Establishing an Emergency Board To Investigate Disputes Between Metro-North Railroad and Certain of Its Employees Represented by Certain Labor Organizations

This executive order creates a three-member emergency board to investigate unresolved labor disputes between Metro-North Railroad and seven labor unions under the Railway Labor Act. The board must report within 30 days, and both parties are barred from changing working conditions for 120 days from the board's creation.

Federal Register Open PDF 71 FR 71459

Impact dates

Apr 6, 2007
120-day status quo period on working conditions ends
Jan 6, 2007
Board report to President due
Dec 7, 2006
Emergency board established effective 12:01 a.m. EST

Key directives

Establish 3-member emergency board effective December 7, 2006
Board members must have no financial or other interest in railroad employee organizations or carriers
Board must report to President within 30 days of creation
Parties prohibited from changing disputed conditions for 120 days from board creation
Board records are Office of the President records; physical custody goes to National Mediation Board after termination
Board terminates upon report submission

Who is ordered

President · Executive Office of the President

Timeline

Immediate

Emergency board established effective 12:01 a.m. EST December 7, 2006
120-day status quo period begins on working conditions

Near term (90d)

Board must report to President by January 6, 2007
120-day status quo period ends April 6, 2007

Long term

Board terminates upon report submission
Records transferred to National Mediation Board custody

Risks & tensions

Standard RLA procedure but tight 30-day reporting timeline may limit thorough investigation
Status quo lockout for 120 days may strain labor relations if negotiations stall
Board effectiveness subject to funding availability (text notes 'subject to the availability of funds')
Potential commuter disruption risk if parties reject board recommendations and proceed to self-help after 120 days