[Weekly Compilation of Presidential Documents Volume 40, Number 16 (Monday, April 19, 2004)]
[Pages 570-571]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13334--Establishing an Emergency Board To Investigate a
Dispute Between the Southeastern Pennsylvania Transportation Authority
and Its Conductors Represented by the United Transportation Union
April 10, 2004
A dispute exists between the Southeastern Pennsylvania
Transportation Authority, and its conductors represented by the United
Transportation Union.
The dispute has not heretofore been adjusted under the provisions of
the Railway Labor Act, as amended, 45 U.S.C. 151-188 (the ``Act'').
[[Page 571]]
A party empowered by the Act has requested that the President
establish an emergency board pursuant to section 9A of the Act (45
U.S.C. 159a).
Section 9A(c) of the Act provides that the President, upon such
request, shall appoint an emergency board to investigate and report on
the dispute.
Now, Therefore, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the Act, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (``Board''). There is
established, effective April 12, 2004, a Board of three members to be
appointed by the President to investigate and report on this dispute. No
member shall be pecuniarily or otherwise interested in any organization
of railroad employees or any carrier. The Board shall perform its
functions subject to the availability of funds.
Sec. 2. Report. The Board shall report to the President with respect
to this dispute within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the
Act, from the date of the creation of the Board and for 120 days
thereafter, no change in the conditions out of which the dispute arose
shall be made by the parties to the controversy, except by agreement of
the parties.
Sec. 4. Records Maintenance. The records and files of the Board are
records of the Office of the President and upon the Board's termination
shall be maintained in the physical custody of the National Mediation
Board.
Sec. 5. Expiration. The Board shall terminate upon the submission of
the report provided for in section 2 of this order.
George W. Bush
The White House,
April 10, 2004.
[Filed with the Office of the Federal Register, 9:10 a.m., April 13,
2004]
Note: This Executive order was published in the Federal Register on
April 14.