total decline that occurred in the Nation's worst postwar recession. It would drive the unemployment rate up to 15 percentfor the first time since 1940-putting millions of workers out of jobs. During hearings on the railroad work rules dispute in 1963, the committee received testimony from the Acting Secretary of Commerce concerning the impact on the Nation of a nationwide railroad strike. His testimony pointed out at that time that the injury to the economy would begin on the first day of the strike, and would increase in seri ousness. The following two tables were submitted as a part of that testimony, showing the industries that would be affected by a rail shutdown in 1963. It is unlikely that the situation has changed materially since that time. TABLE I.-Impact of rail shutdown by industries heavily affected (Coal. Segments of the economy affected Coal exports. Rayon manufacture. Several chemical industries. At the beginning of shutdown. Refrigerator car traffic. Beginning 1 week after shutdown and cumulating quickly.... 2 weeks after shutdown___ 3 weeks after shutdown.. Large part of animals for slaughter. Movement of grains and sugarbeets being harvested. (Commuter and long distance rail passenger service. Auto manufacture. Construction. Chemicals. Periodicals (especially weeklies). Large transformers. 1 month after shutdown-----Mattresses and bedding. NOTE. At end of 1 month, additional unemployment is estimated at over 6,500,000 persons. Total unemployment is estimated at 15 percent or more. TABLE II.-Alternate transportation capacity available to handle rail freight traffic [Billions of ton-miles per year] Increase obtained from approval of emergency air and surface operating rights (ICC and CAB) also Increased utilization of private air and surface equipment. PROVISIONS OF THE LEGISLATION Section 10 of the Railway Labor Act provides that were the National Mediation Board determines that a dispute threatens substantially to interrupt essential transportation services to any section of the country, the National Mediation Board shall so certify to the President who may then establish an emergency board to report to him within 30 days concerning the dispute. During the period the board is considering the dispute and for 30 days after it submits its report to the President, the parties to the dispute are prohibited from making any changes except by agreement in the conditions out of which the dispute arose. As applied to the present dispute, this period expires at midnight on April 12 and the carriers are then free to make the changes in the work rules which they have proposed, and the unions are free to engage in a strike over the matters concerning which they have filed notices with the carriers. This joint resolution extends the final 30-day period involved in section 10 for an additional 20 days (until May 3, 1967). This additional period of time established with respect to the current dispute is analogous to the 80-day period prescribed in the Labor Management Relations Act of 1947 as amended. Section 10 of the Railway Labor Act currently provides for suspending the right to strike for a total of 60 days 30 days for the Board to consider and report to the President on the dispute and 30 days thereafter. This further 20-day extension makes an 80-day period applicable to the current dispute. PROVISIONS OF LAW REFERRED TO For the information of the Members of the House, the provisions of law referred to in the joint resolution are set forth below: SECTION 10 OF THE RAILWAY LABOR ACT (45 U.S.C. 160) EMERGENCY BOARD SEC. 10. If a dispute between a carrier and its employees be not adjusted under the foregoing provisions of this Act and should, in the judgment of the Mediation Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the Mediation Board shall notify the President, who may thereupon, in his discretion, create a board to investigate and report respecting such dispute. Such board shall be composed of such number of persons as to the President may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise interested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the President within thirty days from the date of its creation. There is hereby authorized to be appropriated such sums as may be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actually incurred for subsistence, of the members After the creation of such board and for thirty days after REPORT OF EMERGENCY BOARD No. 169 For the information of the Members of the House, the report to the President of Emergency Board No. 169 is attached. B-5 Public Law 90-10 90th Congress S. J. Res. 65 April 12, 1967 Joint Resolution To extend the period for making no change of conditions under section 10 of the Railway Labor Act applicable in the current dispute between the railroad carriers represented by the National Railway Labor Conference and certain of their employees. Whereas disputes exist between the carriers represented by the National Railway Labor Conference and certain of their employees represented by the International Association of Machinists and Aerospace Workers; International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers; Sheet Metal Workers International Association; International Brotherhood of Electrical Workers; Brotherhood of Railway Carmen of America; International Brotherhood of Firemen and Oilers functioning through the Railway Employees' Department, AFL-CIO, labor organizations; and Whereas the President of the United States, pursuant to the provisions 81 STAT. 12 of section 10 of the Railway Labor Act, by Executive Order No. 44 Stat. 586. 11324 of January 28, 1967, created an Emergency Board to investi- 45 USC 160. gate these disputes and report its findings; and Whereas the Emergency Board has reported and the statutory period for making no change of conditions, as extended by agreement of the parties, is about to expire, without the parties having resolved the issues in dispute, thereby continuing to threaten substantially to interrupt interstate commerce to a degree such as to deprive the country of essential transportation services; and Whereas it is essential to the national interest, including the national Whereas the Congress finds that an emergency measure is essential to Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the final paragraph of section 10 of the Railway Labor Act (45 U.S.C. 160) shall be extended for an additional period with respect to the disputes referred to in Executive Order No. 11324 of January 28, 32 F. R. 1075. Railroadlabor negotiations, ex tension. 81 STAT. 12 1967, so that no change, except by agreement, shall be made by the carriers represented by the National Railway Labor Conference, or by their employees, in the conditions out of which such disputes arose prior to 12:01 a.m. of May 3, 1967. Approved April 12, 1967. LEGISLATIVE HISTORY: HOUSE REPORT No. 182 accompanying H. J. Res. 493 (Comm. on SENATE REPORT No. 161 (Comm. on Labor & Public Welfare). Apr. 11: Considered and passed Senate; considered and passed House in lieu of H. J. Res. 493. |