[Congressional Record Volume 157, Number 182 (Wednesday, November 30, 2011)]
[Senate]
[Page S8072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S.J. Res. 31. A 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; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
joint resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 31

       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.

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