Executive Order 10929—Establishing a Commission to Inquire Into a Controversy Between Certain Carriers and Certain of Their Employees

By virtue of the authority vested in me as President of the United States, it is hereby 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 New York Harbor Conference Carriers' Committee and certain of their employees represented by Local No. 1, International Organization of Masters, Mates & Pilots, Local No. 3, International Organization of Masters, Mates & Pilots, the Marine Engineers Beneficial Association No. 33, and the Seafarers International Union of North America, Atlantic and Gulf District, Railroad and Marine Division, AFL-CIO, all members of the Railroad Marine Harbor Council, AFL-CIO. The commission shall consist of the chairman of the commission established by Executive Order No.10891, who shall also serve as the chairman of the commission established by this order, and eight other members who shall be designated by the President as follows: three members from among persons nominated by the carriers, three members from among persons nominated by the employees, and two members selected by the President from among those persons who are members of the commission established by Executive Order No. 10891 in pursuance of Presidential designations made thereunder without nominations. SEC. 2. The commission is authorized and directed to investigate and inquire into the issues raised by the aforementioned proposals as set forth in the notices incorporated in the joint recommendation for settlement signed and accepted on January 23, 1961, by the parties involved in the aforementioned 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. The commission shall be separate from the Presidential commission established by Executive Order No. 10891, but the two commissions are authorized and directed, under such arrangements as may be appropriate, to establish and maintain such procedures as may best promote economy and efficiency in their operations, including the utilization of staff and facilities. SEC. 4. 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. 5. 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, 74 Stat. 473, 475, approved July 12, 1960. 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, to the extent permitted by law, from any corresponding or like appropriation made available for fiscal years subsequent to fiscal year 1961. 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 without nominations shall receive such compensation as the President shall hereafter specify, but no such compensation shall be payable with respect to any day or other period of service for which other compensation is payable by the United States. SEC. 6. The commission shall make a final written report of its findings and recommendations not later than 60 days after the Presidential commission established by Executive Order No. 10891 makes the final report described in section 5 of such order. The commission shall cease to exist 30 days after the rendition of its final report to the President. SEC. 7. Funds may be allotted under section 5 of this order immediately, such funds to become available for obligation and expenditure on such date or dates as the President may specify, and nominations may immediately be submitted and designations of members made under section 1 of this order, but the provisions of this order shall otherwise become effective only when all members of the commission have been designated by the President under section 1 hereof. JOHN F. KENNEDY THE WHITE HOUSE, March 24, 1961