[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 100 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 570
117th CONGRESS
  2d Session
H. J. RES. 100


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 30 (legislative day, November 29), 2022

                     Received; read the first time

                           November 30, 2022

            Read the second time and placed on the calendar

_______________________________________________________________________

                            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:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.




                                                       Calendar No. 570

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.

_______________________________________________________________________

            November 30 (legislative day, November 29), 2022

                     Received; read the first time

                           November 30, 2022

            Read the second time and placed on the calendar