§1113 — Title 45 Railroads | U.S. Code

Summary

After January 1, 1983, Conrail no longer must provide train crews for intercity passenger service on the Northeast Corridor. Amtrak, Amtrak Commuter, Conrail, and employees who have seniority in both freight and passenger work must begin talks no later than 120 days after August 13, 1981. They must negotiate a rule allowing those employees to switch services once every six-month period and let the carriers furlough one worker in the same class for each employee who returns. If no agreement is reached in 360 days, the dispute goes to binding arbitration. Conrail employees who lose their jobs because Amtrak takes over or stops intercity passenger service must get employee protection benefits under section 797, regardless of any other law, agreement, or usual eligibility rules. Those section 797 benefits are the only protections available to those affected Conrail employees.

Title 45, §1113

Railroads — Source: USLM XML via OLRC

(a)After January 1, 1983, Conrail shall be relieved of the responsibility to provide crews for intercity passenger service on the Northeast Corridor. Amtrak, Amtrak Commuter, and Conrail, and the employees with seniority in both freight and passenger service shall commence negotiations not later than 120 days after August 13, 1981, for the right of such employees to move from one service to the other once each six-month period. Such agreement shall ensure that Conrail, Amtrak, and Amtrak Commuter have the right to furlough one employee in the same class or craft for each employee who returns through the exercise of seniority rights. If agreement is not reached within 360 days, such matter shall be submitted to binding arbitration.

(b)Conrail employees who are deprived of employment by an assumption or discontinuance of intercity passenger service by Amtrak shall be eligible for employee protection benefits under section 797 11 See References in Text note below. of this title, notwithstanding any other provision of law, agreement, or arrangement, and notwithstanding the inability of such employees otherwise to meet the eligibility requirements of such section. Such protection shall be the exclusive protection applicable to Conrail employees deprived of employment or adversely affected by any such assumption or discontinuance.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 797 of this title, referred to in subsec. (b), was repealed by Pub. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 1987). Codification “August 13, 1981”, referred to in subsec. (a), was in the original “the date of the enactment”, which was editorially translated as the date of the enactment of this section, as the probable intent of Congress.

Amendments

1983—Pub. L. 97–468, § 505(a), designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Conrail Employees Eligible for Employee Protection Benefits Under Regional Rail Reorganization Act of 1973 Pub. L. 97–377, title I, § 137, Dec. 21, 1982, 96 Stat. 1915, provided that: “Conrail employees who are deprived of employment by assumption or discontinuance of intercity passenger service by Amtrak shall hereafter be eligible for employee protection benefits under section 701 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797), notwithstanding any other provision of law, agreement, or arrangement, and notwithstanding the inability of such employees otherwise to meet the eligibility requirements of such section. Such protection shall be the exclusive protection applicable to Conrail employees deprived of employment or adversely affected by any such assumption or discontinuance.”

§1113 Intercity passenger service