Page:United States Statutes at Large Volume 102 Part 2.djvu/613

 PUBLIC LAW 100-429—SEPT. 9, 1988

102 STAT. 1617

Public Law 100-429 100th Congress Joint Resolution To provide for a settlement of the labor-management dispute between the Chicago and North Western Transportation Company and the United Transportation Union.

Whereas the labor dispute between the Chicago and North Western Transportation Company, a common carrier by rail in interstate commerce, and certain of its employees represented by the United Transportation Union threatens to interrupt essential transportation services of the United States; Whereas it is essential to the national interest, particularly in health and defense, that essential transportation services be maintained; Whereas Congress finds that emergency measures are essential to maintaining the security and continuity of transportation services provided by the Chicago and North Western Transportation Company; Whereas the President, by Executive Order 12636 of April 20, 1988, and pursuant to the provisions of section 10 of the Railway Labor Act (45 U.S.C. 160), created Presidential Emergency Board 213 to investigate the dispute and report findings; Whereas the recommendations of the Emergency Board 213 issued on July 1, 1988, have not resulted in a settlement of the dispute; Whereas all the procedures provided under the Railway Labor Act for resolving the dispute have been exhausted and have not resulted in settlement of the dispute; Whereas Congress, under the Commerce Clause of the Constitution, has the authority and responsibility to ensure the uninterrupted operation of essential transportation services; and Whereas Congress has in the past enacted legislation for such purposes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Sept. 9, 1988 [S.J. Res. 374]

Railroads.

SECTION 1. CONDITIONS FOR RESOLVING DISPUTE.

The following conditions shall apply to the dispute referred to in Executive Order 12636 of April 20, 1988, between Chicago and North Western Transportation Company, a common carrier by rail in interstate commerce, and certain of its employees represented by the United Transportation Union: (1) The parties to such dispute shall take all necessary steps to restore or preserve the conditions out of which such dispute arose as such conditions existed before 12:01 a.m. on August 4, 1988, except as provided in paragraphs (2) and (3). (2) The report and recommendations of the Emergency Board 213 shall be binding on the parties upon the enactment of this joint resolution and shall have the same effect as though arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C. 151 et seq.), except that nothing in this joint resolution shall prevent a mutual written agreement to any

Contracts.

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