Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations

President Obama established a three-member emergency board to investigate labor disputes between the Long Island Rail Road and its unionized employees under the Railway Labor Act. The board was required to report within 30 days, during which time neither party could change working conditions for 120 days.

Federal Register Open PDF 78 FR 70843

Impact dates

Mar 22, 2014
End of 120-day status quo period
Dec 22, 2013
Board report due to President
Nov 22, 2013
Emergency Board effective date

Key directives

Establish three-member Emergency Board effective November 22, 2013
Board members must have no financial or other interest in railroad employee organizations or carriers
Board shall report to President within 30 days of creation
No change in disputed conditions for 120 days from Board creation except by mutual agreement
Board records to be maintained by National Mediation Board upon termination
Board terminates upon report submission

Who is ordered

Timeline

Immediate

Emergency Board established effective 12:01 a.m. EST November 22, 2013
30-day investigation period begins
120-day status quo period begins

Near term (90d)

Board must submit report to President by December 22, 2013
Status quo conditions maintained through March 22, 2014

Long term

Board terminates upon report submission
Records transferred to National Mediation Board custody

Risks & tensions

Binding arbitration not imposed; 120-day cooling-off period may merely delay rather than resolve dispute
Dependent on voluntary agreement after board report; strike risk remains post-120 days if parties reject recommendations
Unclear whether 'availability of funds' qualifier could impede board operations