[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 100 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. J. RES. 100
_______________________________________________________________________
JOINT RESOLUTION
To provide for a resolution with respect to the unresolved disputes
between certain railroads represented by the National Carriers'
Conference Committee of the National Railway Labor Conference and
certain of their employees.
Whereas the unresolved labor 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 threaten essential
transportation services of the United States;
Whereas it is in 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. 14077 of July 15,
2022, created Presidential Emergency Board No. 250 to investigate the
disputes and report findings;
Whereas the recommendations of Presidential Emergency Board No. 250 issued on
August 16, 2022, formed the basis for tentative agreements between all
of the parties to the disputes;
Whereas some, but not all, of the tentative agreements have been ratified by the
union memberships in final resolution of certain of the disputes between
the parties;
Whereas unresolved disputes remain between the parties whose tentative
agreements were not ratified by the union memberships;
Whereas the recommendations of Presidential Emergency Board No. 250 issued on
August 16, 2022, have not resulted in a final resolution of all the
disputes;
Whereas all the procedures provided under the Railway Labor Act (45 U.S.C. 151
et seq.), and further procedures agreed to by the parties, have been
exhausted and have not resulted in a final resolution of all the
disputes;
Whereas it is desirable that all such disputes be resolved 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 national
security and continuity of transportation services by such railroads;
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 FOR RESOLVING DISPUTES.
(a) In General.--Consistent with the purposes of the Railway Labor
Act (45 U.S.C. 151 et seq.) 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,
the most recent tentative agreements, side letters, and local carrier
agreements entered into by the covered parties that have not been
ratified before the date of enactment of this joint resolution
(including tentative agreements, side letters, and local carrier
agreements that have failed ratification) shall be binding on such
covered parties to such unresolved disputes, and shall have the same
effect as though arrived at by agreement of such covered parties under
the Railway Labor Act (45 U.S.C. 151 et seq.).
(b) Covered Parties.--In this section, the term ``covered parties''
means the parties to the unresolved disputes subject to Presidential
Emergency Board No. 250, established pursuant to Executive Order 14077
of July 15, 2022 (87 Fed. Reg. 43203; relating to 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) and the provisions of section 10 of the
Railway Labor Act (45 U.S.C. 160).
SEC. 2. MUTUAL AGREEMENT.
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.
Passed the House of Representatives November 30, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. J. RES. 100
_______________________________________________________________________
JOINT RESOLUTION
To provide for a resolution with respect to the unresolved disputes
between certain railroads represented by the National Carriers'
Conference Committee of the National Railway Labor Conference and
certain of their employees.