Executive Order 12384—Establishment of Emergency Board No. 196 To Investigate a Railroad Labor Dispute

Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and the Delaware Transportation Authority, and Certain Labor Organizations

A dispute exists between the Southeastern Pennsylvania Transportation Authority (SEPTA) and the Delaware Transportation Authority (DTA), and certain labor organizations, designated on the list attached hereto and made a part hereof, representing those employees of the Consolidated Rail Corporation (Conrail) who are to be transferred to the SEPTA and DTA as part of the transfer of commuter rail service responsibility from Conrail to the SEPTA and DTA, pursuant to Section 1145 of the Northeast Rail Service Act of 1981.

The dispute concerns the terms and conditions of new collective bargaining agreements, which were required to be negotiated by September 1, 1982, by Section 510(a) of the Rail Passenger Service Act, as amended ("the Act"). As of this date, the parties have not entered into new collective bargaining agreements, and the SEPTA, the Northeast Commuter Services Corporation, and the Brotherhood of Locomotive Engineers have requested the President to establish an emergency board pursuant to Section 510(b) of the Act.

Section 510(c) of the Act provides for the President, upon request of a party, to appoint an emergency board to investigate such dispute and to make a report and recommendation for settlement.

Now, Therefore, by the authority vested in me by Section 510 of the Rail Passenger Service Act, as amended (45 U.S.C. § 590), it is hereby ordered as follows:

1-101. Establishment of Board. There is established, effective October 1, 1982, a board of three members to be appointed by the President to investigate this dispute. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any commuter authority providing commuter rail service. The Board shall perform its functions subject to the availability of funds.

1-102. Public Hearing. The board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony.

1-103. Initial Report. The board shall report on the dispute within 30 days after the date of its creation.

1-104. Final Offers. If the parties have not settled the dispute within ten days after the board's report, the board shall require the parties to submit, within five days, their final offers for settlement of the dispute.

1-105. Final report. Within 15 days after the submission of final offers, the board shall submit a report to the President setting forth its selection of the most reasonable offer.

RONALD REAGAN

The White House,

October 1, 1982.

Pennsylvania/Delaware:

Labor Organizations

American Train Dispatchers Association

ARASA Division, Brotherhood of Railway and Airline Clerks

Brotherhood of Locomotive Engineers

Brotherhood of Maintenance of Way Employees

Brotherhood of Railway and Airline Clerks

Brotherhood Railway Carmen of the United States and Canada

Brotherhood of Railroad Signalmen

International Association of Machinists and Aerospace Workers

International Brotherhood of Boilermakers and Blacksmiths

International Brotherhood of Electrical Workers

International Brotherhood of Firemen and Oilers

Railroad Yardmasters of America

Sheet Metal Workers International Association

Transport Worker's Union of America

United Transportation Union

[Filed with the Office of the Federal Register, 9:34 a.m., October 4, 1982 ]