Executive Order 12385

by President of the United States

A dispute exists between New Jersey Transit Rail Operations, Inc. (NJTRO), and certain labor organizations, designated on the list attached hereto and made a part hereof, representing those employees of the Consolidated Rail Corporation (Conrail) who are to be transferred to the NJTRO as part of the transfer of commuter rail service responsibility from Conrail to the NJTRO, pursuant to Section 1145 of the Northeast Rail Service Act of 1981.

The dispute concerns the terms and conditions of new collective bargaining agreements, which were required to be negotiated by September 1, 1982, by Section 510(a) of the Rail Passenger Service Act, as amended ("the Act"). As of this date, the parties have not entered into new collective bargaining agreements, and the NJTRO and the Brotherhood of Locomotive Engineers have requested the President to establish an emergency board pursuant to Section 510(b) of the Act.

Section 510(e) of the Act provides for the President, upon request of a party, to appoint an emergency board to investigate such dispute and to make a report and recommendation for settlement.

Now, Therefore, by the authority vested in me by Section 510 of the Rail Passenger Service Act, as amended (45 U.S.C. 590), it is hereby ordered as follows:

1-101. Establishment of Board. There is established, effective October 1, 1982, a board of three members to be appointed by the President to investigate this dispute. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any commuter authority providing commuter rail service. The Board shall perform its functions subject to the availability of funds.

1-102. Public Hearing. The board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony.

1-103. Initial Report. The board shall report on the dispute within 30 days after the date of its creation.

1-104. Final Offers. If the parties have not settled the dispute within ten days after the board's report, the board shall require the parties to submit, within five days, their final offers for settlement of the dispute.

1-105. Final report. Within 15 days after the submission of final offers, the board shall submit a report to the President setting forth its selection of the most reasonable offer.

RONALD REAGAN
The White House,
October 1, 1982.

[Filed with the Office of the Federal Register, 9:35 a.m., October 4, 1982]

Annex

New Jersey:
Labor Organizations
American Train Dispatchers Association
ARASA Division, Brotherhood of Railway and Airline Clerks
Brotherhood of Locomotive Engineers
Brotherhood of Maintenance of Way Employees
Brotherhood of Railway and Airline Clerks
Brotherhood of Railway Carmen of the United States and Canada
Brotherhood of Railroad Signalmen
International Association of Machinists and Aerospace Workers
International Brotherhood of Boilermakers and Blacksmiths

International Brotherhood of Electrical Workers
International Brotherhood of Firemen and Oilers
International Brotherhood of Teamsters
Railroad Yardmasters of America
Sheet Metal Workers International Association
Transport Workers Union of America
United Transportation Union