Page:United States Statutes at Large Volume 105 Part 1.djvu/199

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PUBLIC LAW 102-29—APR. 18, 1991 105 STAT. 171 No. 219. The party requesting a modification of a particular Presidential Emergency Board recommendation shall bear the burden of persuasion with respect to the modification of such recommendation. In order to overcome such presumption of validity, the party requesting a modification must show that the Presidential Emergency Board recommendation is demonstrably inequitable or was based on a material error or material misunderstanding. No later than 30 days after the 10-day period described in subsection (c), the Special Board shall complete its review and issue a final determination on all requests made under subsection (c), modifying in whole or in part the recommendation of Presidential Emergency Board No. 219 as to which the request was made, or denying such request. (e) EFFECT OF DETERMINATION.—Upon the expiration of 10 days after the issuance of the determination of the Special Board under subsection (d), such determination shall be binding on the parties and shall have the same effect as though arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C. 151 et seq.). (f) CLARIFICATION OF DETERMINATION.— In the event of disagreement as to the meaning of any part or all of the determination by the Special Board under subsection (d), or as to the terms of the detailed agreements or arrangements necessary to give effect thereto, any party may, by December 31, 1991, apply to the Special Board for clarification of its determination, whereupon the Special Board shall reconvene and shall promptly issue a further determination with respect to the matters raised by any application for clarification. Such further determination may, in the discretion of the Special Board, be made with or without a further hearing. (g) PRECLUSION OF JUDICIAL REVIEW, —There shall be no judicial review of any report or determination of the Special Board under this section. SEC. 4. MUTUAL AGREEMENTS PRESERVED. Nothing in this joint resolution shall prevent a mutual written agreement to any terms and conditions different from those established by this joint resolution. Approved April 18, 1991. LEGISLATIVE HISTORY—H.J. Res. 222: CONGRESSIONAL RECORD, Vol. 137 (1991): Apr. 17, considered and passed House and Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Apr. 18, Presidential statement.