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EO 14077Executive OrderBiden · D

Executive Order 14077

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 Certain Labor Organizations

President Biden established an Emergency Board under the Railway Labor Act to investigate unresolved labor disputes between major freight railroads and their unions. The three-member board was tasked with producing a report within 30 days to prevent a strike that would disrupt interstate commerce and essential transportation services.

Federal Register Open PDF 87 FR 43203

Impact dates

  1. Board must report to President (30 days after creation)

  2. Status quo period ends (30 days after report submission)

  3. Emergency Board established effective 12:01 a.m. EDT

Key directives

  • Establish Emergency Board effective 12:01 a.m. EDT July 18, 2022
  • Appoint chair and two members with no financial interest in railroads or unions
  • Investigate and report on disputes within 30 days of creation
  • Maintain status quo conditions during board's existence plus 30 days after report
  • Transfer records to National Mediation Board upon termination

Who is ordered

Timeline

Immediate

  • Emergency Board established effective July 18, 2022 at 12:01 a.m. EDT
  • President appoints chair and two board members
  • 30-day status quo period begins: no changes to working conditions without agreement

Near term (90d)

  • Board must report to President by August 17, 2022 (30 days after creation)
  • Status quo period extends 30 days after report submission
  • Board terminates automatically upon report submission

Long term

  • Potential for renewed negotiations or congressional intervention if parties reject recommendations
  • Precedent for future RLA emergency board procedures in rail labor disputes

Risks & tensions

  • Congressional intervention likely if parties do not accept board recommendations—RLA allows Congress to impose settlement
  • Vague on specific dispute issues (wages, scheduling, attendance policies) despite attached list not reproduced in text
  • Supply chain disruption risk during peak shipping season if status quo breaks down
  • Political pressure on administration to balance labor support with economic stability
Executive Order 14077: 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 Certain Labor Organizations · Executive Orders