Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations

President Obama established a three-member emergency board to investigate labor disputes between New Jersey Transit Rail and certain employee unions under the Railway Labor Act. The board must report within 30 days of creation, and both parties are prohibited from changing working conditions for 120 days from the board's creation.

Federal Register Open PDF 80 FR 43003

Impact dates

Nov 13, 2015
120-day status quo period expires
Aug 15, 2015
Board report due to President
Jul 16, 2015
Emergency Board effective date

Key directives

Establish three-member Emergency Board effective July 16, 2015
Board members must have no financial or other interest in employee organizations or carriers
Board to investigate and report on disputes within 30 days of creation
Parties prohibited from changing conditions for 120 days from board creation
Board records to be maintained by National Mediation Board upon termination
Board terminates upon report submission

Who is ordered

President · Executive Office of the President

Timeline

Immediate

Emergency Board established effective July 16, 2015 at 12:01 a.m. EDT
30-day investigation period begins
120-day status quo period begins

Near term (90d)

Board must submit report to President by August 15, 2015
Board terminates upon report submission

Long term

120-day cooling-off period expires November 13, 2015
Potential for renewed negotiations or self-help after cooling-off period

Risks & tensions

Standard RLA procedure: delays but does not resolve underlying contract disputes
Potential for strike or lockout after 120-day cooling-off period if parties remain deadlocked
NJ Transit rail service disruption would affect major Northeast Corridor commuter traffic
Board effectiveness constrained by 'subject to availability of funds' clause