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45 U.S.C. § 797m — Arbitration
Federal law — U.S. Code and appendices · legal_authorities
Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this subchapter, except sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1105&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim), in which event the burden of proof on all issues so presented shall be on the Corporation, or the Association, where appropriate.
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Source location: Title 45, Chapter 16, § 797m; chapter-016-regional-rail-reorganization.md
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Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this subchapter, except sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1105&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim), in which event the burden of proof on all issues so presented shall be on the Corporation, or the Association, where appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Special court; exclusive jurisdiction for civil actions** Notwithstanding any other provision of law, the special court shall have original and exclusive jurisdiction over any civil action—
(1) for injunctive, declaratory, or other relief relating to the enforcement, operation, execution, or interpretation of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [[45 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1311&num=0&edition=prelim) et seq.], or administrative action taken thereunder to the extent such action is subject to judicial review;
(2) challenging the constitutionality of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [[45 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1311&num=0&edition=prelim) et seq.];
(3) to obtain, inspect, copy, or review any document in the possession or control of the Secretary, Conrail, the United States Railway Association, or Amtrak that would be discoverable in litigation under any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [[45 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1311&num=0&edition=prelim) et seq.]; or
(4) seeking judgment upon any claim against the United States founded upon the Constitution and resulting from the operation of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [[45 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1311&num=0&edition=prelim) et seq.].
**(b) Appeal** An order or judgment of the United States District Court for the District of Columb
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Federal law — U.S. Code and appendices · legal_authorities
First. Establishment; composition; powers and duties; divisions; hearings and awards; judicial review
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition and termination**
(1) Effective April 1, 1987, the United States Railway Association is abolished.
(2) On January 1, 1987, all powers, duties, rights, and obligations of such association relating to the Corporation under the Regional Rail Reorganization Act of 1973 ([45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.) shall be transferred to the Secretary of Transportation.
(3) The sole function of the United States Railway Association after January 1, 1987, shall be the termination of its affairs and the liquidation of its assets.
**(b) Transfer of securities and responsibilities**
(1) Any securities of the Corporation held by the United States Railway Association shall, upon 11 So in original. Probably should be “on”. October 21, 1986, be transferred to the Secretary of Transportation.
(2) If, on the date the United States Railway Association is abolished under subsection (a), such association shall not have completed the termination of its affairs and the liquidation of its assets, the duty of completing such winding up of its affairs and liquidation shall be transferred to the Secretary of Transportation, who for such purposes shall succeed to all remaining powers, duties, rights, and obligations of such association.
**(c) Financing agreement**
(1) On January 1, 1987, the Amended and Restated Financing Agreement, dated May 10, 1979, between the United States Railway Association and the Corporation, together with any and all rights and obligations of or on behalf of any person with respect to such agreement, shall terminate and be of no further force or effect, except for those provisions specifying terms and conditions for payments made to the United States with respect
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There shall be established within 300 days after January 2, 1974, in accordance with the provisions of this section, a corporation to be known as the Consolidated Rail Corporation or such other corporate name as may be duly adopted by the Corporation.
**(b) Status** The Corporation shall be a for-profit corporation established under the laws of a State and shall not be an agency or instrumentality of the Federal Government. The Corporation shall be deemed a rail carrier subject to part A of subtitle IV of title 49, shall be subject to the provisions of this Act and, to the extent not inconsistent with such Act and subtitle IV of title 49, shall be subject to applicable State law. The principal office of the Corporation or of its principal railroad operating subsidiary shall be located in Philadelphia in the Commonwealth of Pennsylvania.
**(c) Incorporators**
(1) The members of the executive committee of the Association shall be the incorporators of the Corporation and shall take whatever steps are necessary to establish the Corporation, including the filing of articles of incorporation.
(2) Notwithstanding any provision of State law, after February 5, 1976, the members of the executive committee of the Association (including duly authorized representatives of members who are authorized by this chapter to be represented) and the chief executive officer and chief operating officer of the Corporation shall adopt the bylaws of the Corporation and serve as the Board of Directors of the Corporation until all members of the Board of Directors of the Corporation have been selected in accordance with subsection (d) of this section. The chief executive officer shall serve as chairman of such Board until a chairman thereof is selected pursuant to subsecti
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Federal law — U.S. Code and appendices · legal_authorities
Page 243
TITLE 45—RAILROADS
§ 1105
et seq.) of chapter 16 of this title. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 701 of this title and Tables.
CODIFICATION
In par. (1), ‘‘chapter 243 of title 49’’ substituted for
‘‘title III of the Rail Passenger Service Act (45 U.S.C.
541 et seq.)’’ on authority of Pub. L. 103–272, § 6(b), July
5, 1994, 108 Stat. 1378, the first section of which enacted
subtitles II, III, and V to X of Title 49, Transportation.
AMENDMENTS
1996—Par. (8). Pub. L. 104–317 amended par. generally.
Prior to amendment, par. read as follows: ‘‘ ‘Special
court’ means the judicial panel established under sec-
tion 209 of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 719).’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–317 effective 90 days after
Oct. 19, 1996, and except as otherwise provided, applica-
ble proceedings that arise or continue after such effec-
tive date, see section 605(e) of Pub. L. 104–317, set out
as a note under section 719 of this title.
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND
TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and func-
tions of Commission transferred, except as otherwise
provided in Pub. L. 104–88, to Surface Transportation
Board effective Jan. 1, 1996, by section 1302 of Title 49,
Transportation, and section 101 of Pub. L. 104–88, set
out as a note under section 1301 of Title 49. References
to Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee
of the Board, or Secretary of Transportation, as appro-
priate, see section 205 of Pub. L. 104–88, set out as a
note under section 1301 of Title 49.
§ 1105. Judicial r
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
Page 220
TITLE 45—RAILROADS
§ 797l
1 See References in Text note below.
principally to chapter 8 (§ 151 et seq.) of this title. For
complete classification of this Act to the Code, see sec-
tion 151 of this title and Tables.
§ 797l. Class II railroads receiving Federal assist-
ance
The Surface Transportation Board shall im-
pose no labor protection conditions in approving
an application under section 10902 of title 49
when the application involves a Class II rail car-
rier which—
(1) is headquartered in a State, and operates
in at least one State, with a population of less
than 1,000,000 persons, as determined by the
1990 census; and
(2) has, as of January 1, 1996, been a recipient
of repayable Federal Railroad Administration
assistance in excess of $5,000,000.
(Pub. L. 93–236, title VII, § 713, as added Pub. L.
104–88, title III, § 327(5)(A), formerly § 327(5), Dec.
29, 1995, 109 Stat. 952, renumbered Pub. L.
104–287, § 6(f)(4)(B), Oct. 11, 1996, 110 Stat. 3399.)
Editorial Notes
PRIOR PROVISIONS
A prior section 797l, Pub. L. 93–236, title VII, § 713, as
added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95
Stat. 668, authorized appropriations to carry out activi-
ties for protection of employees of Consolidated Rail
Corporation, prior to repeal by Pub. L. 99–509, title IV,
§ 4033(a)(2), Oct. 21, 1986, 100 Stat. 1908.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 2 of Pub. L.
104–88, set out as a note under section 1301 of Title 49,
Transportation.
§ 797m. Arbitration
Any dispute or controversy with respect to the
interpretation, application, or enforcement of
the provisions of this subchapter, except sec-
tions 797b, 797c, 797g, and 797l 1 of this title, or
section 1144 of the N
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