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45 U.S.C. § 914 — Obligation guarantees

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 914 — Obligation guarantees

**(a) Authorization** The Secretary of Transportation, under the authority of [section 831 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section831&num=0&edition=prelim), shall guarantee obligations of the Milwaukee Railroad for purposes of providing employee protection in accordance with the terms of the employee protection agreement entered into under [section 908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&num=0&edition=prelim). Guarantees under this section shall be entered into without regard to the requirements of subsection (g) of [section 831 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section831&num=0&edition=prelim). **(b) Obligations as administrative expense** Any obligation guaranteed pursuant to this section shall be treated as an administrative expense of the estate of the Milwaukee Railroad. **(c) Limit on aggregate unpaid principal amount** The aggregate unpaid principal amount of obligations which may be guaranteed by the Secretary pursuant to this section shall not exceed $75,000,000. **(d) Limit on total liability** The total liability of the Milwaukee Railroad in connection with benefits and allowances provided under an employee protection agreement entered into under [section 908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&num=0&edition=prelim) shall not exceed $75,000,000. **(e) Liability of United States respecting section 908 agreements** Except in connection with obligations guaranteed under this section, the United States shall incur no liability to employees in connection with any employee protection agreement entered into under [section 908 of this title](https

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Source file: Laws/federal/codes/united-states-code/title-45/section-914-obligation-guarantees--4be6f08aaf.md
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Source location: Title 45, Chapter 18, § 914; chapter-018-milwaukee-railroad-restructuring.md

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 836 — Repealed. Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat. 683

### Statutory Notes Section, Pub. L. 94–210, title V, § 504, formerly § 516, Feb. 5, 1976, 90 Stat. 82; renumbered § 504, Pub. L. 105–178, title VII, § 7203(a)(5), June 9, 1998, 112 Stat. 477, related to employee protection. See [section 22404 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22404&num=0&edition=prelim), Transportation. A prior section 504 of Pub. L. 94–210 was classified to [section 824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section824&num=0&edition=prelim) prior to repeal by Pub. L. 105–178.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 831 — Transferred

### Statutory Notes #### Codification Section, Pub. L. 94–210, title V, § 511, Feb. 5, 1976, 90 Stat. 76; Pub. L. 94–555, title II, §§ 215, 220(e), (f), Oct. 19, 1976, 90 Stat. 2625, 2629, 2630; Pub. L. 96–448, title IV, § 405(e), Oct. 14, 1980, 94 Stat. 1947; Pub. L. 99–509, title IV, § 4033(c)(5), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 102–240, title I, § 1036(e), Dec. 18, 1991, 105 Stat. 1986, which related to guarantee of obligations, was repealed, except for subsec. (c), by Pub. L. 105–178, title VII, § 7203(a)(2), June 9, 1998, 112 Stat. 477. Subsec. (c) of section 831 was amended, redesignated, and transferred to [section 823(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section823/b&num=0&edition=prelim) by Pub. L. 105–178, title VII, § 7203(a)(3), (4), June 9, 1998, 112 Stat. 477. [Section 823(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section823/b&num=0&edition=prelim) was subsequently repealed by Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat. 683.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 908 — Employee protection agreements

**(a) Agreement between Milwaukee Railroad and labor organizations** The Milwaukee Railroad and labor organizations representing the employees of such railroad may, not later than 20 days after November 4, 1979, enter into an agreement providing protection for employees of such railroad who are adversely affected as a result of a reduction in service by such railroad or a restructuring transaction carried out by such railroad. Such employee protection may include, but need not be limited to, interim employee assistance, moving expenses, employee relocation incentive compensation, and separation allowances. **(b) Submission of matter to National Mediation Board** If the Milwaukee Railroad and the labor organizations representing the employees of such railroad are unable to enter into an employee protection agreement under subsection (a) of this section within 20 days after November 4, 1979, the parties shall immediately submit the matter to the National Mediation Board. The National Mediation Board shall attempt, by mediation, to bring the parties to an agreement with respect to employee protection no later than 40 days after November 4, 1979. **(c) Fair and equitable agreements** (1) If the National Mediation Board is unable to bring the parties to an agreement under subsection (b) of this section within 40 days after November 4, 1979, the Milwaukee Railroad and the labor organizations representing the employees of such railroad shall immediately enter into an employee protection agreement that is fair and equitable. (2) If an employee protection agreement is entered into under this subsection, any claim of an employee for benefits and allowances under such agreement shall be filed with the Board in such time and manner as the Board by regulation shall prescribe. Th

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 22404 — Employee protection

**(a) General.—** Fair and equitable arrangements shall be provided, in accordance with this section, to protect the interests of any employees who may be affected by actions taken pursuant to authorizations or approval obtained under this chapter. Such arrangements shall be determined by the execution of an agreement between the representatives of the railroads and the representatives of their employees, not later than 120 days after February 5, 1976. In the absence of such an executed agreement, the Secretary of Labor shall prescribe the applicable protective arrangements, not later than 150 days after February 5, 1976. **(b) Terms.—** The arrangements required by subsection (a) of this section shall apply to each employee who has an employment relationship with a railroad on the date on which such railroad first applies for applicable financial assistance under this chapter. Such arrangements shall include such provisions as may be necessary for the negotiation and execution of agreements as to the manner in which the protective arrangements shall be applied, including notice requirements. Such agreements shall be executed prior to implementation of work funded from financial assistance under this chapter. If such an agreement is not reached within 30 days after the date on which an application for such assistance is approved, either party to the dispute may submit the issue for final and binding arbitration. The decision on any such arbitration shall be rendered within 30 days after such submission. Such arbitration decision shall in no way modify the protection afforded in the protective arrangements established pursuant to this section, shall be final and binding on the parties thereto, and shall become a part of the agreement. Such arrangements shall also includ

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1170 — Abandonment of railroad line

**(a)** The court, after notice and a hearing, may authorize the abandonment of all or a portion of a railroad line if such abandonment is— (1) (A) in the best interest of the estate; or (B) essential to the formulation of a plan; and (2) consistent with the public interest. **(b)** If, except for the pendency of the case under this chapter, such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Board. The court may fix a time within which the Board shall report to the court on such application. **(c)** After the court receives the report of the Board, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. **(d)** (1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final. (2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersede

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 914 — Obligation guarantees

Page 231 TITLE 45—RAILROADS § 915 1 See References in Text note below. § 914. Obligation guarantees (a) Authorization The Secretary of Transportation, under the authority of section 831 of this title, shall guar- antee obligations of the Milwaukee Railroad for purposes of providing employee protection in ac- cordance with the terms of the employee protec- tion agreement entered into under section 908 of this title. Guarantees under this section shall be entered into without regard to the requirements of subsection (g) of section 831 of this title. (b) Obligations as administrative expense Any obligation guaranteed pursuant to this section shall be treated as an administrative ex- pense of the estate of the Milwaukee Railroad. (c) Limit on aggregate unpaid principal amount The aggregate unpaid principal amount of ob- ligations which may be guaranteed by the Sec- retary pursuant to this section shall not exceed $75,000,000. (d) Limit on total liability The total liability of the Milwaukee Railroad in connection with benefits and allowances pro- vided under an employee protection agreement entered into under section 908 of this title shall not exceed $75,000,000. (e) Liability of United States respecting section 908 agreements Except in connection with obligations guaran- teed under this section, the United States shall incur no liability to employees in connection with any employee protection agreement en- tered into under section 908 of this title. (f) Applicability of section 22404 of title 49 Section 22404 of title 49 shall not apply to any obligation guaranteed under this section. (Pub. L. 96–101, § 15, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96–448, title VII, § 701(a)(3), Oct. 14, 1980, 94 Stat. 1959; Pub. L. 117–58, div. B, title I, § 2130

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