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45 U.S.C. § 1346 — Resolution of certain issues

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

45 U.S.C. § 1346 — Resolution of certain issues

**(a) Employee issues** Section 4024 completely and finally— (1) extinguishes all employee rights, and any obligation of the United States, under section 761(e) 11 See References in Text note below. of this title as in effect immediately before October 21, 1986; (2) resolves any and all claims against the Corporation or any other person arising under the Definitive Agreement referred to in section 4024(d)(1) or any other agreement containing similar terms and conditions; (3) resolves all claims to pay entitlements arising out of the pay increase deferrals by present and former employees of the Corporation under the Agreement of May 5, 1981, between Conrail and Certain Labor Organizations for Labor Contributions to Self-Sufficiency for Conrail; (4) resolves all issues raised by notices served by representatives of such employees under [section 156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section156&num=0&edition=prelim) proposing repayment of or compensation for such deferrals; and (5) resolves all claims against the Railway Labor Executives’ Association or the Corporation by any adviser, consultant, or other person who has provided services to such association in connection with any matter referred to in this subchapter. **(b) Corporation actions** The Corporation shall not be considered to be in breach, default, or violation of any agreement to which it is a party, notwithstanding any provision of such agreement, because of any provision of this subchapter or any action the Corporation is required to take under this subchapter. **(c) Right to sue withdrawn** The United States hereby withdraws any stated or implied consent for the United States, or any agent or officer of the United States, to be sued by any person for a

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Source location: Title 45, Chapter 22, § 1346; chapter-022-conrail-privatization.md

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

45 U.S.C. § 156 — Procedure in changing rates of pay, rules, and working conditions

Carriers and representatives of the employees shall give at least thirty days’ written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of conference between the representatives of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time shall be within the thirty days provided in the notice. In every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon, as required by [section 155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section155&num=0&edition=prelim), by the Mediation Board, unless a period of ten days has elapsed after termination of conferences without request for or proffer of the services of the Mediation Board.

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

45 U.S.C. § 797 — Repealed. Pub. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904

### Statutory Notes Section, Pub. L. 93–236, title VII, § 701, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 661; Pub. L. 99–509, title IV, § 4024(a), (b), Oct. 21, 1986, 100 Stat. 1903, related to employee protection agreement. #### Repeal of Section; Continuing Responsibilities of Consolidated Rail Corporation After Sale Date Pub. L. 99–509, title IV, § 4024(c)–(f), Oct. 21, 1986, 100 Stat. 1904, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(c) Repeal of Section 701.—Section 701 of the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 797](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797&num=0&edition=prelim)] is repealed effective on the sale date [Apr. 2, 1987, see [45 U.S.C. 702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section702&num=0&edition=prelim)(17A)]. Notwithstanding this repeal—“(1) any dispute or controversy regarding benefits under section 701 shall be determined under the terms of the law in effect prior to such repeal; and “(2) the Railroad Retirement Board shall take such actions as may be necessary to complete administration and closeout of the section 701 program and the Board is authorized to receive and apply Corporation funds for this purpose. “(d) Continuing Responsibilities.—(1) On and after the sale date, the Corporation shall provide the protection for its employees described in ‘Part III, Article III, Employee Protection’, of the ‘Definitive Agreement of September 17, 1985, By and Between Conrail and the Undersigned Representatives of Conrail’s Agreement Employees’ and Appendix 3 thereto, together with any amendments thereto, or under any other terms and conditions as shall be agreed between the Corporation and the repr

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

45 U.S.C. § 726 — Debentures and series A preferred stock

**(a) General** The Association is authorized, in accordance with the provisions of this section, and such rules and regulations as it may prescribe, to invest from time to time in the securities of the Corporation by purchasing (1) up to $1,000,000,000 of debentures issued by the Corporation, and (2) after the acquisition of such debentures, up to $2,629,000,000 of the series A preferred stock of the Corporation. **(b) Purposes and procedure for investment** (1) The Association is authorized to purchase debentures and, thereafter, series A preferred stock of the Corporation at such times and in such amounts as may be required and requested by the Corporation in accordance with the terms and conditions governing such purchases (which shall be prescribed by the Association), to provide— (A) for the modernization, rehabilitation and maintenance of rail properties of the Corporation; (B) for the acquisition of equipment and other capital needs; (C) for the refinancing of indebtedness which was incurred by the Corporation under [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section721&num=0&edition=prelim) or which was incurred under [section 725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section725&num=0&edition=prelim) and assumed by the Corporation; or (D) working capital as contemplated by the final system plan. (2) Purchases of up to $1,000,000,000 of debentures and, thereafter, of up to $2,300,000,000 of series A preferred stock shall be made by the Association as required and requested by the Corporation, unless the Finance Committee makes an affirmative finding that— (A) the Corporation has failed in any material respect to comply with any covenants or undert

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

45 U.S.C. § 1346 — Resolution of certain issues

Page 268 TITLE 45—RAILROADS § 1343 1 See References in Text note below. § 1343. Charter amendment Within 60 days after October 21, 1986, the Cor- poration shall amend its Articles of Incorpora- tion to contain the following provision, which provision shall not be subject to amendment or repeal: ‘‘It shall be a fundamental purpose of the Cor- poration to maintain continued rail service in its service area.’’. (Pub. L. 99–509, title IV, § 4035, Oct. 21, 1986, 100 Stat. 1909.) § 1344. Status of Conrail after sale The Corporation shall be a rail carrier as de- fined in section 10102 of title 49, notwithstanding this subchapter. (Pub. L. 99–509, title IV, § 4036, Oct. 21, 1986, 100 Stat. 1909; Pub. L. 104–88, title III, § 332, Dec. 29, 1995, 109 Stat. 953.) Editorial Notes AMENDMENTS 1995—Pub. L. 104–88 substituted ‘‘section 10102’’ for ‘‘section 10102(19)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. § 1345. Effect on contracts Nothing in this subchapter shall affect any ob- ligation of the Corporation to carry out its transportation contracts and equipment leases, equipment trusts, and conditional sales agree- ments, in accordance with their terms. (Pub. L. 99–509, title IV, § 4037, Oct. 21, 1986, 100 Stat. 1909.) § 1346. Resolution of certain issues (a) Employee issues Section 4024 completely and finally— (1) extinguishes all employee rights, and any obligation of the United States, under section 761(e) 1 of this title as in effect immediately before October 21, 1986; (2) resolves any and all claims against the Corporation or any other perso

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