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45 U.S.C. § 1005 — Employee protection agreement

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

45 U.S.C. § 1005 — Employee protection agreement

**(a) Authorization; time for agreement; use of funds** The Secretary and the representatives of the various classes and crafts of employees of the Rock Island Railroad shall, not later than 90 days after January 14, 1983, enter into an agreement providing protection for employees of the Rock Island Railroad who are adversely affected as a result of a reduction in service by such Railroad. Such agreement may provide for the use of funds described in subsection (c) of this section for the following purposes: (1) Subsistence allowances to employees. (2) Moving expenses for employees who must make a change in residence. (3) Retraining expenses for employees who are seeking employment in new areas. (4) Separation allowances for employees. (5) Health and welfare insurance premiums. (6) Such other purposes as may be agreed upon by the parties. **(b) Failure to reach agreement; benefit schedule** If the parties are unable to reach agreement within the time period specified in subsection (a) of this section, the Secretary shall, within 30 days after the expiration of such time period, prescribe a schedule of benefits for employee protection not inconsistent with the provisions of this chapter. **(c) Limitations on funds** Any agreement entered into under subsection (a) of this section, and any benefit schedule prescribed under subsection (b) of this section, shall not require the expenditure of funds in excess of amounts authorized to be appropriated under [section 727(f)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section727/f/1/C&num=0&edition=prelim), nor shall any individual employee receive benefits in excess of $20,000 under such agreement or benefit schedule. No benefits or assistance may be provided under any agreeme

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Stable record: federal_law:legal_authorities:record_usc_526904f496218cf22989bb8a
Source file: Laws/federal/codes/united-states-code/title-45/section-1005-employee-protection-agreement--bea0227e21.md
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Source location: Title 45, Chapter 19, § 1005; chapter-019-rock-island-railroad-employee-assistance.md

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

45 U.S.C. § 1001 — Congressional findings

Congress hereby finds that— (1) uninterrupted continuation of services over Rock Island lines is dependent on adequate employee protection provisions covering Rock Island Railroad employees who are not hired by other railroads; (2) for those Rock Island Railroad employees not hired by other rail carriers, there is no other practicable means of obtaining funds to meet the necessary costs of such employee protection that are assumed by the Rock Island Railroad; (3) a cessation of necessary operations of the Rock Island Railroad would have serious repercussions on the economies of the States in which such railroad principally operates; and (4) premature cessation of services over lines which are the subject of pending purchase application would result in harm to the shipping public and could imperil continuation of vital commuter service.

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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. § 1007 — Election

**(a) Assistance received under employee protection agreement; waiver of other employee protection benefits; exception** Any employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005&num=0&edition=prelim) or any new career training assistance under [section 1014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1014&num=0&edition=prelim) shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act, subtitle IV of title 49 or any applicable contract or agreement (other than as provided in the agreement entered into in Washington, District of Columbia, on March 4, 1980, entitled “Labor Protective Agreement Between Railroads Parties Hereto Involved in Midwest Rail Restructuring and Employees of Such Railroads Represented by the Rail Labor Organizations Operating Through the Railway Labor Executives’ Association”). **(b) Filing of statement** Any employee of the Rock Island Railroad who is entitled to receive assistance under this chapter shall, no later than 120 days after the effective date of any agreement entered into under [section 1005(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/a&num=0&edition=prelim) or of any benefit schedule prescribed under [section 1005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/b&num=0&edition=prelim), as the case may be, file a statement with the Board indicating whether such employee elects to receive (1) assistance under this chapter; or (2) any employee prot

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

45 U.S.C. § 1014 — New career training assistance

**(a) Eligible employees** An employee who elects to receive a separation allowance under an employee protection agreement entered into or a benefit schedule prescribed under [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005&num=0&edition=prelim) may, if so provided under such agreement or benefit schedule, receive from the Board reasonable expenses for training in qualified institutions for new career opportunities. **(b) Conditions for assistance** To be eligible for assistance under this section, an employee— (1) must first exhaust any Federal educational benefits available to such employee under any existing program; and (2) must begin his course of training within 2 years following the date of such employee’s separation from employment with the Rock Island Railroad. **(c) Determination of reasonable expenses by Board** Reasonable expenses for assistance under this section shall be determined by the Board on the basis of an application therefor filed by an employee with the Board. **(d) Assistance prohibited after April 1, 1984** No assistance may be provided under this section after April 1, 1984. **(e) Definitions** As used in this section— (1) the term “expenses” means actual, reasonable expenses paid for room, board, tuition, fees, or educational material in an amount not to exceed $3,000; and (2) the term “qualified institution” means an educational institution accredited for payment by the Veterans’ Administration under chapter 36 of title 38, or a State-accredited institution which has been in existence for not less than 2 years.

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

45 U.S.C. § 727 — Additional purchases of Series A preferred stock

**(a) Federal investment** In addition to the authority provided under [section 726 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section726&num=0&edition=prelim), the Association shall purchase shares of Series A preferred stock and accounts receivable of the Corporation after August 13, 1981, in amounts not to exceed a total of $137,000,000. **(b) Accounts receivable** (1) In any further purchase under this section or [section 726 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section726&num=0&edition=prelim) the Association shall purchase accounts receivable of the Corporation attributable to the dispute over the right-of-way related costs described in section 1111 11 See References in Text note below. of this title until the Commission resolves such dispute under such section, and accounts receivable of the Corporation attributable to delays in reimbursement from commuter authorities. (2) From funds provided under this section or [section 726 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section726&num=0&edition=prelim), the Association shall purchase Series A preferred stock of the Corporation, to the extent of losses on commuter service, in an amount not to exceed $15,000,000. **(c) States and localities** The Corporation shall be exempt from liability for any State tax, except for any tax imposed by any political subdivision of a State applicable to any taxable period commencing before January 1, 1987. **(d) Debentures** The Association shall return debentures to the Corporation in an amount equal to the value of the properties conveyed by the Corporation to Amtrak Commuter and any commuter authority. **(e) Rights retained** The Corporation shall

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

45 U.S.C. § 1005 — Employee protection agreement

Page 236 TITLE 45—RAILROADS § 1005 other applicants, have the first right of hire by any other rail carrier that is subject to regula- tion by the Commission for any vacancy that is not covered by (1) an affirmative action plan, or a hiring plan designed to eliminate discrimina- tion, that is required by Federal or State stat- ute, regulations, or Executive order, or by the order of a Federal or State court or agency, or (2) a permissible voluntary affirmative action plan. For purposes of this section, a rail carrier shall not be considered to be hiring new employ- ees when it recalls any of its own furloughed employees. (b) The rights afforded to Rock Island Rail- road employees by this section shall be coequal to the rights afforded to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company em- ployees by section 907 of this title. (Pub. L. 96–254, title I, § 105, May 30, 1980, 94 Stat. 400; Pub. L. 97–468, title II, § 236(b), Jan. 14, 1983, 96 Stat. 2547.) Editorial Notes AMENDMENTS 1983—Subsec. (a). Pub. L. 97–468 substituted ‘‘January 1, 1984’’ for ‘‘January 1, 1981’’. Statutory Notes and Related Subsidiaries 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 13

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