Executive Order 13663-Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations
Issued 2014-03-20 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order establishes a special investigative board to help resolve ongoing labor disputes between the Long Island Rail Road Company and certain groups of its employees represented by labor unions. These disputes had not been settled under the normal process outlined in the Railway Labor Act. A first emergency board had already been created in November 2013 to investigate and make recommendations, but after that board issued its report, the parties did not accept its recommendations. Following a request from one of the parties, the President created this second emergency board as required by the Railway Labor Act.
The board consists of three members appointed by the President who cannot have financial or other interests in railroad labor organizations or railroad companies. Within 30 days of the board's creation, both sides in the dispute must submit their final settlement offers. The board then has another 30 days to review these offers and report to the President selecting which offer it finds most reasonable.
During the entire process—from the time the second board is requested until 60 days after it submits its report—neither side can change the existing working conditions that led to the dispute, unless both parties agree to changes. This cooling-off period is designed to maintain stability while the board investigates. The board's work ends once it submits its report, and its records become part of the presidential records maintained by the National Mediation Board.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13663 ("Executive Order 13663-Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company 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, 2014 Executive Order 13663—Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations March 20, 2014 Disputes exist between the Long Island Rail Road Company 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 heretofore have not 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 the disputes was established on November 22, 2013, by Executive Order 13654 of November 21, 2013. 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, The