Emergency Public Interest Protection Act

Emergency Public Interest Protection Act Title I: Amendments to the Labor-Management Relations Act Relating to Emergency Disputes in the Transportation Industry - Makes the national emergency provisions of the Labor-Management Relations Act applicable to all transportation industries by repealing the emergency procedures of the Railway Labor Act. Empowers the President to use, in addition to the basic emergency dispute provisions of the Labor-Management Relations Act, one of three new options for dealing with national emergency disputes in the transportation industries. Provides that these optional procedures could be used if a transportation national emergency dispute was still unresolved after the 80-day cooling-off period provided in the Labor-Management Relations Act. Directs that the basic 80-day injunction would have to be issued by a three judge court in the case of national emergency disputes in the transportation industries. Empowers the President to choose any one of these new procedures, but if the one chosen does not result in the resolution of the dispute, the provisions in current law for a report to the Congress would remain in effect. Authorizes the President to extend the cooling-off period, with continued bargaining between the parties, for a period of up to thirty days. Permits arranging for operation of only an essential part of the industry or by requiring production or service only to a critical class of customers. Authorizes the President to appoint a special board and to direct them to review the feasibility of partial operations. Permits any party or any member of the board to present to the board a plan defining the stike or lockout action that would be consistent with the public interest. Authorizes the board, after appropriate hearing in which the Government would be a party to protect the public interest, to adopt or modify the plan. Provides that before approving the plan the board would have to find that the partial strike or lockout is sufficiently extensive to encourage resolution of the dispute. Provides that the board's decision must be made within 30 days and during that period the status quo must be maintained. Limits partial operation pursuant to the board's decision to a maximum of 6 months. Requires the parties to submit their final proposals for full resolution of the controversy following the 80-day cooling-off period. Provides that the parties would be given 3 days in which to submit two final offers and that if any party failed to submit a final offer or offers, the last offer made during bargaining would be deemed its final offer. Directs that following this submission, to the Secretary of Labor, the parties would be required to meet and bargain for five days, with or without mediation by the Secretary. Provides that as a second step, the parties would be given an opportunity to select a panel to act as "Final Offer Selector" and that if the parties were unable to select the panel, a panel composed of three neutral members would be appointed by the President. Asserts that the panel would hold hearings and determine which of the final offers constituted the final and binding resolution of the issues. Provides that in reaching its determination, the panel could not choose any settlement other than those represented by the final offers. Specifies the criteria to be used by the panel in reaching its decision. Provides that the panel's choice would become the contract between the parties. Title II: Amendments to the Railway Labor Act - Phases out over a 2 year period the National Railroad Adjustment Board system and special boards of adjustment. Provides that the parties would be encouraged in their collective bargaining agreements to provide for grievance machinery terminating in final and binding arbitration, together with provisions for no-strike and no-lockout clauses. Provides that until such time as the collective bargaining agreements contain such provisions, "minor disputes" would be resolved by private arbitration with the arbitrator selected by the parties on the basis of consent or elimination of alternates until one arbitrator remains. Directs that no strikes over such minor disputes would be permitted during this period. Provides that the notice-of-contract modification or termination provisions would be changed so as to direct the railroad and airline industries to the form of contract reopening existing in industries subject to the Taft-Hartley Act. Requires the parties to serve written notice of proposed contract changes on each other at least 60 days prior to the contract expiration date. Provides special provisions for the transition to the new method of contract reopening. Asserts that at the expiration of the contract or of 60 days, whichever is later, the parties would be free to resort to self-help. Transfers the mediation duties of the National Mediation Board and its staff to the Federal Mediation and Conciliation Service. Directs that the National Mediation Board would retain its function of determining the representatives of bargaining units, but its name would be changed to the Railroad and Airline Representation Board. Title III: Special Industries Commission - Establishes the National Special Industries Commission to study labor relations in those industries which the Secretary of Labor has determined to be particularly vulnerable to national emergency disputes. Empowers the commission to study all the factors affecting labor relations in these industries and to make recommendations to the President as to the best way of remedying the weaknesses of collective bargaining in the industries studied, including recommendations for legislation, if appropriate. Authorizes the Commission to study the operation of the revised emergency procedures. Title IV: Miscellaneous Provisions - Defines the jurisdictions in which such representatives of employees or carriers may be sued. Applies the judicial proceedings provisions of the Norris LaGuardia Act to the provisions amending the Railway Labor Act as well as the emergency disputes provisions. Repeals the provisions of the Railroad Unemployment Insurance Act that makes strikers eligible for benefits if the strike is not in violation of the Railway Labor Act or the rules of the labor organization of which he is a member. Disqualifies railroad workers who strike from unemployment insurance benefits in accordance with criteria in State unemployment insurance law applicable to other industries.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on January 3, 1973. It describes the bill, it is not the legal text.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.