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49 U.S.C. § 11326 — Employee protective arrangements in transactions involving rail carriers
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325 of this title, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 5(2)(f) of the Interstate Commerce Act before February 5, 1976, and the terms established under section 24706(c) 11 See References in Text note below. of this title. Notwithstanding this part, the arrangement may be made by the rail carrier and the authorized representative of its employees. The arrangement and the order approving the transaction must require that the employees of the affected rail carrier will not be in a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the final action of the Board (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period).
**(b)** When approval is sought under sections 11324 and 11325 for a transaction involving one Class II and one or more Class III rail carriers, there shall be an arrangement as required under subsection (a) of this section, except that such arrangement shall be limited to one year of severance pay, which shall not exceed the amount of earnings from the railroad employment of that employee during the 12-month period immediately preceding the date on which the application for approval of such transaction is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of that employee with the acquiring carrier during the 12-month period immediately following the effecti
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Source file: Laws/federal/codes/united-states-code/title-49/section-11326-employee-protective-arrangements-in-transactions-involving-rail-carriers--60f186eaa4.md
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Source location: Title 49, Chapter 113, § 11326; chapter-113-finance.md
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**(a)** Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325 of this title, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 5(2)(f) of the Interstate Commerce Act before February 5, 1976, and the terms established under section 24706(c) 11 See References in Text note below. of this title. Notwithstanding this part, the arrangement may be made by the rail carrier and the authorized representative of its employees. The arrangement and the order approving the transaction must require that the employees of the affected rail carrier will not be in a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the final action of the Board (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period).
**(b)** When approval is sought under sections 11324 and 11325 for a transaction involving one Class II and one or more Class III rail carriers, there shall be an arrangement as required under subsection (a) of this section, except that such arrangement shall be limited to one year of severance pay, which shall not exceed the amount of earnings from the railroad employment of that employee during the 12-month period immediately preceding the date on which the application for approval of such transaction is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of that employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction. The parties may agree to terms other than as provided in this subsection.
**(c)** When approval is sought under sections 11324 and 11325 for a transaction involving only Class III rail carriers, this section shall not apply.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person may hold the position of officer or director of more than one rail carrier only when authorized by the Board. The Board may authorize a person to hold the position of officer or director of more than one of those carriers when public or private interests will not be adversely affected.
**(b)** This section shall not apply to an individual holding the position of officer or director only of Class III rail carriers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11328
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prevailing Wages Requirement.—** The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
**(b) Employee Protective Arrangements.—**
(1) As a condition of financial assistance under sections 5307–5312, 5316,11 See References in Text note below. 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements.
(2) Arrangements under this subsection shall include provisions that may be necessary for—
(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual emplo
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5333
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Federal law — U.S. Code and appendices · legal_authorities
Page 453
TITLE 49—TRANSPORTATION
§ 11327
1 See References in Text note below.
tice of the application is published under sub-
section (a) of this section.
(2) The Board shall require that applications
inconsistent with an application, notice of
which was published under subsection (a) of
this section, and applications for inclusion in
the transaction, be filed with it by the 60th
day after publication of notice under that sub-
section.
(3) The Board must conclude any evidentiary
proceedings by the 180th day after the date of
publication of notice under subsection (a) of
this section. The Board must issue a final de-
cision by the 90th day after the date on which
it concludes the evidentiary proceedings.
(d) For all applications under this section
other than those specified in subsections (b) and
(c) of this section, the following conditions
apply:
(1) Written comments about an application,
including comments of the Attorney General
and the Secretary of Transportation, may be
filed with the Board within 30 days after no-
tice of the application is published under sub-
section (a) of this section.
(2) The Board must conclude any evidentiary
proceedings by the 105th day after the date of
publication of notice under subsection (a) of
this section. The Board must issue a final de-
cision by the 45th day after the date on which
it concludes the evidentiary proceedings.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 841.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 11345 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11326
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