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45 U.S.C. § 159a — Special procedure for commuter service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of provisions** Except as provided in section 590(h) 11 See References in Text note below. of this title, the provisions of this section shall apply to any dispute subject to this chapter between a publicly funded and publicly operated carrier providing rail commuter service (including the Amtrak Commuter Services Corporation) and its employees.
**(b) Request for establishment of emergency board** If a dispute between the parties described in subsection (a) is not adjusted under the foregoing provisions of this chapter and the President does not, under [section 160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section160&num=0&edition=prelim), create an emergency board to investigate and report on such dispute, then any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish such an emergency board.
**(c) Establishment of emergency board**
(1) Upon the request of a party or a Governor under subsection (b), the President shall create an emergency board to investigate and report on the dispute in accordance with [section 160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section160&num=0&edition=prelim). For purposes of this subsection, the period during which no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose shall be 120 days from the day of the creation of such emergency board.
(2) If the President, in his discretion, creates a board to investigate and report on a dispute between the parties described in subsection (a), the provisions of this section shall apply to the same extent as if such board had been cre
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Source location: Title 45, Chapter 8, § 159a; chapter-008-railway-labor.md
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**(a) Applicability of provisions** Except as provided in section 590(h) 11 See References in Text note below. of this title, the provisions of this section shall apply to any dispute subject to this chapter between a publicly funded and publicly operated carrier providing rail commuter service (including the Amtrak Commuter Services Corporation) and its employees.
**(b) Request for establishment of emergency board** If a dispute between the parties described in subsection (a) is not adjusted under the foregoing provisions of this chapter and the President does not, under [section 160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section160&num=0&edition=prelim), create an emergency board to investigate and report on such dispute, then any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish such an emergency board.
**(c) Establishment of emergency board**
(1) Upon the request of a party or a Governor under subsection (b), the President shall create an emergency board to investigate and report on the dispute in accordance with [section 160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section160&num=0&edition=prelim). For purposes of this subsection, the period during which no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose shall be 120 days from the day of the creation of such emergency board.
(2) If the President, in his discretion, creates a board to investigate and report on a dispute between the parties described in subsection (a), the provisions of this section shall apply to the same extent as if such board had been created pursuant to paragraph (1) of this subsection.
**(d) Public hearing by National Mediation Board upon failure of emergency board to effectuate settlement of dispute** Within 60 days after the creation of an emergency board under this section, if there has been no settlement between the parties, the National Mediation Board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony setting forth the reasons it has not accepted the recommendations of the emergency board for settlement of the dispute.
**(e) Establishment of second emergency board** If no settlement in the dispute is reached at the end of the 120-day period beginning on the date of the creation of the emergency board, any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish another emergency board, in which case the President shall establish such emergency board.
**(f) Submission of final offers to second emergency board by parties** Within 30 days after creation of a board under subsection (e), the parties to the dispute shall submit to the board final offers for settlement of the dispute.
**(g) Report of second emergency board** Within 30 days after the submission of final offers under subsection (f), the emergency board shall submit a report to the President setting forth its selection of the most reasonable offer.
**(h) Maintenance of status quo during dispute period** From the time a request to establish a board is made under subsection (e) until 60 days after such board makes its report under subsection (g), no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose.
**(i) Work stoppages by employees subsequent to carrier offer selected; eligibility of employees for benefits** If the emergency board selects the final offer submitted by the carrier and, after the expiration of the 60-day period described in subsection (h), the employees of such carrier engage in any work stoppage arising out of the dispute, such employees shall not be eligible during the period of such work stoppage for benefits under the Railroad Unemployment Insurance Act [[45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.].
**(j) Work stoppages by employees subsequent to employees offer selected; eligibility of employer for benefits** If the emergency board selects the final offer submitted by the employees and, after the expiration of the 60-day period described in subsection (h), the carrier refuses to accept the final offer submitted by the employees and the employees of such carrier engage in any work stoppage arising out of the dispute, the carrier shall not participate in any benefits of any agreement between carriers which is designed to provide benefits to such carriers during a work stoppage.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, except when used in amending the provisions of other Acts—
**(a)** The term “employer” means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: Provided, however, That the term “employer” shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Surface Transportation Board is hereby authorized and directed upon request of the Railroad Retirement Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term “employer” shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or mor
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that—
(1) the processes set in motion by 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.] have failed to create a self-sustaining railroad system in the Northeast region of the United States and have cost United States taxpayers many billions of dollars over original estimates;
(2) current arrangements for the provision of rail freight and commuter service in the Northeast and Midwest regions of the United States are inadequate to meet the transportation needs of the public and the needs of national security;
(3) although the Federal Government has provided billions of dollars in assistance for Conrail and its employees, the Federal interest in ensuring the flow of interstate commerce through rail service in the private sector has not been achieved, and the protection of interstate commerce requires Federal intervention to preserve essential rail service in the private sector;
(4) the provisions for protection of employees of bankrupt railroads contained in 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.] have resulted in the payment of benefits far in excess of levels anticipated at the time of enactment, have imposed an excessive fiscal burden on the Federal taxpayer, and are now an obstacle to the establishment of improved rail service and continued rail employment in the Northeast region of the United States; and
(5) since holding Conrail liable for employee protection payments would destroy its prospects of becoming a profitable carrier and further injure its employees, an alternative
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Federal law — U.S. Code and appendices · legal_authorities
If a dispute between a carrier and its employees be not adjusted under the foregoing provisions of this chapter and should, in the judgment of the Mediation Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the Mediation Board shall notify the President, who may thereupon, in his discretion, create a board to investigate and report respecting such dispute. Such board shall be composed of such number of persons as to the President may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise interested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the President within thirty days from the date of its creation.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Railroad Unemployment Insurance Act”.
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Federal law — U.S. Code and appendices · legal_authorities
Page 24
TITLE 45—RAILROADS
§ 159a
1 See References in Text note below.
the court in which the award has been filed, the
court shall enter judgment on the award, which
judgment shall be final and conclusive on the
parties.
Third. Impeachment of award; grounds
Such petition for the impeachment or con-
testing of any award so filed shall be enter-
tained by the court only on one or more of the
following grounds:
(a) That the award plainly does not conform to
the substantive requirements laid down by this
chapter for such awards, or that the proceedings
were not substantially in conformity with this
chapter;
(b) That the award does not conform, nor con-
fine itself, to the stipulations of the agreement
to arbitrate; or
(c) That a member of the board of arbitration
rendering the award was guilty of fraud or cor-
ruption; or that a party to the arbitration prac-
ticed fraud or corruption which fraud or corrup-
tion affected the result of the arbitration: Pro-
vided, however, That no court shall entertain any
such petition on the ground that an award is in-
valid for uncertainty; in such case the proper
remedy shall be a submission of such award to a
reconvened board, or subcommittee thereof, for
interpretation, as provided by this chapter: Pro-
vided further, That an award contested as herein
provided shall be construed liberally by the
court, with a view to favoring its validity, and
that no award shall be set aside for trivial irreg-
ularity or clerical error, going only to form and
not to substance.
Fourth. Effect of partial invalidity of award
If the court shall determine that a part of the
award is invalid on some ground or grounds des-
ignated in this section as a ground of invalidity,
but shall determine that a part of the award is
valid,
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 159a
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 45—RAILROADS
§ 351
Omitted sections
I.R.C. 1939
I.R.C. 1986
270 ..............................
3802 .......................
7511.
271 ..............................
272 ..............................
1535 .......................
7805(a), (c).
273 ..............................
Statutory Notes and Related Subsidiaries
COMPENSATION
FROM
LOCAL
DIVISION
OF
RAILWAY-
LABOR-ORGANIZATION
EMPLOYER
TAX—UNPAID
BE-
FORE JULY 1, 1940
Act Oct. 10, 1940, ch. 842, § 27(b), 54 Stat. 1101, provided
that, for the purpose of determining the amount of
taxes under sections 262(a) and 263(a) of this title, com-
pensation earned in the service of a local lodge or divi-
sion of a railway-labor-organization employer shall be
disregarded with respect to any calendar month if the
amount thereof is less than $3 and the taxes thereon
under such sections are not paid before July 1, 1940.
CHAPTER 11—RAILROAD UNEMPLOYMENT
INSURANCE
Sec.
351.
Definitions.
352.
Benefits.
353.
Qualifying condition.
354.
Disqualifying conditions.
355.
Claims for benefits.
355a.
Acceptance of claims for benefits.
356.
Returns
of
compensation;
conclusiveness;
failure to make.
357.
Free transportation.
358.
Contributions.
359.
Penalties.
360.
Railroad unemployment insurance account.
361.
Railroad unemployment insurance adminis-
tration fund.
362.
Duties and powers of Board.
363.
Exclusiveness of provisions; transfers from
State
unemployment
compensation
ac-
counts to railroad unemployment insurance
account.
363a.
Refunds of State unemployment contribu-
tions by employees; amount; application pe-
riod; definitions.
364.
District of Columbia account, transfer of
funds to railroad unemployment insurance
account.
365.
Omitted.
366.
Separability.
366a.
Effec
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 351
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