[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 32 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 242
112th CONGRESS
  1st Session
S. J. RES. 32

To provide for the resolution of the outstanding issues in the current 
                   railway labor-management dispute.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2011

Mr. Enzi 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


 
To provide for the resolution of the outstanding issues in the current 
                   railway labor-management dispute.

Whereas the labor dispute between the carriers represented by the National 
        Carriers' Conference Committee of the National Railway Labor Conference 
        and certain of their employees represented by certain labor 
        organizations threatens essential transportation services of the United 
        States;
Whereas it is essential to the national interest, including the national health 
        and defense, that essential transportation services be maintained;
Whereas the President, pursuant to the provisions of section 10 of the Railway 
        Labor Act (45 U.S.C. 160), by Executive Order No. 13586 of October 6, 
        2011, created Presidential Emergency Board No. 243 to investigate the 
        dispute and report findings;
Whereas the recommendations of Presidential Emergency Board No. 243 issued on 
        November 5, 2011, have formed the basis for tentative agreements between 
        some, but not all, of the parties to the disputes;
Whereas the recommendations of Presidential Emergency Board No. 243 issued on 
        November 5, 2011, have not resulted in a settlement of all the disputes;
Whereas all of the procedures for resolving such dispute provided for in the 
        Railway Labor Act will be exhausted as of 12:01 ante meridiem of 
        December 6, 2011, at which time essential transportation services will 
        be subject to interruption;
Whereas it is desirable to resolve such disputes in a manner which encourages 
        solutions reached through collective bargaining;
Whereas Congress, under the Commerce Clause of the Constitution, has the 
        authority and responsibility to ensure the uninterrupted operation of 
        essential transportation services;
Whereas Congress finds that emergency measures are essential to the security and 
        continuity of transportation services by such carriers; 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, That consistent with the 
purposes of the Railway Labor Act to avoid any labor dispute that 
threatens substantially to interrupt interstate commerce to a degree 
such as to deprive any section of the country of essential 
transportation service--
            (1) the parties to the disputes that are the subject of 
        Executive Order No. 13586 of October 6, 2011, between the 
        carriers represented by the National Carriers' Conference 
        Committee of the National Railway Labor Conference and certain 
        of their employees represented by the labor organizations which 
        are party to such disputes shall take all necessary steps to 
        restore or preserve the conditions out of which such disputes 
        arose as such conditions existed prior to 12:01 ante meridiem 
        of December 6, 2011, except as otherwise provided in this joint 
        resolution, which status shall remain in effect through 
        December 31, 2014, and which status shall be subject to the 
        provisions of paragraph (2) of this section; and
            (2) the report and recommendations of the Presidential 
        Emergency Board No. 243, dated November 5, 2011, 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.), and shall be effective for the 
        period from January 1, 2010, through December 31, 2014, except 
        as provided in the report and recommendations of Presidential 
        Emergency Board No. 243 regarding the optional election by a 
        labor organization that is a party to this dispute of the 
        January 1, 2015, wage increase.
    Sec. 2.  Nothing in this joint resolution shall prevent any mutual 
written agreement by the parties to implement the terms and conditions 
established by this joint resolution, or prevent a mutual written 
agreement to any terms and conditions different from those established 
by this joint resolution.




                                                       Calendar No. 242

112th CONGRESS

  1st Session

                             S. J. RES. 32

_______________________________________________________________________

                            JOINT RESOLUTION

To provide for the resolution of the outstanding issues in the current 
                   railway labor-management dispute.

_______________________________________________________________________

                            December 1, 2011

            Read the second time and placed on the calendar