President Donald J. Trump issued an executive order establishing an emergency board to investigate unresolved labor disputes between the Long Island Rail Road (LIRR) and several labor unions.
The order, based on the Railway Labor Act, mandates a 30-day investigation, with a 120-day freeze on any changes to the conditions of the dispute.
This action aims to prevent potential service disruptions due to labor unrest.
Arguments For
Intended benefit: Impartial investigation of the labor disputes to prevent potential service disruptions.
Evidence cited: The Railway Labor Act (RLA), section 9A, provides the legal basis for establishing emergency boards to investigate and report on such disputes.
Implementation method: Appointment of an emergency board composed of three unbiased members to investigate and report within 30 days. The RLA mandates this action upon request of involved parties.
Legal/historical basis: The RLA's provisions have a long history of use to resolve labor disputes in the railroad industry, preventing strikes and ensuring continued service.
Arguments Against
Potential impacts: The 120-day status quo mandated during the investigation could delay resolution of labor issues if the board's findings are unsatisfactory to one or both sides.
Implementation challenges: Finding three individuals who meet the non-interested party criteria and who can dedicate their time within the 30-day timeframe could be difficult.
Alternative approaches: Negotiations between the parties could have potentially resolved the issues without presidential intervention, though they apparently failed to do so.
Unintended effects: The report's recommendations may not be fully accepted by all parties, leading to continued disagreement and the potential for future work stoppages.
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 the Transportation Communications Union, the Brotherhood of Locomotive Engineers and Trainmen, the Brotherhood of Railroad Signalmen, the International Association of Machinists and Aerospace Workers, and the International Brotherhood of Electrical Workers.
Several labor unions representing Long Island Rail Road employees are in dispute with the company.
These unions include the Transportation Communications Union, Brotherhood of Locomotive Engineers and Trainmen, Brotherhood of Railroad Signalmen, International Association of Machinists and Aerospace Workers, and International Brotherhood of Electrical Workers.
The disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151-188 (RLA).
Attempts to resolve these disputes through the standard procedures outlined in the Railway Labor Act (RLA) have been unsuccessful.
Parties empowered by the RLA have requested that the President establish an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a).
Parties involved in the dispute, as authorized by the RLA, petitioned the President to form an emergency board to help resolve the conflict.
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.
The Railway Labor Act requires the President to form such a board to investigate and provide a report when formally requested by involved parties.
NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 9A of the RLA, it is hereby ordered:
Section 1. Establishment of Emergency Board (Board). There is established, effective 12:01 a.m. eastern daylight time on September 18, 2025, a Board composed of a chair and two other members, all of whom shall be appointed by the President to investigate and report on these disputes. 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. The Board shall report to the President with respect to the disputes within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA, for 120 days from the date of the creation of the Board, no change in the conditions out of which the disputes arose shall be made by the parties to the controversy, 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 provided for in section 2 of this order.
Sec. 6. Costs of Publication. The costs for publication of this order shall be borne by the Department of Transportation.
This section details the presidential order creating a three-member emergency board to investigate the disputes.
The board must submit a report to the President within 30 days.
For 120 days following its formation, the existing conditions of the dispute must remain unchanged, except by mutual agreement.
All records of the board will be preserved under the National Mediation Board's care.
The board dissolves after issuing its report.
The Department of Transportation will cover the cost of publishing the order.
DONALD J. TRUMP
THE WHITE HOUSE,
September 16, 2025.
This is the signature and date of the order.