IIA
Calendar No. 241
112th CONGRESS
1st Session
S. J. RES. 31
IN THE SENATE OF THE UNITED STATES
November 30, 2011
Mr. Reid introduced the following joint resolution; which was read the first time
December 1, 2011
Read the second time and placed on the calendar
JOINT RESOLUTION
Applying certain conditions to the dispute referred to in Executive Order 13586 of October 6, 2011, between the enumerated freight rail carriers, common carriers by rail in interstate commerce, and certain of their employees represented by labor organizations that have not agreed to extend the cooling-off period under section 10 of the Railway Labor Act beyond 12:01 a.m. on December 6, 2011.
Whereas the labor dispute between numerous rail carriers that are common carriers by rail in interstate commerce, and certain of their employees represented by labor organizations, threatens to interrupt essential freight rail services of the United States;
Whereas it is essential to the national interest that essential freight rail services be maintained;
Whereas Congress finds that emergency measures are essential to maintaining the security and continuity of freight rail services;
Whereas the President, by Executive Order 13586 of October 6, 2011, and pursuant to the provisions of section 10 of the Railway Labor Act (45 U.S.C. 160), created Presidential Emergency Board 243 to investigate the dispute and report findings;
Whereas the recommendations of the Emergency Board 243 issued on November 5, 2011, have been exhausted and have not resulted in settlement of the dispute;
Whereas Congress, under the Commerce Clause of the Constitution, has the authority and responsibility to ensure the uninterrupted operation of essential freight rail services; and
Whereas Congress has in the past enacted legislation for such purposes: Now, therefore, be it
Required conditions
The following conditions shall apply to the dispute referred to in Executive Order 13586 of October 6, 2011, between the enumerated freight rail carriers, common carriers by rail in interstate commerce, and certain of their employees represented by labor organizations that have not agreed to extend the cooling-off period under section 10 of the Railway Labor Act (45 U.S.C. 160) beyond 12:01 a.m. on December 6, 2011:
The parties to such dispute shall take all necessary steps to restore or preserve the conditions out of which such dispute arose as such conditions existed before 12:01 a.m. on December 6, 2011, except as provided in paragraphs (2) and (3).
The report and recommendations of the Emergency Board 243 shall be binding on the parties upon the enactment of this joint resolution and shall have the same effect as though arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C. 151 et seq.), except that nothing in this joint resolution shall prevent a mutual written agreement to any terms and conditions different from those established by this joint resolution.
If there are unresolved implementing issues remaining with respect to the report and recommendations or agreement under paragraph (2) after 10 days after the date of enactment of this joint resolution, the parties to the dispute shall enter into binding arbitration to provide for a resolution of such issues.
The National Mediation Board established by section 4 of the Railway Labor Act (45 U.S.C. 154) shall appoint an arbitrator to resolve the issues described in subparagraph (A). Except as provided in this joint resolution, such arbitration shall be conducted as if it were under section 7 of such Act, and any award of such arbitration shall be enforceable as if under section 9 of such Act.
Within thirty days after the date of enactment of this joint resolution, the binding arbitration entered into pursuant to paragraph (3) shall be completed.
December 1, 2011
Read the second time and placed on the calendar