Joint resolution to provide for the settlement of the labor dispute between certain carriers by railroad and certain of their employees
PL 88-108 (S.J.Res.102), enacted 08/28/1963

132 
PUBLIC LAW 88-108-AUG. 28, 1963 
Public Law 88-108 
[77 STAT. 
45 use 151. 
JOINT RESOLUTION 
August 28, 1963 
[s. J. Res. 102] 
Jo provide for the settlement of the labor dispute between certain can-ierw by 
railroad and certain of their employees. 
"Whereas the hibor dispute between the carriers represented by the 
Eastern, Western, and Southeastern Carriers' Conference Commit-
tees and certain of their employees represented by the Brotherhood 
of Locomotive Engineers, Brotherhood of Locomotive Firemen and 
Enginemen, Order of Raihvay Conductors and Brakemen, Brother-
hood of Railroad Trainmen, and the Switchmen's Union of North 
America, labor organizations, threatens essential transportation 
services of the Nation; and 
Whereas it is essential to the national interest, including the national 
health and defense, that essential transportation services be main-
tained; and 
Whereas all the procedures for resolving such dispute provided for 
in the Railway Labor Act have been exhausted and have not resulted 
in settlement of the dispute; and 
Whereas the Congress finds that emergency measures are essential to 
security and continuity of transportation services by such carriers; 
and 
Whereas it is desirable to achieve the above objectives in a manner 
which preserves and prefers solutions reached through collective 
bargaining; and 
Whereas, on August 2, 1963, the Secretary of Labor submitted to the 
carrier and organization representatives certain suggestions as a 
basis of negotiation for disposition of the fireman (helper) and 
crew consist issues in the dispute and thereupon through such nego-
tiations tentative agreement was reached with respect to portions 
of such suggestions; and 
Whereas, on August 16,1963, the carrier parties to the dispute accepted 
and the organization parties to the dispute accepted with certain 
reservations the Secretary of Labor's suggestion that the fireman 
(helper) and crew consist issues be resolved by binding arbitration 
but the said parties have been unable to agree upon the terms and 
procedures of an arbitration agreement: Therefore be it 
Resolved hy the Senate and. House of Representatives 
of the United 
States of America in Congress assembled^ That no carrier w^hich served 
the notices of November 2, 1959, and no labor organization which 
i-eceived such notices or served the labor organization notices of Sep-
tember 7, 1960, shall make any change except by agreement, or pur-
suant to an arbitration award as hereinafter provided, in rates of pay, 
rules, or working conditions encompassed by any of such notices, or 
engage in any strike or lockout over any dispute arising from any of 
such notices. Any action heretofore taken which would be prohibited 
by the foregoing sentence shall be forthwith rescinded and the status 
existing immediately prior to such action restored. 
SEC. 2. There is hereby established an arbitration board to consist of 
seven members. The representatives of the carrier and organization 
parties to the aforesaid dispute are hereby directed, respectively, with-
in five days after the enactment hereof each to name two persons to 
serve as members of such arbitration board. The four members thus 
chosen shall select three additional members. 
The seven members 
shall then elect a chairman. 
If the members chosen by the parties 
shall fail to name one or more of the additional three members within 
ten days, such additional members shall be named, by the President. 
If either party fails to name a member or members to the arbitration 
board within the five days provided, the President shall name such 
Railroads, 
settlement of dis-
putes. 
Arbitration 
board. 
77 STAT. ] 
PUBLIC LAW 88-108-AUG. 28, 1963 
133 
member or members in lieu of such party and shall also name the 
additional three members necessary to constitute a board of seven 
members, all within ten days after the date of enactment of this joint 
resolution. Notwithstanding any other provision of law, the National 
Mediation Board is authorized and directed: (1) to compensate the 
arbitrators not named by the parties at a rate not in excess of $100 for 
each day together with necessary travel and subsistence expenses, and 
(2) to provide such services and facilities as may be necessary and 
appropriate in carrying out the purposes of this joint resolution. 
SEC. 3. Promptly upon the completion of the naming of the arbitra-
tion board the Secretary of Labor shall furnish to the board and to 
the parties to the dispute copies of his statement to the parties of 
August 2, 1963, and the papers therewith submitted to the parties, 
together with memorandums and such other data as the board may 
request setting forth the matters with respect to which the parties 
were in tentative agreement and the extent of disagreement with 
respect to matters on which the parties were not in tentative agreement. 
The arbitration board shall make a decision, pursuant to the pro-
cedures hereinafter set forth, as to what disposition shall be made of 
those portions of the carriers' notices of November 2, 1959, identified 
as "Use of Firemen (Helpers) on Other Than Steam Power" and 
"Consist of Road and Yard Crews" and that portion of the organi-
zations' notices of September 7, 1960, identified as "Minimum Safe 
Crew Consist" and implementing proposals pertaining thereto. The 
arbitration board shall incorporate in such decision any matters on 
which it finds the parties were in agreement, shall resolve the matters 
(m which the parties were not in agreement, and shall, in making its 
award, give due consideration to those matters on which the parties 
were in tentative agreement. Such award shall be binding on both the 
carrier and organization parties to the dispute and shall constitute a 
complete and final disposition of the aforesaid issues covered by the 
decision of the board of arbitration. 
SEC. 4. To the extent not inconsistent with this joint resolution the 
arbitration shall be conducted pursuant to sections 7 and 8 of the Rail-
way Labor Act, the board's award shall be made and filed as provided 
44 stat. ssa-sss. 
in said sections and shall be subjexjt to section 9 of said Act. 
The ^^^^ ^^^ i^?, iss, 
United States District Court for the District of Columbia is hei'eby 
designated as the court in which the award is to be filed, and the 
arbitration board shall report to the National Mediation Board in 
the same manner as arbitration boards functioning pursuant to the 
Railway Labor Act. 
The award shall continue in force for such 
period as the arbitration board shall determine in its award, but not 
to exceed two years from the date the award takes effect, unless the 
parties agree otherwise. 
SEC. 5. The arbitration board shall begin its hearings thirty days 
Hearings. 
after the enactment of this joint resolution or on such earlier date 
as the parties to the dispute and the board may agree upon and shall 
make and file its award not later than ninety days after the enactment 
of this joint resolution: Provided, however, That said award shall not 
become effective until sixty days after the filing of the award. 
SEC. 6. The parties to the disputes arising from the aforesaid notices 
shall immediately resume collective bargaining with respect to all 
issues raised in the notices of November 2, 1959, and September 7, 
1960, not to be disposed of by arbitration under section 3 of this joint 
resolution and shall exert every reasonable effort to resolve such 
issues by agreement. 
The Secretary of Labor and the National Media-
tion Board are hereby directed to give all reasonable assistance to the 
parties and to engage in mediatory action directed tow^ard promoting 
such agreement. 
159. 
134 
PUBLIC LAW 88-109-AUG. 28, 1963 
[77 STAT. 
Expiration 
date. 
SEC. 7. (a) In making any award under this joint resolution the 
arbitration Doard established under section 2 shall give due con-
sideration to the effect of the proposed award upon adequate and 
safe transportation service to the public and upon the interests of 
the carrier and employees affected, giving due consideration to the 
narrowing of the areas of disagreement which has been accomplished 
in bargaining and mediation. 
(b) The obligations imposed by this joint resolution, upon suit by 
the Attorney General, shall be en forcible through such orders as may 
be necessary by any court- of the United States having jurisdiction of 
any of the parties. 
SEC. 8. This joint resolution shall expire one hundred and eighty 
days after the date of its enactment, except that it shall remain in 
effect with respect to the last sentence of section 4 for the period 
prescribed in that sentence. 
SEC. 9. If an^y provision of this joint resolution or the application 
thereof is held invalid, the remainder of this joint resolution and the 
application of such provision to other parties or in other circumstance^s 
not held invalid shall not be affected thereby. 
.Approved August 28, 1963. 
August 28, 1963 
[H. J. Res. 667] 
Public Law 88-109 
JOINT RESOLUTION 
Making continiiing appropriations for the 
fiscal 
year 1964, and for other purposes. 
Continuing 
appropriations, 
1964. 
Ante, p. 74. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That clause (c) of section 
102 of the joint resolution of June 29, 1963 (Public Law 88-55), is 
hereby amended by striking out "August 31, 1963" and inserting in 
lieu thereof "October 31,1963"'. 
Approved August 28, 1963. 
September 3, 1963 
[H. R. 6996] 
Public Law 88-110 
AN ACT 
To repeal section 262 of the Armed Forces Reserve Act, as amended, and to 
amend the Universal Military Training and Service Act, as amended, to revise 
and consolidate authority for deferment from, and exemption from liability 
for induction for, training and service for certain Reserve membership and 
participation, and to provide a special enlistment program, and for other 
purposes. 
Armed Forces. 
Enlistment pro-
grams. 
69 Stat. 600. 
69 Stat. 603. 
Be it enacted hy the Senate and House of Reyresentatives 
of the 
United States of America in Congress assembled^ That section 262 
of the Armed Forces Reserve Act of 1952, as amended (50 U.S.C. 
1013), is repealed. 
SEC. 2. Section 6(c)(2) of the Universal Military Training and 
Service Act, as amended (50 U.S.C. App. 456(c)(2)), is further 
amended to read as follows: 
"(A) Any person, other than a person referred to in subsection 
(d) hereof, who, prior to attaining the age of twenty-six years 
and prior to the issuance of orders for him to report for induction, 
enlists or accepts appointment in the Ready Reserve of any reserve 
component of the Armed Forces, the Army National Gt^ard, or 
the Air National Guard, shall be deferred from training and 
service under this Act so long as he serves satisfactorily as a