Economy, finance and labor

Executive Order 13351: 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 second Railway Labor Act emergency board for the SEPTA conductor dispute after the first board’s recommendations were not accepted.

Status: In effect. Is Executive Order 13351 still in effect? Yes. Executive Order 13351 remains in effect. See Federal Register record.

What does Executive Order 13351 do?

EO 13351 created a second three-member board effective August 10, 2004 to consider final offers, report to the President and maintain disputed conditions through the statutory period. The National Mediation Board’s second-board report records a tentative agreement on September 1, union ratification on October 2, SEPTA board ratification on October 28, and submission of the report on October 29, 2004 declaring the dispute resolved.

Administration position: Section 9A of the Railway Labor Act called for a second board after the first recommendation was not accepted.
SignedAugust 9, 2004
Earlier frameworkThe first board established by EO 13334 issued its report, but the SEPTA and union parties did not both accept its recommendations.
Responsible bodyEmergency Board 238, SEPTA and United Transportation Union
Later primary evidenceOctober 29, 2004: The National Mediation Board’s second-board report records a tentative agreement on September 1, union ratification on October 2, SEPTA board ratification on October 28, and submission of the report on October 29, 2004 declaring the dispute resolved.

Before and after

Before the order

The first board established by EO 13334 issued its report, but the SEPTA and union parties did not both accept its recommendations.

After the order

EO 13351 created a second three-member board effective August 10, 2004 to consider final offers, report to the President and maintain disputed conditions through the statutory period.

The National Mediation Board’s second-board report records a tentative agreement on September 1, union ratification on October 2, SEPTA board ratification on October 28, and submission of the report on October 29, 2004 declaring the dispute resolved.

What did the signed order change?

The first board established by EO 13334 issued its report, but the SEPTA and union parties did not both accept its recommendations. EO 13351 created a second three-member board effective August 10, 2004 to consider final offers, report to the President and maintain disputed conditions through the statutory period.

What happened later?

National Mediation Board — second SEPTA emergency-board report documents this later development: The National Mediation Board’s second-board report records a tentative agreement on September 1, union ratification on October 2, SEPTA board ratification on October 28, and submission of the report on October 29, 2004 declaring the dispute resolved.

What does that evidence establish?

EO 13351 is the second-board step under 45 U.S.C. 159a(e), distinct from EO 13334’s first board. The signed order contemplated final offers and a report, while the parties settled through bargaining with a presidentially approved extension. The board’s own report substantiates the ratification and resolution; the order did not itself dictate settlement terms. The outcome is specific to the 2004 SEPTA conductor dispute. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
Emergency Board 238, SEPTA and United Transportation UnionReturned parties to bargaining and reported a ratified agreementUnder the signed order and governing law

What happened next

EO 13351 signed.

The National Mediation Board’s second-board report records a tentative agreement on September 1, union ratification on October 2, SEPTA board ratification on October 28, and submission of the report on October 29, 2004 declaring the dispute resolved.