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

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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Stable record: federal_law:legal_authorities:record_usc_71a94ed0e64ccf92ab2d260a
Source file: Laws/federal/codes/united-states-code/title-45/section-908-employee-protection-agreements--f85d5e9ab0.md
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Source location: Title 45, Chapter 18, § 908; chapter-018-milwaukee-railroad-restructuring.md

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

45 U.S.C. § 1018 — Judicial review

**(a) Appeals** Notwithstanding any other provision of law, any appeal from— (1) any decision of the bankruptcy court with respect to the constitutionality of any provision of this chapter; and (2) any decision of the court having jurisdiction over the reorganization of the Milwaukee Railroad with respect to the constitutionality of the Milwaukee Railroad Restructuring Act ([45 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) et seq.), shall be taken to the United States Court of Appeals for the Seventh Circuit. **(b) Appellate proceedings** If appeals are taken from decisions described in subsection (a) of this section involving section 1005 or 1008 11 See References in Text note below. of this title or section 9 or 15 of the Milwaukee Railroad Restructuring Act [[45 U.S.C. 908](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&num=0&edition=prelim) or 915], the court of appeals shall determine such appeals in a consolidated proceeding, sitting en banc. **(c) Action in United States Court of Claims** Nothing in this chapter or in the Milwaukee Railroad Restructuring Act ([45 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) et seq.) shall limit the right of any person to commence an action in the United States Court of Claims 1 under [section 1491 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1491&num=0&edition=prelim) (commonly referred to as the Tucker Act).

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

45 U.S.C. § 911 — New career training assistance

**(a) Eligible employees** Any employee who elects to receive a separation allowance from the Milwaukee Railroad 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 be entitled to receive from the Board expenses for training in qualified institutions for new career opportunities. **(b) Commencement of training as condition** To be entitled for assistance under this section, an employee must begin his course of training within two years following the date of his separation from employment with the Milwaukee Railroad. **(c) Filing of application; Board determination** Entitlement to 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 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 two years.

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

45 U.S.C. § 912 — Election

Any employee who receives any assistance under section 909 or [section 911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section911&num=0&edition=prelim) or 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 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.

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

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

Page 228 TITLE 45—RAILROADS § 907 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 1301 of Title 49. § 907. Railroad hiring Each person who is an employee of the Mil- waukee Railroad on September 30, 1979, and who is separated or furloughed from his employment with such railroad (other than for cause) prior to April 1, 1984, as a result of a reduction of serv- ice by such railroad shall, unless found to be less qualified than other applicants, have the first right of hire by any other rail carrier that is subject to regulation by the Commission for any vacancy that is not covered by (1) an affirmative action plan, or a hiring plan designed to elimi- nate discrimination, that is required by Federal or State statute, regulation, or executive order, or by the order of a Federal 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. (Pub. L. 96–101, § 8, Nov. 4, 1979, 93 Stat. 740; Pub. L. 97–468, title II, § 236(a), Jan. 14, 1983, 96 Stat. 2547.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–468 substitute

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