§10902 Short Line Purchases by Class Ii and Class Iii Rail Carriers

Summary

Class II and Class III rail carriers must get a certificate from the Board before taking over or running extra rail lines. A carrier starts the process by filing an application. The Board must give reasonable public notice when the process starts. The Board will grant the certificate unless it finds the move would be inconsistent with public needs and convenience. The Board can approve the application as filed or with changes. It can add conditions it thinks are needed, but not labor-protection conditions. If a Class II carrier gets a certificate, it must provide a fair plan to protect workers who might lose jobs. That plan must be one year of severance pay, capped at what the worker earned in railroad jobs during the 12 months before the application was filed, and reduced by any railroad pay the worker earns from the acquiring carrier in the 12 months after the transaction takes effect. The parties can agree to other terms. The Board does not require this for Class III carriers.