Establishing a Second Emergency Board To Investigate a Dispute Between New Jersey Transit Rail Operations and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen
Establishes a second emergency board under the Railway Labor Act to investigate an unresolved labor dispute between New Jersey Transit Rail Operations and the locomotive engineers' union, after a first board's recommendations were rejected by both parties.
Requires the parties to submit final settlement offers for the board to evaluate, and freezes working conditions for up to 90 days to prevent a work stoppage while the process plays out.
What this order does
What it orders
The order creates a three-member presidential emergency board, effective November 22, 2024, to investigate the ongoing contract dispute between New Jersey Transit Rail Operations and the Brotherhood of Locomotive Engineers and Trainmen. The board will conduct a "final offer" arbitration process: both parties must submit their best settlement proposals within 30 days, and the board must then select the most reasonable offer and report to the President within the following 30 days. During the process and for 60 days after the report, neither party may unilaterally change the conditions underlying the dispute.
The order does not itself impose a contract settlement or compel the parties to accept the board's selection — it structures a process aimed at resolving the dispute short of a strike or service disruption. The board terminates automatically once it submits its report, and its records transfer to the National Mediation Board for custody.
Who it affects
New Jersey Transit Rail Operations (the railroad employer), locomotive engineers represented by the Brotherhood of Locomotive Engineers and Trainmen, and NJ Transit commuters who depend on rail service. Three presidentially appointed board members will also serve on the investigative panel.
Why it matters
NJ Transit rail commuters face continued uncertainty about service, but the status-quo freeze prevents a strike or lockout while the board works. The "final offer" format pressures both sides to submit realistic proposals, since the board must pick one offer as written rather than split the difference.
What must happen and when
How the order is supposed to work
The board uses a "final offer" selection mechanism required by RLA section 9A: each party submits its best proposal, and the board picks the single most reasonable one — it cannot craft a compromise. The status-quo maintenance requirement runs from the date the board was requested through 60 days after the report, creating a roughly 90-day window for resolution. If the parties still do not reach agreement after the report, Congress retains authority to act. Records go to the National Mediation Board upon the emergency board's termination.
Actions and deadlines
- Parties submit final settlement offers to the Board
- Board selects most reasonable offer and submits report to the President
- Parties maintain existing working conditions with no unilateral changes
- National Mediation Board takes custody of Board records upon Board termination