Executive Order 14077 · Signed Jul 15, 2022

87 FR 43203 · Published Jul 20, 2022 · Effective on signing

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Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations

railroad laborlabor disputestransportationcollective bargainingemergency board

Signed by President Joseph R. Biden Jr.

Establishes a three-member Emergency Board to investigate unresolved labor disputes between major U.S. freight railroads and their employees, temporarily freezing working conditions while the board conducts its review.

Creates a mandatory cooling-off period under the Railway Labor Act, requiring railroads and unions to maintain current conditions for 30 days after the board reports — preventing a strike or lockout during that window.

What this order does

What it orders

The order establishes an Emergency Board, effective July 18, 2022, composed of a presidentially appointed chair and two members, to investigate and report on labor disputes between railroads represented by the National Carriers' Conference Committee and their employees represented by certain labor organizations. The board is directed to submit a report to the President within 30 days of its creation, after which it terminates. Board records become records of the Office of the President and are to be held in the physical custody of the National Mediation Board.

The order also imposes a status-quo freeze on both parties: from the board's creation through 30 days after it submits its report, no changes to the conditions underlying the disputes may be made except by mutual agreement. The board has no authority to impose a settlement; it investigates and reports only, leaving any resolution to the parties or subsequent action.

Who it affects

Freight railroads represented by the National Carriers' Conference Committee, the labor organizations representing their employees (listed in the attached exhibit), and the workers covered by those collective bargaining relationships — including train crews and other rail workers whose contracts are in dispute.

Why it matters

A railroad strike could interrupt interstate freight and passenger movement across large parts of the country. The emergency board and status-quo freeze buy up to roughly 60 days for mediated resolution before labor action becomes legally permissible, affecting shippers, consumers, and rail workers alike.

What must happen and when

How the order is supposed to work

The National Mediation Board notified the President that the disputes threatened substantial interruption of interstate commerce, triggering the President's authority under Section 10 of the Railway Labor Act to create this board. The President appoints all three members. The board investigates and reports within 30 days; the status-quo freeze then holds for an additional 30 days after that report. No enforcement mechanism compels a settlement — the board's findings are advisory, and any lasting resolution requires agreement between the parties or further congressional or executive action.

Actions and deadlines

  • Appoint a chair and two members to the Emergency Board2022-07-18
  • Submit report to the President on the labor disputesWithin 30 days of the board's creation
  • Maintain status-quo conditions — no changes except by agreement of the partiesThrough 30 days after board submits its report
  • Transfer board records to the physical custody of the National Mediation Board upon terminationNo deadline specified

Agencies directed to act

National Mediation Board

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Railway Labor Act, Section 10 (45 U.S.C. § 160)

Authorizes the President to create an emergency board when railroad labor disputes threaten to interrupt interstate commerce.

Executive Order

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Executive Order 14077: Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations | EO Reporter