§1346 — Title 45 Railroads | U.S. Code

Summary

Ends certain employee rights and settles a list of related claims. It cancels all employee rights and any U.S. obligations under section 761(e) as it existed before October 21, 1986. It also settles claims against the Corporation or others under the Definitive Agreement named in section 4024(d)(1) or similar deals, claims for pay from the May 5, 1981 agreement about pay increase deferrals, issues from notices under section 156 asking for repayment or compensation, and claims by advisers or consultants against the Railway Labor Executives’ Association or the Corporation about these matters. The Corporation will not be treated as breaking any agreement because of anything required by this subchapter. The United States removes its consent to be sued for claims arising from acts or omissions under this subchapter, except for lawsuits that ask the Secretary of Transportation to carry out duties required under part A of this subchapter.

Title 45, §1346

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(a)section 4024 completely and finally—

(1)extinguishes all employee rights, and any obligation of the United States, under section 761(e) 11 See References in Text note below. of this title as in effect immediately before October 21, 1986;

(2)resolves any and all claims against the Corporation or any other person arising under the Definitive Agreement referred to in section 4024(d)(1) or any other agreement containing similar terms and conditions;

(3)resolves all claims to pay entitlements arising out of the pay increase deferrals by present and former employees of the Corporation under the Agreement of May 5, 1981, between Conrail and Certain Labor Organizations for Labor Contributions to Self-Sufficiency for Conrail;

(4)resolves all issues raised by notices served by representatives of such employees under section 156 of this title proposing repayment of or compensation for such deferrals; and

(5)resolves all claims against the Railway Labor Executives’ Association or the Corporation by any adviser, consultant, or other person who has provided services to such association in connection with any matter referred to in this subchapter.

(b)The Corporation shall not be considered to be in breach, default, or violation of any agreement to which it is a party, notwithstanding any provision of such agreement, because of any provision of this subchapter or any action the Corporation is required to take under this subchapter.

(c)The United States hereby withdraws any stated or implied consent for the United States, or any agent or officer of the United States, to be sued by any person for any legal, equitable, or other relief with respect to any claim arising out of, or resulting from, acts or omissions under this subchapter, except actions brought to require the Secretary of Transportation to perform duties or acts required under part A of this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4024, referred to in subsec. (a), is section 4024 of Pub. L. 99–509, which amended section 797 of this title, provided for repeal of section 797 of this title effective on the sale date of the Consolidated Rail Corporation, and enacted provisions set out as a note under section 797 of this title. section 4024(d)(1) is set out as a note under section 797 of this title. section 761 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 99–509, title IV, § 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908. Part A of this subchapter, referred to in subsec. (c), was in the original “subpart A” meaning subpart A (§§ 4011–4013) of part 2 of subtitle A of title IV of Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1895, which enacted part A of this subchapter and amended section 726 of this title. For complete classification of this Act to the Code, see Tables.

§1346 Resolution of certain issues

Summary

Title 45, §1346

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata