§797m — Title 45 Railroads | U.S. Code

Summary

Either party may send any dispute about interpreting, applying, or enforcing this subchapter that is not settled within 90 days to an Adjustment Board for a final, binding decision under section 153. This does not apply to sections 797b, 797c, 797g, or 797l, to section 1144 of the Northeast Rail Service Act of 1981, or to matters subject to judicial review under section 1152 of that Act. The Corporation, or the Association where appropriate, must carry the burden of proof.

Title 45, §797m

Railroads — Source: USLM XML via OLRC

Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this subchapter, except section 797b, 797c, 797g, and 797l 11 See References in Text note below. of this title, or section 1144 of the Northeast Rail Service Act of 1981, and except those matters subject to judicial review under section 1152 of the Northeast Rail Service Act of 1981 [45 U.S.C. 1105], which have not been resolved within 90 days, may be submitted by either party to an Adjustment Board for a final and binding decision thereon as provided in section 153 of this title, in which event the burden of proof on all issues so presented shall be on the Corporation, or the Association, where appropriate.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 797l of this title, referred to in text, was repealed by Pub. L. 99–509, title IV, § 4033(a)(2), Oct. 21, 1986, 100 Stat. 1908, and a new section 797l of this title was subsequently added by Pub. L. 104–88, § 327(5). section 1144 of the Northeast Rail Service Act of 1981, referred to in text, is section 1144 of Pub. L. 97–35, title XI, Aug. 13, 1981, 95 Stat. 669, which repealed subchapter V (§ 771 et seq.) of this chapter and section 910 and 1006 of this title and enacted provisions set out as a note under section 771 of this title.

Statutory Notes and Related Subsidiaries

Abolition of United States Railway Association and

Transfer of Functions

and Securities See section 1341 of this title.

§797m Arbitration