[Weekly Compilation of Presidential Documents Volume 40, Number 33 (Monday, August 16, 2004)]
[Pages 1518-1519]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13351--Establishing an Emergency Board To Investigate a 
Dispute Between the Southeastern Pennsylvania Transportation Authority 
and Its Conductors Represented by the United Transportation Union

August 9, 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'').
    A first emergency board to investigate and report on the dispute was 
established on April 12, 2004, by Executive Order 13334 of April 10, 
2004. The emergency board terminated upon issuance of its report. 
Subsequently, its recommendations were not accepted by the parties.
    A party empowered by the Act has requested that the President 
establish a second emergency board pursuant to section 9A of the Act (45 
U.S.C. 159a).
    Section 9A(e) of the Act provides that the President, upon such 
request, shall appoint a second 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 August 10, 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.

[[Page 1519]]

    Sec. 2. Report. Within 30 days after the creation of the Board, the 
parties to the dispute shall submit to the Board final offers for 
settlement of the dispute. Within 30 days after the submission of final 
offers for settlement of the dispute, the Board shall submit a report to 
the President setting forth its selection of the most reasonable offer.
    Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the 
Act, from the time a request to establish a second emergency board is 
made until 60 days after the Board submits its report to the President, 
the parties to the controversy shall make no change in the conditions 
out of which the dispute arose 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,
 August 9, 2004.

[Filed with the Office of the Federal Register, 8:45 a.m., August 11, 
2004]

Note: This Executive order was published in the Federal Register on 
August 12.