[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 31 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 241
112th CONGRESS
  1st Session
S. J. RES. 31

  Applying certain conditions to the dispute referred to in Executive 
  Order 13586 of October 6, 2011, between the enumerated freight rail 
 carriers, common carriers by rail in interstate commerce, and certain 
  of their employees represented by labor organizations that have not 
agreed to extend the cooling-off period under section 10 of the Railway 
            Labor Act beyond 12:01 a.m. on December 6, 2011.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2011

Mr. Reid introduced the following joint resolution; which was read the 
                               first time

                            December 1, 2011

            Read the second time and placed on the calendar

_______________________________________________________________________

                            JOINT RESOLUTION


 
  Applying certain conditions to the dispute referred to in Executive 
  Order 13586 of October 6, 2011, between the enumerated freight rail 
 carriers, common carriers by rail in interstate commerce, and certain 
  of their employees represented by labor organizations that have not 
agreed to extend the cooling-off period under section 10 of the Railway 
            Labor Act beyond 12:01 a.m. on December 6, 2011.

Whereas the labor dispute between numerous rail carriers that are common 
        carriers by rail in interstate commerce, and certain of their employees 
        represented by labor organizations, threatens to interrupt essential 
        freight rail services of the United States;
Whereas it is essential to the national interest that essential freight rail 
        services be maintained;
Whereas Congress finds that emergency measures are essential to maintaining the 
        security and continuity of freight rail services;
Whereas the President, by Executive Order 13586 of October 6, 2011, and pursuant 
        to the provisions of section 10 of the Railway Labor Act (45 U.S.C. 
        160), created Presidential Emergency Board 243 to investigate the 
        dispute and report findings;
Whereas the recommendations of the Emergency Board 243 issued on November 5, 
        2011, have been exhausted and have not resulted in settlement of the 
        dispute;
Whereas Congress, under the Commerce Clause of the Constitution, has the 
        authority and responsibility to ensure the uninterrupted operation of 
        essential freight rail services; 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. REQUIRED CONDITIONS.

    The following conditions shall apply to the dispute referred to in 
Executive Order 13586 of October 6, 2011, between the enumerated 
freight rail carriers, common carriers by rail in interstate commerce, 
and certain of their employees represented by labor organizations that 
have not agreed to extend the cooling-off period under section 10 of 
the Railway Labor Act (45 U.S.C. 160) beyond 12:01 a.m. on December 6, 
2011:
            (1) The parties to such dispute shall take all necessary 
        steps to restore or preserve the conditions out of which such 
        dispute arose as such conditions existed before 12:01 a.m. on 
        December 6, 2011, except as provided in paragraphs (2) and (3).
            (2) The report and recommendations of the Emergency Board 
        243 shall be binding on the parties upon the enactment of this 
        joint resolution 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.), except that nothing in this joint 
        resolution shall prevent a mutual written agreement to any 
        terms and conditions different from those established by this 
        joint resolution.
            (3)(A) If there are unresolved implementing issues 
        remaining with respect to the report and recommendations or 
        agreement under paragraph (2) after 10 days after the date of 
        enactment of this joint resolution, the parties to the dispute 
        shall enter into binding arbitration to provide for a 
        resolution of such issues.
            (B) The National Mediation Board established by section 4 
        of the Railway Labor Act (45 U.S.C. 154) shall appoint an 
        arbitrator to resolve the issues described in subparagraph (A). 
        Except as provided in this joint resolution, such arbitration 
        shall be conducted as if it were under section 7 of such Act, 
        and any award of such arbitration shall be enforceable as if 
        under section 9 of such Act.
            (4) Within thirty days after the date of enactment of this 
        joint resolution, the binding arbitration entered into pursuant 
        to paragraph (3) shall be completed.




                                                       Calendar No. 241

112th CONGRESS

  1st Session

                             S. J. RES. 31

_______________________________________________________________________

                            JOINT RESOLUTION

  Applying certain conditions to the dispute referred to in Executive 
  Order 13586 of October 6, 2011, between the enumerated freight rail 
 carriers, common carriers by rail in interstate commerce, and certain 
  of their employees represented by labor organizations that have not 
agreed to extend the cooling-off period under section 10 of the Railway 
            Labor Act beyond 12:01 a.m. on December 6, 2011.

_______________________________________________________________________

                            December 1, 2011

            Read the second time and placed on the calendar