Establishing an Emergency Board To Investigate Disputes Between Amtrak and its Employees Represented by the Brotherhood of Maintenance of Way Employes

Impact dates

1. Date TBD

   30-day post-report cooling-off period expires

2. Sep 20, 1997

   Board must report to President

3. Aug 21, 1997

   Emergency Board established

Key directives

• Establish three-member Emergency Board effective August 21, 1997
• Board members appointed by President with no financial or other interest in railroad employee organizations or carriers
• Board to perform functions subject to availability of funds
• Board to report to President within 30 days of creation
• Parties prohibited from changing disputed conditions from Board creation through 30 days after report submission, except by agreement
• Board records to be maintained by National Mediation Board after termination
• Board terminates upon report submission

Timeline

Risks & tensions

• Funding contingency ('subject to availability of funds') creates operational uncertainty if appropriations are delayed
• Board termination upon report submission may leave parties without ongoing federal mediation support during subsequent negotiations
• Vague scope: EO does not specify which substantive disputes are covered beyond general reference to disputes 'between Amtrak and its employees'
• Cooling-off period end date is indeterminate since it depends on report submission date, which could occur before the 30-day maximum