[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 379 Introduced in House (IH)]

103d CONGRESS
  2d Session
H. J. RES. 379

 To provide for a settlement of the railroad labor-management disputes 
between the Long Island Rail Road Company and certain of its employees 
            represented by the United Transportation Union.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1994

     Mr. Ackerman (for himself, Mr. King, Mr. Lazio, Mr. Levy, Mr. 
  Hochbrueckner, Mr. Rangel, Ms. Molinari, Mr. Towns, Mr. Paxon, Mr. 
  Serrano, Mr. Fish, Ms. Velazquez, Mr. Houghton, Mrs. Lowey, and Mr. 
Schumer) introduced the following joint resolution; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                            JOINT RESOLUTION


 
 To provide for a settlement of the railroad labor-management disputes 
between the Long Island Rail Road Company and certain of its employees 
            represented by the United Transportation Union.

    Whereas the labor disputes between the Long Island Rail Road 
            Company and certain of its employees represented by the 
            United Transportation Union threaten essential 
            transportation services;
    Whereas the President, pursuant to the provisions of section 9A of 
            the Railway Labor Act (45 U.S.C. 159a), by Executive Order 
            No. 12874 of October 20, 1993, created Presidential 
            Emergency Board No. 223 to investigate the disputes and 
            report findings;
    Whereas the President, pursuant to the provisions of section 9A of 
            the Railway Labor Act (45 U.S.C. 159a), by Executive Order 
            No. 12899 of February 15, 1994, created Presidential 
            Emergency Board No. 224 to investigate the disputes and 
            report findings;
    Whereas all the procedures provided under the Railway Labor Act 
            have been exhausted and have not resulted in settlement of 
            all the disputes;
    Whereas Congress, under the Commerce Clause of the Constitution, 
            has the authority to ensure the uninterrupted operation of 
            essential transportation services;
    Whereas the Congress finds that emergency measures are essential to 
            continuity of transportation services by such railroad; and
    Whereas Congress has in the past enacted legislation for such 
            purposes: Now, therefore, be it

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONDITIONS DURING RESOLUTION OF DISPUTES.

    The following conditions shall apply to the disputes referred to in 
Executive Order No. 12899 of February 15, 1994, between the Long Island 
Rail Road Company and the employees of such railroad represented by the 
labor organization which is party to such disputes:
            (1) The parties to such disputes shall take all necessary 
        steps to restore or preserve the conditions out of which such 
        disputes arose as such conditions existed before 12:01 a.m. on 
        June 16, 1994, except as otherwise provided in this joint 
        resolution.
            (2) Section 9A(h) of the Railway Labor Act (45 U.S.C. 
        159a(h)) shall apply and be extended for an additional period 
        with respect to the disputes referred to in Executive Order No. 
        12899 of February 15, 1994, so that no change shall be made 
        before the expiration of 28 days after the date of enactment of 
        this resolution by such parties, in the conditions out of which 
        such dispute arose as such conditions existed before 12:01 a.m. 
        on June 16, 1994.

SEC. 2. APPOINTMENT OF SPECIAL BOARD.

    A Special Board shall be appointed as follows:
            (1) The management party to the disputes shall recommend 1 
        member of the Special Board within 48 hours after the date of 
        enactment of this resolution.
            (2) The labor organization which is party to the disputes 
        shall recommend 1 member of the Special Board within 48 hours 
        after the date of enactment of this resolution.
            (3) The members recommended under paragraphs (1) and (2) 
        shall jointly recommend a third member of the Special Board 
        within 48 hours after such members have been recommended under 
        paragraphs (1) and (2).
The President shall, within 48 hours after recommendations are made 
under paragraphs (1) through (3), appoint a 3-member Special Board, 
taking into account the recommendations made under paragraphs (1) 
through (3). The compensation of the members of the Special Board shall 
be fixed by the National Mediation Board. The second paragraph of 
section 10 of the Railway Labor Act shall apply to the expenses of the 
Special Board appointed under this subsection as if such Special Board 
were a board created under such section 10.

SEC. 3. RESOLUTION OF ISSUES IN DISAGREEMENT.

    The Special Board shall act as mediators for a period of 28 days 
after the date of enactment of this joint resolution to resolve all 
issues outstanding between the parties as of 12:01 a.m. on June 16, 
1994. If at the end of such 28-day period the parties have not reached 
agreement on all issues, the Special Board shall issue its 
determination on the remaining issues in dispute. Such determination 
shall be binding on the parties and shall have the same effect as 
though arrived at by agreement of the parties under the Railway Labor 
Act (45 U.S.C. 151 et seq.). There shall be no judicial review of any 
report or determination of the Special Board under this section.

SEC. 4. MUTUAL AGREEMENTS PRESERVED.

    Nothing in this joint resolution shall prevent a mutual written 
agreement to any terms and conditions different from those established 
by this joint resolution.

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