Executive Order 13711-Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations
Issued 2015-11-12 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama established a second emergency board to investigate unresolved labor disputes between New Jersey Transit Rail and certain employee labor organizations. The Railway Labor Act allows the President to create such a board when requested by one of the parties after initial efforts fail. In this case, a first emergency board had been created in July 2015 and issued recommendations, but the parties did not accept them, leading to the request for this second board.
The board consists of three members appointed by the President who cannot have financial or other interests in either the railroad or employee organizations. Within 30 days of the board's creation, both sides must submit their final settlement offers. The board then has another 30 days to review these offers and select the most reasonable one to recommend to the President.
During the period from when the second board was requested until 60 days after it submits its report, the parties cannot change the conditions that led to the dispute unless they reach their own agreement. This affects New Jersey Transit Rail workers represented by the labor organizations involved in these disputes. The board operates under the Railway Labor Act and terminates once it submits its report.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13711 ("Executive Order 13711-Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations") restructures or establishes federal entities. The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.
The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).
Official Summary
Administration of Barack Obama, 2015 Executive Order 13711—Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations November 12, 2015 Disputes exist between the New Jersey Transit Rail and certain of its employees represented by certain labor organizations. The labor organizations involved in these disputes are designated on the attached list, which is made part of this order. The disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA). A first emergency board to investigate and report on these disputes was established on July 16, 2015, by Executive Order 13700 of July 15, 2015. The emergency board terminated upon issuance of its report. 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 disputes. Now, Therefore, by the authority vested in me as Presiden