Establishing a Second Emergency Board to Investigate Disputes Between the Long Island Rail Road Company and Certain of its Employees Represented by Certain Labor Organizations
This Presidential Action establishes a second emergency board, effective January 16, 2026, to investigate ongoing and unresolved labor disputes between the Long Island Rail Road Company and five specific labor organizations, pursuant to Section 9A of the Railway Labor Act (RLA).
The order mandates that the parties submit final settlement offers within 30 days of the Board's creation, after which the Board must select the most reasonable offer.
Furthermore, it requires all parties to maintain existing employment conditions until 60 days following the Board's report submission to the President.
Arguments For
Establishing a second emergency board provides an additional, statutorily mandated mechanism under Section 9A of the Railway Labor Act (RLA) to resolve intractable labor disputes that threaten interstate commerce, preventing a potential rail strike or lockout.
The order ensures continuity of rail service by mandating that neither the carrier nor the unions can unilaterally change working conditions for a defined period (until 60 days after the Board submits its report), thereby maintaining the status quo during the investigation phase.
By requiring the final selection between the parties' final offers by the Board, the process forces both sides toward a final, binding resolution mandated by the RLA, which is designed to protect national transportation interests.
Arguments Against
Mandating a second emergency board, especially one operating under the final offer selection process (9A), can be viewed as government overreach into private collective bargaining, potentially leading to an imposed settlement that neither party fully embraces.
The tight deadlines imposed by the RLA structure (30 days for final offers, 30 days for the Board's report) might not allow sufficient time for in-depth investigation or for parties to fully negotiate outside the formal governmental framework.
The initial emergency board's recommendations were already rejected; forcing another governmental review might only delay necessary concessions or lead to stakeholder frustration if the resulting decision mirrors prior unresolved recommendations.
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.
Unresolved labor disagreements exist between the Long Island Rail Road Company and employees represented by five specific unions: 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).
An emergency board to investigate and report on these disputes was established on September 18, 2025, by Executive Order 14349 of September 16, 2025 (Establishing an Emergency Board to Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations). That emergency board terminated upon submission of its report to the President. Subsequently, its recommendations were not accepted by all of 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 President by the Constitution and the laws of the United States, including section 9A of the RLA, it is hereby ordered:
These disputes could not be settled under the normal procedures of the Railway Labor Act (RLA).
A first emergency board investigated the matters in September 2025, but its recommendations were not fully accepted by both sides.
Because a party requested further action under Section 9A of the RLA, the President is required to establish a second emergency board to address the issues using the authority granted by the Constitution and the RLA.
Section 1. Establishment of a Second Emergency Board (Board). There is established, effective 12:01 a.m. eastern standard time on January 16, 2026, 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.
This section officially creates the Second Emergency Board (Board) starting January 16, 2026.
The President will appoint three members: one chair and two other members.
These members cannot have any financial or personal ties to the railroad or the labor organizations involved.
The Board's operations depend on available funding.
Sec. 2. Report. As provided by section 9A(f) of the RLA, within 30 days after the creation of the Board, the parties to the disputes shall submit to the Board final offers for settlement of the disputes. As provided by section 9A(g) of the RLA, within 30 days after the submission of final offers for settlement of the disputes, the Board shall submit a report to the President setting forth the Board’s selection of the most reasonable offer.
This section outlines the deadline structure for dispute resolution under RLA Section 9A. Within 30 days of the Board's formation, both the railroad and the unions must present their final, comprehensive proposals for settling the dispute.
Following the submission of these final offers, the Board has another 30 days to study them and report back to the President, identifying which offer it deems the most reasonable.
Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the RLA, from the time a request to establish the Board is made until 60 days after the Board submits its report to the President, the parties to the controversy shall make no change in the conditions out of which the disputes arose except by agreement of the parties.
This mandates maintaining the status quo regarding employment terms.
Starting from when the request for this Board was made until 60 days after the Board delivers its final report to the President, neither the railroad nor the unions can alter existing working conditions unless they jointly agree to such a change.
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.
The official documents and files generated by this emergency Board are classified as records of the Office of the President.
Once the Board concludes its work, the National Mediation Board will take physical custody of these records.
Sec. 5. Expiration. The Board shall terminate upon the submission of the report to the President provided for in section 2 of this order.
The Second Emergency Board automatically ceases to exist the moment it submits its required selection report to the President, as outlined 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.
The expenses associated with officially publishing this Presidential Order will be paid for by the Department of Transportation.
DONALD J. TRUMP
THE WHITE HOUSE,
January 14, 2026.
This concluding section presents the signature of President Donald J. Trump and indicates that the order was issued from The White House on January 14, 2026.