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EO 13711Executive OrderObama · D

Executive Order 13711

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

This executive order establishes a second presidential emergency board under the Railway Labor Act to investigate unresolved labor disputes between New Jersey Transit Rail and its unionized employees. The three-member board will receive final settlement offers from both parties and recommend which offer is most reasonable, while maintaining a 60-day cooling-off period preventing strikes or lockouts.

Federal Register Open PDF 80 FR 71923

Impact dates

  1. 60-day cooling-off period after report submission during which no changes to conditions allowed

  2. Board must submit report to President with selected most reasonable offer

  3. Parties must submit final offers for settlement

Key directives

  • Establish three-member emergency board effective November 13, 2015
  • Parties submit final offers within 30 days of Board creation
  • Board submits report selecting most reasonable offer within 30 days of receiving offers
  • Maintain status quo conditions for 60 days after report submission
  • Transfer Board records to National Mediation Board upon termination

Timeline

Immediate

  • Board established effective 12:01 a.m. EST November 13, 2015
  • Cooling-off period begins (no changes to working conditions allowed)

Near term (90d)

  • Parties must submit final offers within 30 days of Board creation (by December 13, 2015)
  • Board must submit report to President within 30 days of receiving final offers (by January 12, 2016)
  • 60-day cooling-off period runs from request until 60 days after report submission

Long term

  • Potential resolution pattern for railway labor disputes if parties accept recommendation
  • Board terminates upon report submission

Risks & tensions

  • Second emergency board indicates first board's recommendations failed—persistent deadlock risk remains
  • Binding effect unclear: RLA Section 9A does not compel parties to accept recommendation, only selects 'most reasonable' offer
  • Cooling-off period timing depends on when report is submitted, creating variable end date
  • Status quo maintenance may strain either party's position if extended
Executive Order 13711: Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations · Executive Orders