Executive Order 10948—Establishing a Commission to Inquire Into a Controversy Between Certain Carriers Represented by the New York Harbor Carriers' Conference Committee and Certain of Their Employees

By virtue of the authority vested in me by Title I of the General Government Matters Appropriation Act, 1961 (74 Stat. 473, 475), and as President of the United States, it is ordered as follows:

SECTION 1. There is hereby established a Presidential commission to consider a controversy between, and involving a certain proposal of, the carriers represented by the New York Harbor Carriers' Conference Committee and certain of their employees represented by Lighter Captains' Union, Local No. 996, International Longshoremen's Association, AFL-CIO. The commission shall consist of three members who shall be designated by the President as follows: one member who shall be a person nominated by the carriers, one member who shall be a person nominated by the employees, and the chairman who shall be designated without nomination.

SEC. 2. The commission is authorized and directed to investigate and inquire into the issue raised by the proposal of the carriers which is set forth in the mediation agreement, signed on April 11, 1961, by the parties involved in the controversy, with the objective of making a report to the President, including its Findings and recommendations with respect to the controversy, and assisting in achieving an amicable settlement and agreement with respect to the issue in dispute between the parties. In connection with its inquiry, the commission is authorized to hold such public hearings and to hear such witnesses as it may deem appropriate. It shall provide a full and fair hearing to the parties and shall otherwise endeavor to conform its proceedings and activities to the agreement upon the basis of which the controversy is submitted to the commission by the parties thereto.

SEC. 3. The commission shall be separate from the Presidential commission established by Executive Order No. 10891, but the two commissions are authorized and directed, under such arrangements as may be appropriate, to establish and maintain such procedures as may best promote economy and efficiency in their operations, including the utilization of staff and facilities.

SEC. 4. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the commission in its work and to furnish the commission with such information and assistance, not inconsistent with law, as it may require in the performance of its duties.

SEC. 5. The controversy referred to in sections 1 and 2 of this order is hereby found to constitute an emergency affecting the national interest within the meaning of the provisions appearing under the heading "Emergency Fund for the President—National Defense" in Title I of the General Government Matters Appropriation Act, 1961, 74 Stat. 473, 475, approved July 12, 1960. The expenditures of the commission may be paid out of an allotment made by the President from the appropriation made under the aforesaid heading "Emergency Fund for the President—National Defense"; and, to the extent permitted by law, from any corresponding or like appropriation made available for fiscal years subsequent to fiscal year 1961. Such payments may be made without regard to the provisions of (a) section 3681 of the Revised Statutes (31 U.S.C. 672), (b) section 9 of the act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 673), and (c) such other provisions of law as the President may hereafter specify. The members of the commission shall receive such expense allowances as the President shall hereafter fix. The chairman of the commission shall receive such compensation as the President shall hereafter specify, but no such compensation shall be payable with respect to any day or other period of service for which other compensation is payable by the United States.

SEC. 6. The commission shall make a final written report of its findings and recommendations as soon as practicable but no later than 30 days after the Presidential commission established by Executive Order No. 10929, March 24, 1961 (26 F.R. 2583), makes the final report described in section 6 of such order. The commission shall cease to exist 30 days after the rendition of its final report to the President.

SEC. 7. Funds may be allotted under section 5 of this order immediately, such funds to become available for obligation and expenditure on such date or dates as the President may specify, and nominations may immediately be submitted and designations of members made under section 1 of this order, but the provisions of this order shall otherwise become effective only when all members of the commission have been designated by the President.

JOHN F. KENNEDY

THE WHITE HOUSE,

June 12, 1961