A bill to amend the Labor-Management Relations Act of 1947 to provide more effective means for protecting the public interest and promoting settlement of emergency disputes involving the transportation industry.
Emergency Tansportation Disputes Act - Title I: Amendments to the Labor-Management Relations Act, 1974 Relating to Emergency Disputes in the Transportation Industry - Provides that when a strike or lockout in the railroad, airline, maritime longshore, or trucking industries imperils the health, safety or economy of a substantial sector of the Nation or deprives any State of essential transportation services, the President may appoint a board of inquiry to: (1) inquire into the issues involved in the dispute, and (2) make a written report to him to be filed with the Federal Mediation and Conciliation Service.
States that the substantial interruption of transportation services between the west coast of the United States and the State of Hawaii shall be deemed to deprive the State of Hawaii of essential transportation services.
Authorizes the President, upon receiving a report from a board of inquiry, to direct the Attorney General to seek an injunction of such strike or lockout or the continuing thereof if a three-judge District court determines that the strike or lockout imperils the health, safety or economy of a substantial sector of the Nation or deprives any State of essential transportation services.
Requires parties to the labor dispute, upon the issuing of an injunctive order, to make every effort to adjust and settle their differences, with the assistance of the Federal Mediation and Conciliation Service. (Amends 29 U.S.C. 176, 178(a), 179(a))
Provides alternatively that, if no settlement is reached before an injunction issues, the President may, within 10 days, direct the parties to the controversy to refrain from making any changes, except by agreement, in the terms and conditions of employment for not more than 30 days, and to continue to bargain collectively without a strike or lockout.
Authorizes the President, in lieu of this mandatory cooling off period, to appoint a special board of three members to determine under what conditions a partial strike or lockout in a transportation industry could take place without imperiling the national health, safety, or economy; and whether, under such conditions, the partial strike or lockout would be sufficient in economic impact to encourage each of the parties to make continuing efforts to resolve the dispute.
Requires a report by the board with its determination, which shall be effective for a period not to exceed 180 days. Provides for public hearings by the board, prior to the issuance of an order, and for participation by the parties to the dispute and the Government. Sets forth rules and procedures for such hearings.
Provides, in lieu of the cooling off period or a board determination concerning a partial strike, that the President may direct each party to submit a final offer to the Secretary prior to the issuance of an injunction. States that the Secretary shall transmit the offers to the other parties simultaneously, and that the parties shall continue to bargain collectively for a period of five days. Provides that if no settlement has been reached before the end of this five-day period, the parties may select a three-member panel to act as the final offer selector.
Requires the panel to conduct an informal hearing similar to that above, and to select a final offer after weighing evidence offered and comparing terms from both parties. States that the determination of the panel shall be conclusive, unless found arbitrary or capricious by the district court panel which issued the injunction prohibiting the strike or lockout.
Title II: Miscellaneous Provisions - Provides that the Norris-La Guardia Act of 1932 shall not be applicable to any judicial proceeding brought under or to enforce the provisions of this Act.
States that nothing in this Act shall be construed to require an individual employee to render labor or service without his consent, nor to make the quitting of his job by an individual employee an illegal act.
Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
Introduced in Senate
Referred to Senate Committee on Labor and Public Welfare.
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