To provide for a settlement of the railroad labor-management disputes between certain railroads and certain of their employees.
PL 102-306 (H.J.Res.517), enacted 06/26/1992

106 STAT. 260 
PUBLIC LAW 102-306—JUNE 26, 1992 
Public Law 102-306 
.
? 
102d Congress 
Joint Resolution 
June 26, 1992 
To provide for a settlement of the railroad labor-management disputes between 
[H.J. Res. 517] 
certain railroads and certain of their employees. 
Whereas the unresolved labor disputes between certain railroads 
and certain of their employees represented by certain labor 
organizations threaten 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; 
Whereas the President, pursuant to the provisions of section 10 
of the Railway Labor Act (45 U.S.C. 160), by Executive Orders 
No. 12794, 12795, and 12796 of March 31, 1992, created Presi-
dential Emergency Boards No. 220, 221, and 222 to investigate 
the disputes referenced therein and report findings; 
Whereas the recommendations of Presidential Emergency Boards 
No. 220, 221, and 222 issued on May 28, 1992, have not resulted 
in a settlement of all the disputes referenced therein; 
Whereas all the procedures provided under the Railway Labor 
Act, and further procedures agreed to by the parties, have been 
exhausted and have not resulted in settlement of all the disputes; 
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 security £ind continuity of transportation services by such rail-
roads; 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 DISPUTES. 
The following conditions shall apply to all carriers and all employ-
ees affected by the disputes referred to in Executive Orders No. 
12794, 12795, and 12796 of March 31, 1992, that remain unresolved 
between certain railroads and the employees of such railroads rep-
resented by the labor organizations which are party to such 
disputes: 
(1) All carriers and all employees affected by such unresolved 
disputes shall take all necessary steps to restore or preserve 
the conditions that existed before 12:01 a.m. on June 24, 1992, 
applicable to all such carriers and employees, except as other-
wise provided in this joint resolution. 
(2) The final paragraph of section 10 of the Railway Labor 
Act (45 U.S.C. 160) shall apply and be extended for an addi-
tional period with respect to each unresolved dispute referred 
PUBLIC LAW 102-306—JUNE 26, 1992 
106 STAT. 261 
to in Executive Orders No. 12794, 12795, and 12796 of 
March 31, 1992, so that no change shall be made by any 
carrier or employee affected by such unresolved dispute, before 
a decision is rendered under section 3(d) or the parties have 
reached agreement, in the conditions out of which such dispute 
arose as such conditions existed before 12:01 a.m. on 
June 24, 1992. 
SEC. 2. APPOINTMENT OF ARBITRATORS. 
(a) IN GENERAL.—(1) Within three days (excluding Saturdays, 
Sundays, and Federal holidays) after the date of enactment of 
this joint resolution, the carrier parties to the unresolved disputes 
described in Executive Order No. 12794 (acting jointly) and the 
labor organization party to such unresolved disputes shall each 
select an individual from the entire roster of arbitrators maintained 
by the National Mediation Board. Within six days (excluding Satur-
days, Sundays, and Federal holidays) £ifter the date of enactment 
of this joint resolution, the individuals selected under the preceding 
sentence shall jointly select an individual from such roster to serve 
as arbitrator for such unresolved disputes. 
(2) Within three days (excluding Saturdays, Sundays, and Federal 
holidays) after the date of enactment of this joint resolution, the 
carrier party to the unresolved dispute described in Executive Order 
No. 12795 and the labor organization party to such unresolved 
dispute shgJl each 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 of enactment of this joint resolution, the individuals 
selected imder the preceding sentence shall jointly select an individ-
ual from such roster to serve as arbitrator for such unresolved 
dispute. 
(3) Within three days (excluding Saturdays, Sundays, and Federal 
holidays) after the date of enactment of this joint resolution, the 
carrier party to the unresolved disputes described in Executive 
Order No. 12796 and each of the labor organization parties to 
such unresolved disputes shall select an individual from the entire 
roster of arbitrators maintained by the National Mediation Board. 
Within six days (excluding Saturdays, Sundays, and Federal holi-
days) after the date of enactment of this joint resolution, the individ-
ual selected by each of the labor organizations under the preceding 
sentence shall, jointly with the individual selected by the carrier 
under the preceding sentence, select an individual from such roster 
to serve as arbitrator for the unresolved disputes involving such 
labor organization and the carrier. 
(4) For purposes of this subsection and section 1, a dispute 
as to which tentative agreement has been reached but not ratified 
shall be considered an unresolved dispute. 
(b) QUALIFICATIONS.—No individual shall be selected under sub-
section (a) who is pecuniarily or otherwise interested in any 
organization of employees or any railroad, or who has served as 
a member of Presidential Emergency Board No. 219, 220, 221, 
or 222. Nothing in this joint resolution shall preclude an individual 
from serving as arbitrator for more than one dispute described 
in subsection (a). 
(c) COMPENSATION AND EXPENSES.—The compensation of individ-
uals selected under subsection (a) shall be fixed by the National 
Mediation Board. The second paragraph of section 10 of the Railway 
106 STAT. 262 
PUBLIC LAW 102-306-^UNE 26, 1992 
Labor Act shall apply to the expenses of such individuals as if 
such individuals were members of a board created under such 
section 10. 
SEC. 3. CONDUCT OF NEGOTIATIONS. 
(a) INITIAL PERIOD.—During the 20-day period beginning on the 
date of enactment of this joint resolution, the parties to the unre-
solved disputes described in section 2(a) shall conduct negotiations 
for the purpose of reaching agreement with respect to such disputes. 
Arbitrators selected under section 2 shall be available for con-
sultation with the parties to the unresolved disputes for which 
they have been selected. 
(b) SUBMISSION OF FINAL OFFERS.—If, within the period described 
in subsection (a), the parties to any dispute described in section 
2(a) do not reach agreement, both the labor organization and the 
carrier (or carriers) shall, within five days after the end of such 
period, submit to the arbitrator and to the other party (or parties) 
a proposed written contract embodying its last best offer for agree-
ment concerning rates of pay, rules, and working conditions. Such 
proposed written contract shall address only— 
(1) issues that the relevant Presidential Emergency Board 
dealt with by a recommendation in its report issued on 
May 28,1992; or 
(2) other issues that the parties agree may be addressed 
by the written contract. 
(c) FINAL NEGOTIATIONS.—^Upon submission to the arbitrator of 
the proposed written contracts described in subsection (b) and for 
a period of seven days thereafter, the parties shall, with the assist-
ance of the arbitrator, attempt to reach agreement. 
(d) ARBITRATOR'S DECISION.—If the parties fail to reach agreement 
within the period described in subsection (c), the arbitrator, within 
three days thereafter, shall render a decision selecting one of the 
proposed written contracts submitted imder subsection (b), without 
modification and shall immediately submit such decision and 
selected contract to the President. The selected contract shall be 
binding on the parties and have the same effect as though arrived 
at by agreement of the parties under the Railway Labor Act (45 
U.S.C. 151 et seq.) unless, within three days following receipt 
of the decision and selected contract, the President disapproves 
such decision and contract. If the President disapproves such deci-
sion and contract, the parties shall have those rights under the 
Railway Labor Act (45 U.S.C. 151 et seq.) they had at 12:01 a.m. 
on June 24,1992. 
(e) SPECIAL RULES.—(1) With respect to any tentative agreement 
reached but not ratified prior to the date of enactment of this 
joint resolution, if the ratification of such tentative agreement fails, 
the parties to such tentative agreement shall be considered p£uties 
to an unresolved dispute for purposes of this section, and the 
time periods described in this section shall apply to such dispute 
beginning on the date of such failure. 
(2) With respect to any tentative agreement reached after the 
date of enactment of this joint resolution, if the ratification of 
such tentative agreement fails, both the labor organization and 
the carrier (or carriers) party to such tentative agreement shall, 
within five days after the date of such failure, submit to the arbitra-
tor and to the other party (or parties) a proposed written contract 
PUBLIC LAW 102-306—JUNE 26, 1992 
106 STAT. 263 
under subsection (b), and shall be subject to subsections (c) and 
(d). 
(3) Upon the agreement of the parties to an unresolved dispute, 
final offers may be submitted under subsection (b) at any time 
after the date of enactment of this joint resolution. 
(f) TERMINATION.—^The responsibiUties of an arbitrator appointed 
under section 2 shall terminate upon a decision under subsection 
(d). 
SEC. 4. PRECLUSION OF JUDICIAL REVIEW. 
There shall be no judicial review of any decision of an arbitrator 
under this joint resolution. 
SEC. 5. MUTUAL AGREEMENT PRESERVED. 
Nothing in this joint resolution shall prevent a mutual written 
agreement to any terms and conditions different from those estab-
lished by the joint resolution. 
Approved June 26, 1992. 
LEGISLATIVE HISTORY—H.J. Res. 517: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
June 25, considered and passed House and Senate.