Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Conductors Represented by the United Transportation Union

President Bush establishes a second emergency board under the Railway Labor Act to investigate an unresolved labor dispute between SEPTA and its conductors' union (UTU) after a first board's recommendations were rejected. The board must select the most reasonable final offer within 60 days of its creation, during which time neither party may change working conditions.

Federal Register Open PDF 69 FR 50047

Impact dates

Dec 8, 2004
Status quo period ends (60 days after report submission)
Oct 9, 2004
Board submits report to President with selected most reasonable offer
Sep 9, 2004
Parties submit final offers to Board

Key directives

Establish three-member emergency board effective August 10, 2004
Parties submit final offers within 30 days of board creation
Board submits report selecting most reasonable offer within 30 days of final offer submission
Parties maintain status quo for 60 days after report submission
Board records transferred to National Mediation Board upon termination

Timeline

Immediate

Board established effective August 10, 2004
30-day deadline for parties to submit final offers begins

Near term (90d)

Board must submit report selecting most reasonable offer (by approximately October 9, 2004)
60-day status quo period expires after report submission

Long term

Board terminates upon report submission
Records transferred to National Mediation Board

Risks & tensions

Binding effect unclear: Board only 'selects' most reasonable offer; no mandatory arbitration power specified
Previous board's recommendations already rejected, suggesting entrenched positions
Status quo requirement may delay resolution if both offers deemed unreasonable
Funding caveat ('subject to availability of funds') creates minor operational uncertainty