Labor & Employment Law Daily Wrap Up, WHITE HOUSE NEWS—EO establishes second emergency board to investigate Long Island Rail Road labor disputes, (Jan 15, 2026)
Organizations Mentioned:Brotherhood of Railroad Signalmen | International Brotherhood of Electrical Workers | Long Island Rail Road Company | National Mediation Board
By Patricia K. Ruiz, J.D.
The board is being established pursuant to Section 9A of the Railway Labor Act.
A new executive order (EO) establishes a second emergency board to investigate labor disputes between the Long Island Rail Road Company and certain employee unions. The action follows a previous emergency board whose recommendations were not accepted. The order outlines the board’s composition, duties, timeline, and procedural requirements.
Second emergency board. The disputes involve unresolved issues between the Long Island Rail Road and multiple labor organizations representing its employees. The inability to reach a settlement through prior negotiations led to the establishment of this second board to review the positions of both parties and recommend a resolution. Section 9A of the Railway Labor Act requires the creation of an emergency board upon request by a party to the dispute. The second emergency board will consist of three presidential appointees—a chair and two additional members—with no financial or other ties to railroad labor organizations or carriers.
Settlement offers. Within 30 days of the board’s establishment on January 16, 2026, both Long Island Rail Road and the involved labor unions—including the Transportation Communications Union, Brotherhood of Locomotive Engineers and Trainmen, Brotherhood of Railroad Signalmen, International Association of Machinists and Aerospace Workers, and International Brotherhood of Electrical Workers—must submit their final settlement offers. Another 30 days after that, the board is required to report to the President, recommending the most reasonable settlement offer.
Procedural controls. From the time of the request to establish a second emergency board until 60 days after the submission of the board’s report to the president, there must be no changes in the disputed working conditions unless both sides agree. The EO specifies that records produced by the board become part of the National Mediation Board’s files, with publication costs to be covered by the Department of Transportation. The board dissolves upon delivery of its final report to the president.
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