Executive Order 10891—Establishing a Commission To Inquire Into a Controversy Between Certain Carriers and Certain of Their Employees

By virtue of the authority vested in me by Title I of the General Government Matters Appropriation Act. 1961 (74 Stat. 473, 475), and as President of the United States, it is ordered as follows: SECTION 1. There is hereby established a Presidential commission to consider a controversy between, and involving certain proposals of, the carriers represented by the Eastern, Western, and Southeastern Carriers' Conference Committees and certain of their employees represented by the Brotherhood of Locomotive Engineers, the Brotherhood of Locomotive Firemen and Enginemen, the Order of Railway Conductors and Brakemen, the Brotherhood of Railroad Trainmen, and the Switchmen's Union of North America. The commission shall consist of fifteen members to be designated by the President as follows: five members from among persons nominated by the carriers, five members from among persons nominated by the employees, and the chairman of the commission and four other members without nominations. SEC. 2. The commission is authorized and directed to investigate and to inquire into the issues raised by the proposals of the parties involved in the abovementioned controversy with the objective of making a report to the President, including its findings and recommendations with respect to the controversy, and assisting in achieving an amicable settlement and agreement with respect to issues in dispute between the parties. In connection with its inquiry, the commission is authorized to hold such public hearings and to hear such witnesses as it may deem appropriate. It shall provide a full and fair hearing to the said parties and shall otherwise endeavor to conform its proceedings and activities to the understanding upon the basis of which the controversy is submitted to the commission by the parties thereto. SEC. 3. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the commission in its work and to furnish the commission with such information and assistance, not inconsistent with law, as it may require in the performance of its duties. SEC. 4. The controversy referred to in sections 1 and 2 of this order is hereby found to constitute an emergency affecting the national interest within the meaning of the provisions appearing under the heading "Emergency Fund for the President-National Defense" in Title I of the General Government Matters Appropriation Act, 1961 (Public Law 86-842), approved July 12, 1960. During the fiscal year 1961 the expenditures of the commission may be paid out of an allotment made by the President from the appropriation made under the aforesaid heading "Emergency Fund for the President-National Defense"; and during the fiscal year 1962, to the extent permitted by law, such expenditures may be similarly paid from any corresponding or like appropriation made available for the fiscal year 1962. Such payments may be made without regard to the provisions of (a) section 3681 of the Revised Statutes (31 U.S.C. 672), (b) section 9 of the act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 673), and (c) such other provisions of law as the President may hereafter specify. The members of the commission shall receive such expense allowances as the President shall hereafter fix. The chairman of the commission and those other members of the commission who are designated by the President under section 1 hereof without nominations shall receive such compensation as the President shall hereafter specify. SEC. 5. The commission shall endeavor to make a final written report of its findings and recommendations not later than December 1, 1961. The commission shall cease to exist thirty days after the rendition of Its final report to the President. SEC. 6. The provisions of this order shall become effective on January 1, 1961, except that on any earlier date or dates (a) nominations may be presented to the President under the provisions of section 1 of this order, (b) persons may be designated as members of the commission under the provisions of section 1 hereof, such designations to become effective on January 1, 1961, and (c) funds may be allotted under the provisions of section 4 hereof, such funds to become available for expenditure on January 1, 1961. DWIGHT D. EISENHOWER THE WHITE HOUSE, November 1, 1960.