President Joe Biden has done just that ordered an emergency board to review a labor dispute between NJ Transit and a union representing the agency’s locomotive engineers.

The panel is the second such board Biden has established this year to handle the dispute. The first version, which Biden created via executive order in July, temporarily prevented a strike but failed to broker a deal between NJ Transit and the Brotherhood of Locomotive Engineers and Trainmen.

Biden was only allowed to create the second emergency board when the first emergency board expired today after 120 days. The first board submitted its report to the president, but the parties did not accept the recommendations.

The Railway Labor Act of 1926 allows for the creation of presidential councils to mediate disputes between commuter rail operators and labor unions. This “second emergency board,” as it is known, will select the “most reasonable offer” from NJ Transit or the union. The party with the most reasonable offer will receive an advantage if there is a work stoppage.

The union has been without a contract since 2019. The workers are calling for, among other things, a salary increase. They say their salaries are among the lowest of any commuter engineering group in the country, according to NJ.com.

The panel includes Ira F. Jaffe, Sidney Moreland and Thomas Pontolillo, all professional arbitrators. The board has 30 days to receive offers of final settlement from each party, and then 30 days to select the most reasonable offer.

If the board selects NJ Transit’s offer, the employees will not eligible for benefits under the Railway Unemployment Act during work interruption. If the board selects the union’s offer, NJ Transit will not be eligible for labor stoppage-related benefits if a strike occurs.