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

Executive Order 14128 of November 21, 2024

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

A dispute exists between the New Jersey Transit Rail
Operations and its Locomotive Engineers represented by
the Brotherhood of Locomotive Engineers and Trainmen.

The dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended, 45
U.S.C. 151-188 (RLA).

An emergency board to investigate and report on the
dispute was established on July 25, 2024, by Executive
Order 14125 of July 24, 2024 (Establishing an 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). That emergency board terminated upon
submission of its report to the President.
Subsequently, its recommendations were not accepted by
the parties.

A party empowered by the RLA has requested that the
President establish a second emergency board pursuant
to section 9A of the RLA (45 U.S.C. 159a).

Section 9A(e) of the RLA provides that the President,
upon such request, shall appoint a second emergency
board to investigate and report on the dispute.

NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States, including section 9A of the RLA, it is
hereby ordered as follows:

Section 1. Establishment of a Second Emergency Board
(Board). There is established, effective 12:01 a.m.
eastern standard time on November 22, 2024, a Board
composed of a chair and two other members, all of whom
shall be appointed by the President to investigate and
report on the dispute. No member shall be pecuniarily
or otherwise interested in any organization of railroad
employees or any carrier. The Board shall perform its
functions subject to the availability of funds.

Sec. 2. Report. As provided by section 9A(f) of the
RLA, within 30 days after the creation of the Board,
the parties to the dispute shall submit to the Board
final offers for settlement of the dispute. As provided
by section 9A(g) of the RLA, within 30 days after the
submission of final offers for settlement of the
dispute, the Board shall submit a report to the
President setting forth the Board's selection of the
most reasonable offer.

Sec. 3. Maintaining Conditions. As provided by section
9A(h) of the RLA, from the time the request to
establish the Board is made until 60 days after the
Board submits its report to the President, the parties
to the controversy shall make no change in the
conditions out of which the dispute arose except by
agreement of the parties.

Sec. 4. Records Maintenance. The records and files of
the Board are records of the Office of the President
and upon the Board's termination shall be maintained in
the physical custody of the National Mediation Board.

Sec. 5. Expiration. The Board shall terminate upon the
submission of the report to the President provided for
in section 2 of this order.

THE WHITE HOUSE,

November 21, 2024.