§159a — Title 45 Railroads | U.S. Code

Summary

Creates a special process for labor disputes between publicly funded, publicly run commuter rail carriers (including Amtrak Commuter Services Corporation) and their workers, unless another law says otherwise. If the dispute is not settled and no emergency board exists, either party or a state governor can ask the President to set one up. The President must create a board when asked. From the board’s creation, the parties may not change the disputed working conditions for 120 days unless they agree. Within 60 days of that board, the National Mediation Board will hold a public hearing where each side explains why it rejected the emergency board’s recommendations. If there is still no settlement after 120 days, a party or governor can ask the President for a second emergency board, which the President must create. Within 30 days the parties must file final offers, and within 30 days the board chooses the more reasonable offer and reports to the President. From the request for the second board until 60 days after its report, the parties may not change the disputed conditions. If the board picks the carrier’s offer and workers strike after the 60-day period, those workers lose Railroad Unemployment Insurance during the strike. If the board picks the workers’ offer and the carrier refuses it and workers strike after the 60-day period, the carrier cannot use any carrier agreements that provide strike-related benefits.

Title 45, §159a

Railroads — Source: USLM XML via OLRC

(a)Except as provided in section 590(h) 11 See References in Text note below. of this title, the provisions of this section shall apply to any dispute subject to this chapter between a publicly funded and publicly operated carrier providing rail commuter service (including the Amtrak Commuter Services Corporation) and its employees.

(b)If a dispute between the parties described in subsection (a) is not adjusted under the foregoing provisions of this chapter and the President does not, under section 160 of this title, create an emergency board to investigate and report on such dispute, then any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish such an emergency board.

(c)(1)Upon the request of a party or a Governor under subsection (b), the President shall create an emergency board to investigate and report on the dispute in accordance with section 160 of this title. For purposes of this subsection, the period during which no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose shall be 120 days from the day of the creation of such emergency board.

(2)If the President, in his discretion, creates a board to investigate and report on a dispute between the parties described in subsection (a), the provisions of this section shall apply to the same extent as if such board had been created pursuant to paragraph (1) of this subsection.

(d)Within 60 days after the creation of an emergency board under this section, if there has been no settlement between the parties, the National Mediation Board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony setting forth the reasons it has not accepted the recommendations of the emergency board for settlement of the dispute.

(e)If no settlement in the dispute is reached at the end of the 120-day period beginning on the date of the creation of the emergency board, any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish another emergency board, in which case the President shall establish such emergency board.

(f)Within 30 days after creation of a board under subsection (e), the parties to the dispute shall submit to the board final offers for settlement of the dispute.

(g)Within 30 days after the submission of final offers under subsection (f), the emergency board shall submit a report to the President setting forth its selection of the most reasonable offer.

(h)From the time a request to establish a board is made under subsection (e) until 60 days after such board makes its report under subsection (g), no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose.

(i)If the emergency board selects the final offer submitted by the carrier and, after the expiration of the 60-day period described in subsection (h), the employees of such carrier engage in any work stoppage arising out of the dispute, such employees shall not be eligible during the period of such work stoppage for benefits under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

(j)If the emergency board selects the final offer submitted by the employees and, after the expiration of the 60-day period described in subsection (h), the carrier refuses to accept the final offer submitted by the employees and the employees of such carrier engage in any work stoppage arising out of the dispute, the carrier shall not participate in any benefits of any agreement between carriers which is designed to provide benefits to such carriers during a work stoppage.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 590(h) of this title, referred to in subsec. (a), was repealed by Pub. L. 103–272, § 7(b),

July 5, 1994, 108 Stat. 1379. The Railroad Unemployment Insurance Act, referred to in subsec. (i), is act

June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as a note under section 1101 of this title.

§159a Special procedure for commuter service