A joint resolution to provide for a settlement of the labor-management dispute between the Chicago and North Western Transportation Company and the United Transportation Union.
PL 100-429 (S.J.Res.374), enacted 09/09/1988

PUBLIC LAW 100-429—SEPT. 9, 1988 
102 STAT. 1617 
Public Law 100-429 
100th Congress 
Joint Resolution 
To provide for a settlement of the labor-management dispute between the Chicago 
and North Western Transportation Company and the United Transportation 
Union. 
Whereas the labor dispute between the Chicago and North Western 
Transportation Company, a common carrier by rail in interstate 
commerce, and certain of its employees represented by the United 
Transportation Union threatens to interrupt essential transpor-
tation services of the United States; 
Whereas it is essential to the national interest, particularly in 
health and defense, that essential transportation services be 
maintained; 
Whereas Congress finds that emergency measures are essential to 
maintaining the security and continuity of transportation services 
provided by the Chicago and North Western Transportation Com-
pany; 
Whereas the President, by Executive Order 12636 of April 20, 1988, 
and pursuant to the provisions of section 10 of the Railway Labor 
Act (45 U.S.C. 160), created Presidential Emergency Board 213 to 
investigate the dispute and report findings; 
Whereas the recommendations of the Emergency Board 213 issued 
on July 1, 1988, have not resulted in a settlement of the dispute; 
Whereas all the procedures provided under the Railway Labor Act 
for resolving the dispute have been exhausted and have not 
resulted in settlement of the dispute; 
Whereas Congress, under the Commerce Clause of the Constitution, 
has the authority and responsibility to ensure the uninterrupted 
operation of essential transportation services; 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 FOR RESOLVING DISPUTE. 
The following conditions shall apply to the dispute referred to in 
Executive Order 12636 of April 20, 1988, between Chicago and North 
Western Transportation Company, a common carrier by rail in 
interstate commerce, and certain of its employees represented by 
the United Transportation Union: 
(1) The parties to such dispute shall take all necessary steps to 
restore or preserve the conditions out of which such dispute 
arose as such conditions existed before 12:01 a.m. on August 4, 
1988, except as provided in paragraphs (2) and (3). 
(2) The report and recommendations of the Emergency Board 
213 shall be binding on the parties upon the enactment of this 
joint resolution and shall have the same effect as though ar-
rived at by agreement of the parties under the Railway Labor 
Act (45 U.S.C. 151 et seq.), except that nothing in this joint 
resolution shall prevent a mutual written agreement to any 
Sept. 9, 1988 
[S.J. Res. 374] 
Railroads. 
Contracts. 
102 STAT. 1618 
PUBLIC LAW 100-429—SEPT. 9, 1988 
terms and conditions different from those established by this 
joint resolution. 
SEC. 2. ARBITRATION. 
(a) UNRESOLVED ISSUES.—If there are any unresolved issues as to 
the initial implementation of the report and recommendations or 
agreement under section l(aX2) after 10 days after the date of the 
enactment of this joint resolution, on request of either party the 
parties to the dispute shall enter into binding arbitration to provide 
for a resolution of such issues. 
(b) APPOINTMENT OF ARBITRATION BOARD.—The National Medi-
ation Board established by section 4 of the Railway Labor Act (45 
U.S.C. 154), shall appoint an arbitration board composed of three 
neutral members experienced in the resolution of railroad disputes 
to resolve the issues described in subsection (a). 
(c) CONDUCT OF ARBITRATION BOARD.—Except as provided in this 
joint resolution, the arbitration required under this section shall be 
conducted in accordance with section 7 of the Railway Labor Act (45 
U.S.C. 157). 
td)-ENFORCEMENT AND REVIEW OF ARBITRATION AwARD.—The ar-
bitration award shall be enforceable and reviewable as if it were 
under section 9 of the Railway Labor Act (45 U.S.C. 159). 
Courts, U.S. 
(e) JURISDICTION FOR JUDICIAL REVIEW OF ARBITRATION AWARD.— 
Illinois. 
The United States District Court for the Northern District of Illi-
nois, Eastern Division, is designated as the court in which the award 
is' to be filed and reviewed. 
SEC. 3. TIME LIMIT FOR ARBITRATION. 
Not later than 30 days after the date of the enactment of this joint 
resolution, the binding arbitration entered into pursuant to subsec-
tion (a) shsdl be completed. 
Approved September 9,1988. 
LEGISLATIVE HISTORY—S.J. Res. 374: 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 8, considered and passed Senate. 
Sept. 9, considered and passed House.