Executive Order 12085—Emergency Board To Investigate a Railway Labor Dispute

CREATING AN EMERGENCY BOARD To INVESTIGATE A DISPUTE BETWEEN THE NORFOLK AND

WESTERN RAILWAY COMPANY AND CERTAIN OF ITS EMPLOYEES

A dispute exists between the Norfolk and Western Railway Company and certain of its employees represented by the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, a labor organization;

This dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and

This dispute, in the judgment of the National Mediation Board, threatens substantially to interrupt interstate commerce to a degree such as to deprive a section of the country of essential transportation service:

Now, THEREFORE, by the authority vested in me by Section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), it is hereby ordered as follows:

1-101. Establishment of Board. There is established a board of three members to be appointed by the President to investigate this dispute. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.

1-102. Report. The board shall report its finding to the President with respect to the dispute within 30 days from the date of this Order.

1-103. Maintaining Conditions. As provided by Section 10 of the Railway Labor Act, as amended, from this date and for 30 days after the board has made its report to the President, no change, except by agreement, shall be made by the Norfolk and Western Railway Company, or by its employees, in the conditions out of which the dispute arose.

JIMMY CARTER

The White House,

September 28, 1978.

[Filed with the Office of the Federal Register, 5 p.m., September 28, 1978]