Economy, finance and labor

Executive Order 13334: Establishing an Emergency Board to Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Conductors Represented by the United Transportation Union

President: George W. Bush

Established a three-member emergency board for a SEPTA conductor labor dispute under the Railway Labor Act.

Status: In effect. Is Executive Order 13334 still in effect? Yes. Executive Order 13334 remains in effect. See Federal Register record.

What does Executive Order 13334 do?

The first board began April 12, 2004, had 30 days to report, and restricted changes to the disputed conditions for 120 days unless the parties agreed. EO 13351 states that the first board reported and ended, its recommendations were not accepted, and a second board was requested and established effective August 10, 2004. The second process is a separate statutory step.

Administration position: The order responded to a request under section 9A of the Railway Labor Act to investigate and report on the unresolved dispute.
SignedApril 10, 2004
Earlier frameworkThe SEPTA–United Transportation Union conductor dispute remained unresolved after Railway Labor Act procedures and a party requested a section 9A board.
Responsible bodyFirst SEPTA emergency board
Later primary evidenceAugust 9, 2004: EO 13351 states that the first board reported and ended, its recommendations were not accepted, and a second board was requested and established effective August 10, 2004. The second process is a separate statutory step.

Before and after

Before the order

The SEPTA–United Transportation Union conductor dispute remained unresolved after Railway Labor Act procedures and a party requested a section 9A board.

After the order

The first board began April 12, 2004, had 30 days to report, and restricted changes to the disputed conditions for 120 days unless the parties agreed.

EO 13351 states that the first board reported and ended, its recommendations were not accepted, and a second board was requested and established effective August 10, 2004. The second process is a separate statutory step.

What did the signed order change?

The SEPTA–United Transportation Union conductor dispute remained unresolved after Railway Labor Act procedures and a party requested a section 9A board. The first board began April 12, 2004, had 30 days to report, and restricted changes to the disputed conditions for 120 days unless the parties agreed.

What happened later?

Federal Register — EO 13351 second SEPTA emergency board documents this later development: EO 13351 states that the first board reported and ended, its recommendations were not accepted, and a second board was requested and established effective August 10, 2004. The second process is a separate statutory step.

What does that evidence establish?

EO 13334 used 45 U.S.C. 159a(c) for a first board with a 30-day report and 120-day conditions period. EO 13351 later invoked section 9A(e) for a second board. Neither order by itself constitutes a final collective-bargaining settlement. A board’s report and later second board do not establish that the parties reached agreement. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
First SEPTA emergency boardInvestigated and reported on the conductor disputeUnder the signed order and governing law

What happened next

EO 13334 signed.

EO 13351 states that the first board reported and ended, its recommendations were not accepted, and a second board was requested and established effective August 10, 2004. The second process is a separate statutory step.