Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by the Brotherhood of Maintenance of Way Employes Disputes exist between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference, including Consolidated Rail Corporation (including the Clearfield Cluster), Burlington Northern Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Co., Atchison, Topeka and Santa Fe Railway Co., Union Pacific Railroad, Chicago & North Western Railway Co., Kansas City Southern Railway Co., and their employees represented by the Brotherhood of Maintenance of Way Employes. The railroads involved in these disputes are designated on the attached list, which is made a part of this order.

President Clinton established a three-member Emergency Board to investigate unresolved labor disputes between numerous railroads and the Brotherhood of Maintenance of Way Employes under the Railway Labor Act. The Board must report within 30 days, during which time neither party may change existing working conditions. The Board terminates automatically upon submitting its report.

Federal Register Open PDF 61 FR 25131

Key directives

Establish 3-member Emergency Board effective May 15, 1996

Board members must have no financial or other interest in railroad employee organizations or railroad carriers

Board to investigate all disputes raised in mediation

Board to report to President within 30 days of creation

Maintain existing conditions for 30 days after Board reports; no changes except by agreement

Board records to be maintained by National Mediation Board after termination

Board terminates upon submission of report

Timeline

Immediate

Emergency Board established effective May 15, 1996
Status quo maintenance period begins (no changes to working conditions allowed)

Near term (90d)

Board must report to President by June 14, 1996 (30 days)
Status quo period extends 30 days after report submission
Board terminates upon report submission

Long term

Potential for renewed negotiations or self-help after cooling-off period ends
Precedent for future rail labor dispute interventions

Risks & tensions

Temporary injunction against strikes/lockouts may simply delay rather than resolve underlying contract disputes

Vague 'availability of funds' condition for Board operations creates minor execution risk

Large number of railroads involved suggests systemic pattern in maintenance-of-way labor disputes; settlement could set broad industry precedent

Status quo freeze may strain parties if extended negotiations fail