45 U.S.C. § 1113 — Intercity passenger service

Page 246 TITLE 45—RAILROADS § 1113 1 See References in Text note below. 1 See References in Text note below. for the requirement that such debt have higher priority in the event of bankruptcy, liquidation, or abandon- ment of the assets of Conrail than the debt described in par. (1). Subsec. (c)(3). Pub. L. 97–468, § 510(3), added par. (3). 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. 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. § 1113. Intercity passenger service (a) Responsibility of Conrail to provide crews terminated; negotiations for employee trans- fers After January 1, 1983, Conrail shall be relieved of the responsibility to provide crews for inter- city passenger service on the Northeast Cor- ridor. Amtrak, Amtrak Commuter, and Conrail, and the employees with seniority in both freight and passenger service shall commence negotia- tions not later than 120 days after August 13, 1981, for the right of such employees to move from one service to the other once each six- month period. Such agreement shall ensure that Conrail, Amtrak, and Amtrak Commuter have the right to furlough one employee in the same class or craft for each employee who returns through the exercise of seniority rights. If agreement is not reached within 360 days, such matter shall be submitted to binding arbitra- tion. (b) Eligibility of employees for employee protec- tion benefits Conrail employees who are deprived of em- ployment by an assumption or discontinuance of intercity passenger service by Amtrak shall be eligible for employee protection benefits under section 797 1 of this title, notwithstanding any other provision of law, agreement, or arrange- ment, and notwithstanding the inability of such employees otherwise to meet the eligibility re- quirements of such section. Such protection shall be the exclusive protection applicable to Conrail employees deprived of employment or adversely affected by any such assumption or discontinuance. (Pub. L. 97–35, title XI, § 1165, Aug. 13, 1981, 95 Stat. 686; Pub. L. 97–468, title V, § 505(a), Jan. 14, 1983, 96 Stat. 2553.) Editorial Notes REFERENCES IN TEXT Section 797 of this title, referred to in subsec. (b), was repealed by Pub. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 1987). CODIFICATION ‘‘August 13, 1981’’, referred to in subsec. (a), was in the original ‘‘the date of the enactment’’, which was editorially translated as the date of the enactment of this section, as the probable intent of Congress. AMENDMENTS 1983—Pub. L. 97–468, § 505(a), designated existing pro- visions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries CONRAIL EMPLOYEES ELIGIBLE FOR EMPLOYEE PROTEC- TION BENEFITS UNDER REGIONAL RAIL REORGANIZA- TION ACT OF 1973 Pub. L. 97–377, title I, § 137, Dec. 21, 1982, 96 Stat. 1915, provided that: ‘‘Conrail employees who are deprived of employment by assumption or discontinuance of inter- city passenger service by Amtrak shall hereafter be eli- gible for employee protection benefits under section 701 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797), notwithstanding any other provision of law, agreement, or arrangement, and notwithstanding the inability of such employees otherwise to meet the eligi- bility requirements of such section. Such protection shall be the exclusive protection applicable to Conrail employees deprived of employment or adversely af- fected by any such assumption or discontinuance.’’ § 1114. Repealed. Pub. L. 99–509, title IV, § 4033(c)(1)(C)(i)(III), Oct. 21, 1986, 100 Stat. 1908 Section, Pub. L. 97–35, title XI, § 1166, Aug. 13, 1981, 95 Stat. 686, related to grant of trackage rights to any ter- minal railroad operating primarily in Philadelphia. § 1115. Redemption of stock For the purpose of computing the amount for which certificates of value shall be redeemable under section 746 of this title, the series B pre- ferred stock and the common stock conveyed to the Secretary under section 1107 1 of this title shall be deemed to be without fair market value unless in a proceeding brought under section 1105(a)(4) of this title the special court shall have determined that such securities had a value and shall have entered a judgment against the United States for that value. In such an event, the securities shall for purposes of sec- tion 746 of this title be deemed to have that value found by the special court. (Pub. L. 97–35, title XI, § 1167(b), Aug. 13, 1981, 95 Stat. 686.) Editorial Notes REFERENCES IN TEXT Section 1107 of this title, referred to in text, was re- pealed by Pub. L. 99–509, title IV, § 4033(c)(1)(C)(i)(I), Oct. 21, 1986, 100 Stat. 1908. CODIFICATION Section is comprised of subsec. (b) of section 1167 of Pub. L. 97–35. Subsec. (a) of section 1167 amended sec-