To provide for a settlement of the railroad labor-management disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees.
PL 102-29 (H.J.Res.222), enacted 04/18/1991

PUBLIC LAW 102-29—APR. 18, 1991 
105 STAT. 169 
Public Law 102-29 
102d Congress 
Joint Resolution 
To provide for a settlement of the railroad labor-management disputes between 
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certain railroads represented by the National Carriers' Conference Committee of 
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the National Railway Labor Conference and certain of their employees. 
^H-J. Res. A^^\ 
Whereas the labor disputes between certain railroads represented 
by the National Carriers' Conference Committee of the National 
Railway Labor Conference and certain of their employees rep-
resented by certain labor organizations threaten 
essential 
transportation services of the United States; 
Whereas it is essential to the national interest, including the na-
tional 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. 
12714 of May 3, 1990, created Presidential Emergency Board No. 
219 to investigate the disputes and report findings; 
Whereas the recommendations of Presidential Emergency Board 
No. 219 issued on January 15, 1991, have formed the basis for 
tentative agreements between some, but not all, of the parties to 
the disputes; 
Whereas the recommendations of Presidential Emergency Board 
No. 219 issued on January 15, 1991, have not resulted in a 
settlement of all the disputes; 
Whereas all the procedures provided under the Railway Labor Act, 
and further procedures agreed to by the parties, have been ex-
hausted 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 the 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 
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 the disputes referred to in 
Executive Order No. 12714 of May 3, 1990, between certain railroads 
represented by the National Carriers' Conference Committee of the 
National Railway Labor Conference and the employees of such 
railroads represented by the labor organizations which are party to 
such disputes: 
(1) The parties to such disputes shall take all necessary steps 
to restore or preserve the conditions out of which such disputes 
105 STAT. 170 
PUBLIC LAW 102-29—APR. 18, 1991 
arose as such conditions existed before 12:01 a.m. on April 17, 
1991, except as otherwise 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 additional 
period with respect to the disputes referred to in Executive 
Order No. 12714 of May 3,1990, so that no change shall be made 
before the expiration of the period described in section 3(e) of 
this joint resolution by such parties, in the conditions out of 
which such dispute arose as such conditions existed before 12:01 
a.m. on April 17,1991. 
(3) Except as provided in sections 3 and 4 of this joint resolu-
tion, the report and recommendations of Presidential Emer-
gency Board No. 219 shall be binding on the parties upon the 
expiration of the period described in section 3(e) of this joint 
resolution, and shall 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.). 
SEC. 2. APPOINTMENT OF SPECIAL BOARD. 
President. 
The President shall promptly appoint a 3-member Special Board. 
One member of the Special Board shall be an individual who was a 
member of Presidential Emergency Board No. 219. The remaining 2 
members shall be appointed by the President from a list of arbitra-
tors compiled by the National Mediation Board. No member ap-
pointed to such Special Board shall be pecuniarily or otherwise 
interested in any organization of employees or any railroad. The 
compensation of the members of the Special Board shall be fixed by 
the National Mediation Board. The second parsigraph 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. 
(a) REQUESTS FOR CLARIFICATION OR INTERPRETATION OF AMBIGU-
ITIES.—Within 5 days after the Specigil Board is appointed under 
section 2, any party to the disputes referred to in Executive Order 
No. 12714 of May 3,1990, may request the Special Board to clarify or 
interpret any ambiguities in the recommendations of Presidential 
Emergency Board No. 219. 
(b) CLARIFICATION AND INTERPRETATION REPORT.—Within 15 days 
after the Special Board is appointed under section 2, the Special 
Board shall issue a report addressing requests made under subsec-
tion (a). 
(c) REQUESTS FOR MODIFICATION.—Within 10 days after the Special 
Board issues its report under subsection (b), any party to the dis-
putes referred to in Executive Order No. 12714 of May 3, 1990, 
may request the Special Board to modify any specific recommenda-
tion of Presidential Emergency Board No. 219 with respect to any 
issue on which the parties remain in disagreement. Issues on which 
Presidential Emergency Board No. 219 made no specific rec-
ommendation shall not be subject to consideration by the Special 
Board. 
(d) PROCEDURE AND DETERMINATION.—The Special Board shall 
conduct such proceedings as it considers necessary to review re-
quests made under subsection (c). In making a determination under 
this subsection, the Special Board shall accord a presumption of 
validity to the recommendations of Presidential Emergency Board 
PUBLIC LAW 102-29—APR. 18, 1991 
105 STAT. 171 
No. 219. The party requesting a modification of a particular Presi-
dential Emergency Board recommendation shall bear the burden of 
persuasion with respect to the modification of such recommenda-
tion. In order to overcome such presumption of validity, the party 
requesting a modification must show that the Presidential Emer-
gency Board recommendation is demonstrably inequitable or was 
based on a material error or material misunderstanding. No later 
than 30 days after the 10-day period described in subsection (c), the 
Special Board shall complete its review and issue a final determina-
tion on all requests made under subsection (c), modifjdng in whole or 
in part the recommendation of Presidential Emergency Board No. 
219 as to which the request was made, or den)dng such request. 
(e) EFFECT OF DETERMINATION.—Upon the expiration of 10 days 
after the issuance of the determination of the Special Board under 
subsection (d), such determination shall be binding on the parties 
and shall 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.). 
(f) CLARIFICATION OF DETERMINATION.—In the event of disagree-
ment as to the meaning of any part or all of the determination by 
the Special Board under subsection (d), or as to the terms of the 
detailed agreements or arrangements necessary to give effect there-
to, any party may, by December 31, 1991, apply to the Special Board 
for clarification of its determination, whereupon the Special Board 
shall reconvene and shall promptly issue a further determination 
with respect to the matters raised by any application for clarifica-
tion. Such further determination may, in the discretion of the 
Special Board, be made with or without a further hearing. 
(g) PRECLUSION OF JUDICIAL REVIEW,—There shall be no judicial 
review of any report or determination of the Special Board under 
this section. 
SEC. 4. MUTUAL AGREEMENTS PRESERVED. 
Nothing in this joint resolution shall prevent a mutual written 
agreement to any terms and conditions different from those estab-
lished by this joint resolution. 
Approved April 18, 1991. 
LEGISLATIVE HISTORY—H.J. Res. 222: 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Apr. 17, considered and passed House and Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Apr. 18, Presidential statement.