Executive Order 13700-Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations
Issued 2015-07-15 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
In July 2015, President Obama created a temporary three-person emergency board to investigate labor disputes between New Jersey Transit Rail and certain of its employees represented by labor unions. The Railway Labor Act, a federal law governing labor relations in the railroad and airline industries, allows the President to establish such a board when requested by one of the parties and previous attempts to resolve the dispute have failed. The board members could not have any financial or other interests in either the employee unions or the railroad company.
The board was given 30 days to investigate the disputes and report its findings to the President. During the 120 days following the board's creation, neither New Jersey Transit Rail nor the employee unions could change the working conditions that led to the disputes unless both sides agreed to changes. This cooling-off period is designed to maintain the status quo while the investigation takes place.
This action primarily affected New Jersey Transit Rail workers represented by the labor organizations involved in the disputes, as well as the railroad company itself. The temporary board dissolved automatically after submitting its report. The order was based on specific provisions of the Railway Labor Act that direct the President to create such emergency boards when the conditions are met.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13700 ("Executive Order 13700-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 13700—Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations July 15, 2015 Disputes exist between 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 party empowered by the RLA has requested that the President establish an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a). Section 9A(c) of the RLA provides that the President, upon such request, shall appoint an emergency board to investigate and report on the disputes. 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 Emergency Board (Board) . There is established, effective 12:01 a.m. eastern daylight time on July 16, 2015, a Board of three mem