 
    agreements were not ratified by the union memberships;

Whereas the recommendations of Presidential Emergency Board No. 250 
    issued on August 16, 2022, have not resulted in a final resolution 
    of all the disputes;

Whereas all the procedures provided under the Railway Labor Act (45 
    U.S.C. 151 et seq.), and further procedures agreed to by the 
    parties, have been exhausted and have not resulted in a final 
    resolution of all the disputes;

Whereas it is desirable that all such disputes be resolved 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 national 
    security and continuity of transportation services by such 
    railroads; and

Whereas Congress has in the past enacted legislation for such purposes: 
    Now, therefore, be it


[[Page 136 STAT. 2268]]



    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONDITIONS FOR RESOLVING DISPUTES.

    (a) In General.--Consistent with the purposes of the Railway Labor 
Act (45 U.S.C. 151 et seq.) to avoid any labor dispute that threatens 
substantially to interrupt interstate commerce to a degree such as to 
deprive any section of the country of essential transportation service, 
the most recent tentative agreements, side letters, and local carrier 
agreements entered into by the covered parties that have not been 
ratified before the date of enactment of this joint resolution 
(including tentative agreements, side letters, and local carrier 
agreements that have failed ratification) shall be binding on such 
covered parties to such unresolved disputes, and shall have the same 
effect as though arrived at by agreement of such covered parties under 
the Railway Labor Act (45 U.S.C. 151 et seq.).
    (b) <<NOTE: Definition.>>  Covered Parties.--In this section, the 
term ``covered parties'' means the parties to the unresolved disputes 
subject to Presidential Emergency Board No. 250, established pursuant to 
Executive Order 14077 of July 15, 2022 (87 Fed. Reg. 43203; relating to 
establishing an emergency board to investigate disputes between certain 
railroads represented by the National Carriers' Conference Committee of 
the National Railway Labor Conference and their employees represented by 
certain labor organizations) and the provisions of section 10 of the 
Railway Labor Act (45 U.S.C. 160).

SEC. 2. MUTUAL AGREEMENT.

    Nothing in this joint resolution shall prevent any mutual written 
agreement by the parties to implement the terms and conditions 
established by this joint resolution, or prevent a mutual written 
agreement to any terms and conditions different from those established 
by this joint resolution.

    Approved December 2, 2022.

LEGISLATIVE HISTORY--H.J. Res. 100:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Nov. 30, considered and passed House.
            Dec. 1, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            Dec. 2, Presidential remarks.

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