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EO 13586Executive OrderObama · D

Executive Order 13586

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 Certain Labor Organizations

President Obama established a five-member Emergency Board to investigate unresolved labor disputes between major freight railroads and their unions, triggered by a National Mediation Board finding that threatened strikes would disrupt interstate commerce. The board must report within 30 days, during which time both sides are barred from changing working conditions or striking.

Federal Register Open PDF 76 FR 63533

Impact dates

  1. Status quo freeze expires (30 days after report submission)

  2. Board report due to President

  3. Emergency Board established effective

Key directives

  • Establish Emergency Board effective 12:01 a.m. EDT October 7, 2011
  • Board composed of chair plus four members, all presidential appointees
  • Board members must have no financial or other interest in railroad employee organizations or carriers
  • Board to report to President within 30 days of creation
  • Maintain existing conditions during board's existence plus 30 days after report submission
  • Board records to be physically maintained by National Mediation Board after termination
  • Board terminates upon report submission

Who is ordered

Timeline

Immediate

  • Emergency Board established effective October 7, 2011 at 12:01 a.m. EDT
  • status quo freeze on working conditions takes effect
  • President appoints five board members

Near term (90d)

  • Board must submit report to President by November 6, 2011
  • 30-day post-report cooling-off period extends to approximately December 6, 2011
  • Board terminates automatically upon report submission

Long term

  • Potential for renewed negotiations or congressional action if disputes remain unresolved
  • Precedent for future RLA section 10 interventions

Risks & tensions

  • Uncertainty: exact calendar date of report submission depends on when board formally 'created' versus when established
  • Binding arbitration not imposed—parties may still reach impasse after cooling-off period expires
  • Congressional intervention possible if parties reject board recommendations
  • Economic disruption risk if freeze expires without settlement
Executive Order 13586: 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 Certain Labor Organizations · Executive Orders