Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by the Brotherhood of Maintenance of Way Employes Disputes exist between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference, including Consolidated Rail Corporation (including the Clearfield Cluster), Burlington Northern Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Co., Atchison, Topeka and Santa Fe Railway Co., Union Pacific Railroad, Chicago & North Western Railway Co., Kansas City Southern Railway Co., and their employees represented by the Brotherhood of Maintenance of Way Employes. The railroads involved in these disputes are designated on the attached list, which is made a part of this order.

The disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.) (the “Act”).

In the judgment of the National Mediation Board, these disputes threaten substantially to interrupt interstate commerce to a degree that would deprive a section of the country of essential transportation service.

NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States, including section 10 of the Act (45 U.S.C. 160), it is hereby ordered as follows:

Sec. 1Establishment of Emergency Board (“Board”)#

There is established effective May 15, 1996, a Board of three members to be appointed by the President to investigate any and all of the disputes raised in mediation. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any railroad carrier. The Board shall perform its functions subject to the availability of funds.

Sec. 2Report#

The Board shall report to the President with respect to the dispute within 30 days of its creation.

Sec. 3Maintaining Conditions#

As provided by section 10 of the Act, from the date of the creation of the Board and for 30 days after the Board has made its report to the President, no change, except by agreement of the parties shall be made by the railroads or the employees in the conditions out of which the disputes arose.

Sec. 4Records Maintenance#

The records and files of the Board are records of the Office of the President and upon the Board’s termination shall be maintained in the physical custody of the National Mediation Board.

Sec. 5Expiration#

The Board shall terminate upon the submission of the report provided for in sections 2 and 3 of this order.