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EO 13027Executive OrderClinton · D

Executive Order 13027

Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Employees Represented by the Brotherhood of Locomotive Engineers

President Clinton established a three-member emergency board under the Railway Labor Act to investigate a labor dispute between the Southeastern Pennsylvania Transportation Authority (SEPTA) and its locomotive engineers represented by the Brotherhood of Locomotive Engineers. The board must select the most reasonable final offer from the parties within 60 days of its creation, during which time neither party may change working conditions without agreement.

Federal Register Open PDF 61 FR 58971

Impact dates

  1. Status quo conditions lock ends (60 days after report)

  2. Board submits report to President selecting most reasonable offer

  3. Parties submit final offers to board

  4. Board established effective

Key directives

  • Establish three-member emergency board effective November 16, 1996
  • Parties submit final offers within 30 days of board creation
  • Board select most reasonable offer and report to President within 30 days after final offers
  • Maintain status quo conditions from request date through 60 days after report
  • Transfer records to National Mediation Board upon termination

Timeline

Immediate

  • Board established effective November 16, 1996 at 12:01 a.m. EST
  • President to appoint three board members
  • Status quo conditions locked in (no changes permitted from request date through 60 days after report)

Near term (90d)

  • Parties submit final offers within 30 days of board creation (by December 16, 1996)
  • Board submits report selecting most reasonable offer within 30 days after final offers (by January 15, 1997)
  • Board terminates upon report submission

Long term

  • Precedent for Railway Labor Act emergency board procedure in transit labor disputes
  • Records maintained by National Mediation Board after termination

Risks & tensions

  • Binding selection of 'most reasonable offer' may leave both parties dissatisfied; no mediation or compromise authority
  • Board effectiveness contingent on presidential appointment speed (members not yet named at signing)
  • 'Subject to availability of funds' creates execution risk if appropriations lapse
  • Vague whether 30-day final offer deadline runs from November 16 or actual appointment date
Executive Order 13027: Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Employees Represented by the Brotherhood of Locomotive Engineers · Executive Orders