Executive Order 12664 -- Establishment of Emergency Board No. 218 To Investigate a Railroad Labor Dispute


January 6, 1989


Establishing an Emergency Board To Investigate a Dispute Between the Port Authority Trans-Hudson Corporation and Certain of Its Employees Represented by the Brotherhood of Locomotive Engineers


A dispute exists between the Port Authority Trans-Hudson Corporation and certain of its employees represented by the Brotherhood of Locomotive Engineers.


The dispute has not heretofore been completely adjusted under the provisions of the Railway Labor Act, as amended (the ``Act'').


A party empowered by the Act has requested that the President establish an emergency board pursuant to Section 9A of the Act (45 U.S.C. section 159a).


Section 9A(e) of the Act provides that the President, upon such a request, shall appoint a second emergency board to investigate and report on the dispute.


Now, Therefore, by the authority vested in me by Section 9A of the Act, it is hereby ordered as follows:


Section 1. Establishment of Board. There is established, effective January 7, 1989, a board of three members to be appointed by the President to investigate this dispute. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The board shall perform its functions subject to the availability of funds.


Sec. 2. Report. Within 30 days after creation of the board, the parties to the dispute shall submit to the board final offers for settlement of the dispute. Within 30 days after submission of final offers for settlement of the dispute, the board shall submit a report to the President setting forth its selection of the most reasonable offer.


Sec. 3. Maintaining Conditions. As provided by Section 9A(h) of the Act, from the time a request to establish a board is made until 60 days after the board makes its report, no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose.


Sec. 4. Expiration. The board shall terminate upon the submission of the report provided for in Section 2 of this Order.


Ronald Reagan


The White House,


January 6, 1989.


[Filed with the Office of the Federal Register, 11 a.m., January 9, 1989]