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EO 14128Executive OrderBiden · D

Executive Order 14128

Establishing a Second Emergency Board To Investigate a Dispute Between New Jersey Transit Rail Operations and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen

President Biden established a second emergency board to investigate an unresolved labor dispute between New Jersey Transit Rail Operations and its locomotive engineers union (BLET) under the Railway Labor Act. The first emergency board's recommendations were rejected by the parties, triggering this second board which will select the most reasonable final offer from each side.

Federal Register Open PDF 89 FR 93145

Impact dates

  1. Status quo maintenance period ends (60 days after report submission)

  2. Board submits report to President selecting most reasonable offer

  3. Parties submit final offers to Board

  4. Board established effective

Key directives

  • Establish second emergency board effective November 22, 2024
  • President appoints chair and two neutral members
  • Parties submit final settlement offers within 30 days of Board creation
  • Board selects most reasonable offer and reports to President within 30 days of receiving final offers
  • Parties must maintain status quo conditions during Board period plus 60 days after report
  • Board records transferred to National Mediation Board upon termination

Who is ordered

Timeline

Immediate

  • Board established effective 12:01 a.m. EST November 22, 2024
  • President appoints chair and two members

Near term (90d)

  • Parties submit final offers within 30 days of Board creation (by December 22, 2024)
  • Board submits report selecting most reasonable offer within 30 days after final offers (by January 21, 2025)
  • Status quo maintenance period runs until 60 days after report submission

Long term

  • Potential for continued negotiation or further dispute resolution if parties reject second board's selection

Risks & tensions

  • Second board follows rejection of first board's recommendations, suggesting entrenched positions
  • Binding selection mechanism (most reasonable offer) may force compromise but could leave both parties dissatisfied
  • Status quo requirement prevents strike or lockout but extends uncertainty for commuters
  • Board effectiveness depends on Presidential appointments and funding availability
Executive Order 14128: Establishing a Second Emergency Board To Investigate a Dispute Between New Jersey Transit Rail Operations and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen · Executive Orders