Volume 81 · 123
Public Law 90–54
To provide for the settlement of the labor dispute between certain carriers by railroad and certain of their employees.
Approved July 17, 1967
Statutory text
JOINT RESOLUTION
To provide for the settlement of the labor dispute between certain carriers by railroad and certain of their employees.
Whereas the labor dispute between the carriers represented by the National Railway Labor Conference and certain of their employees represented by the International Association of Machinists and Aerospace Workers: International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers; Sheet Metal Workers’ International Association; International Brotherhood of Electrical Workers; Brotherhood of Railway Carmen of America; International Brotherhood of Firemen and Oilers functioning through the Railway Employees’ Department, AFL-CIO, labor organizations, threatens essential transportation services of the Nation; and
Whereas Emergency Board Numbered 169 (created by Executive Order 11324, January 28, 1967, 32 F.R. 1075) has made its report; and
Whereas, under procedures for resolving such dispute provided for in the Railway Labor Act as extended and implemented by Public Law 90–10 of April 12, 1967, as amended the parties have not succeeded completely in resolving all of their differences through the processes of free collective bargaining; and
Ante, p. 12.
Whereas related disputes have been settled by private collective bargaining between the carriers and other organizations representing approximately three-quarters of their employees, so that the present dispute represents a barrier to the completion of this round of bargaining in this industry; and
Whereas a Special Mediation Panel appointed by the President upon enactment of Public Law 90–10 proposed settlement terms to assist the parties in implementation of the collective bargaining envisaged in the recommendations of Emergency Board Numbered 169; and
Whereas it is desirable to provide procedures for the orderly culmination of this collective bargaining process; and
Whereas the national interest, including the national health and defense, requires that transportation services essential to interstate commerce be maintained; and
Whereas the Congress finds that an emergency measure is essential to security and continuity of transportation services by such carriers : Therefore be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That there is hereby established a Special Board for the purpose of assisting the parties in the completion of their collective bargaining and the resolution of the remaining issues in dispute. The Special Board shall consist of five
Special Board, presidential appointment of members.
members to be named by the President. The National Mediation Board is authorized and directed (1) to compensate the members of the Board at a rate not in excess of $100 per each day together with necessary travel and subsistence expenses, and (2) to provide such services and facilities as may be necessary and appropriate in carrying out the purposes of this resolution. For the purpose of any hearing conducted by the Special Board, it shall have the authority conferred by the provisions of sections 9 and 10 (relating to the attendance and examination of witnesses and the production of books, papers, and documents) of the Federal Trade Commission Act of September 26, 1914, as amended (15 U.S.C. 49, 50).
Sec. 2.
The Special Board shall attempt by mediation to bring about a resolution of this dispute and thereby to complete the collective bargaining process.
Sec. 3.
If agreement has not been reached within thirty days after
Hearings.
the enactment of this resolution, the Special Board shall hold hearings on the proposal made by the Special Mediation Panel, in its report to the President of April 22, 1967, in implementation of the collective bargaining contemplated in the recommendation of Emergency Board Numbered 169, to determine whether the proposal (1) is in the public interest, (2) is a fair and equitable settlement within the limits of the collective bargaining and mediation efforts in this case, (3) protects the collective bargaining process, and (4) fulfills the purposes of the Railway Labor Act. At such hearings the parties shall be accorded
a full opportunity to present their positions concerning the proposal of the Special Mediation Panel.
Sec. 4.
The Special Board shall make its determination by vote of
Determination by majority vote within 60 days.
of the majority of the members on or before the sixtieth day after the enactment of this resolution, and shall incorporate the proposal of the Special Mediation Panel with such modifications, if any, as the Board finds to be necessary to (1) be in the public interest, (2) achieve a fair and equitable settlement within the limits of the collective bargaining and mediation efforts in this case, (3) protect the collective bargaining process, and (4) fulfill the purposes of the Railway Labor Act. The determination shall be promptly transmitted by the Board
Report to President and Congress.
to the President and to the Congress.
Sec. 5.
If agreement has not been reached by the parties upon
Effective period of determination.
the expiration of the period specified in section 6, the determination of the Special Board shall take effect and shall continue in effect until the parties reach agreement or, if agreement is not reached, until such time, not to exceed two years from January 1, 1967, as the Board shall determine to be appropriate. The Board’s determination shall have the same effect (including the preclusion of resort to either strike or lockout) as though arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C. 151 et seq.).
In the event of disagreement as to the meaning of any part or all of a determination by the Special Board, or as to the terms of the detailed agreements or arrangements necessary to give effect thereto, any party may within the effective period of the determination apply to the Board for clarification of its determination, whereupon the Board shall reconvene and shall promptly issue a further determination with respect to the matters raised by any application for clarification. Such further determination may, in the discretion of the Board, be made with or without a further hearing.
The United States District Court for the District of Columbia shall have exclusive jurisdiction of all suits concerning the determination of the Special Board.
Sec. 6.
The provisions of the final paragraph of section 10 of the Railway Labor Act (45 U.S.C. 160), as heretofore extended by law, shall be hereby reinstated and extended until 12:01 o’clock ante-meridian of the ninety-first day after enactment of this resolution with respect to the dispute referred to in Executive Order 11324,
32 F. R. 1075.
January 28, 1967.
Approved July 17, 1967, 9:30 p. m.