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Executive Order 14128Executive Order

Establishing a Second Emergency Board To Investigate a Dispute Between New Jersey Transit Rail Operations and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen

Joseph R. Biden
Signed: Nov 21, 2024
Published: Nov 26, 2024
Standard Summary
Comprehensive overview

This executive order establishes a second Emergency Board under the Railway Labor Act (RLA) to investigate and report on a labor dispute between New Jersey Transit Rail Operations and its Locomotive Engineers represented by the Brotherhood of Locomotive Engineers and Trainmen (BLE&T). Building on a prior Emergency Board that was created in July 2024 but whose recommendations were not accepted, the President appoints a three-member board (one chair and two associates) to hear the dispute. The board will operate independently and its records will be kept by the National Mediation Board (NMB). The process requires the parties to submit final settlement offers within 30 days of the board’s creation, after which the board will select the most reasonable offer and report its finding to the President within another 30 days. The order also imposes a 60-day no-change period on working conditions unless the parties agree otherwise, and the board terminates after delivering its report. The move reflects continued federal involvement in rail labor relations under the RLA to avoid disruption of service. It creates a structured, time-limited mechanism to determine a settlement that best resolves the dispute, while preserving the status quo during the process.

Key Points

  • 1Establishment and independence of the Second Emergency Board: A three-member board (chair plus two members) appointed by the President, with no financial or other conflicts of interest with railroad employees or carriers; funded as available.
  • 2Timeline and settlement mechanism: Within 30 days of the board’s creation, the parties must submit final offers for settlement; within 30 days after those offers are submitted, the board must report to the President choosing the most reasonable offer.
  • 3Maintaining Conditions: From the request to establish the board until 60 days after the board submits its report, the parties may not change the conditions out of which the dispute arose unless they agree.
  • 4Records handling: The board’s records become records of the President and, after termination, will be kept by the National Mediation Board.
  • 5Expiration/termination: The board ends once it submits its report to the President under section 2 of the order; the effective date is 12:01 a.m. Eastern Standard Time on November 22, 2024.
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