Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations

SI-generated grade · five published checks · not individually reviewed by a person · methodology

Emergency investigatory board expressly required by Railway Labor Act section 9A, executing Commerce Clause regulation of rail disputes. Temporary, neutral, report-only body with no rights restriction, no permanent centralization, and no deprivation or taking.

• ✓ Passes · Enumerated powers
  The President acts under express statutory direction in section 9A of the Railway Labor Act, 45 U.S.C. 159a, which provides the President shall appoint an emergency board upon request. Congress enacted that law under Article I, Section 8, Clause 3 Commerce Clause and Clause 18 Necessary and Proper Clause for rail transportation disputes. The President executes that law under Article II, Section 1 …
• ✓ Passes · Bill of Rights
  No speech, religion, press, assembly, arms, search, trial or other Bill of Rights interest is restricted. The order creates a three-member investigatory board and requires a report within 30 days. It does not censor speech under the First Amendment, does not authorize any search under the Fourth Amendment, and does not restrict arms under the Second Amendment. The 120-day status-quo period preserv…
• ✓ Passes · Individual sovereignty
  The order does not restrict what any person may do with their own person, property, speech, labor or belief. It does not order employees to work, forbid strike activity beyond the statute's temporary status-quo period by mutual-agreement exception, compel belief, or seize labor or property. Government burden under the Ninth Amendment and liberty principles is met because the only compulsion is inv…
• ✓ Passes · Decentralization
  Interstate and commuter-rail labor disputes that have exhausted Railway Labor Act procedures cannot be resolved by an individual family, by a county, or by a single state alone without disrupting interstate commerce under Article I, Section 8, Clause 3 and the Tenth Amendment. The board is temporary, investigatory only, terminates on its report, and does not transfer permanent regulatory power upw…
• ✓ Passes · Due process and takings
  No person is deprived of life, liberty or property without due process under the Fifth Amendment, and no property is taken for public use without just compensation under the Fifth Amendment Takings Clause. The order provides fair notice through Federal Register publication, a neutral board with no pecuniary interest, and a time-limited 120-day maintenance of conditions prescribed by 45 U.S.C. 159a…

Sources: Federal Register: Executive Order 14349