45 U.S.C. § 797m — Arbitration

Page 220 TITLE 45—RAILROADS § 797l 1 See References in Text note below. principally to chapter 8 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 151 of this title and Tables. § 797l. Class II railroads receiving Federal assist- ance The Surface Transportation Board shall im- pose no labor protection conditions in approving an application under section 10902 of title 49 when the application involves a Class II rail car- rier which— (1) is headquartered in a State, and operates in at least one State, with a population of less than 1,000,000 persons, as determined by the 1990 census; and (2) has, as of January 1, 1996, been a recipient of repayable Federal Railroad Administration assistance in excess of $5,000,000. (Pub. L. 93–236, title VII, § 713, as added Pub. L. 104–88, title III, § 327(5)(A), formerly § 327(5), Dec. 29, 1995, 109 Stat. 952, renumbered Pub. L. 104–287, § 6(f)(4)(B), Oct. 11, 1996, 110 Stat. 3399.) Editorial Notes PRIOR PROVISIONS A prior section 797l, Pub. L. 93–236, title VII, § 713, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 668, authorized appropriations to carry out activi- ties for protection of employees of Consolidated Rail Corporation, prior to repeal by Pub. L. 99–509, title IV, § 4033(a)(2), Oct. 21, 1986, 100 Stat. 1908. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of Title 49, Transportation. § 797m. Arbitration Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this subchapter, except sec- tions 797b, 797c, 797g, and 797l 1 of this title, or section 1144 of the Northeast Rail Service Act of 1981, and except those matters subject to judi- cial review under section 1152 of the Northeast Rail Service Act of 1981 [45 U.S.C. 1105], which have not been resolved within 90 days, may be submitted by either party to an Adjustment Board for a final and binding decision thereon as provided in section 153 of this title, in which event the burden of proof on all issues so pre- sented shall be on the Corporation, or the Asso- ciation, where appropriate. (Pub. L. 93–236, title VII, § 714, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 668.) Editorial Notes REFERENCES IN TEXT Section 797l of this title, referred to in text, was re- pealed by Pub. L. 99–509, title IV, § 4033(a)(2), Oct. 21, 1986, 100 Stat. 1908, and a new section 797l of this title was subsequently added by Pub. L. 104–88, § 327(5). Section 1144 of the Northeast Rail Service Act of 1981, referred to in text, is section 1144 of Pub. L. 97–35, title XI, Aug. 13, 1981, 95 Stat. 669, which repealed subchapter V (§ 771 et seq.) of this chapter and sections 910 and 1006 of this title and enacted provisions set out as a note under section 771 of this title. Statutory Notes and Related Subsidiaries ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. CHAPTER 17—RAILROAD REVITALIZATION AND REGULATORY REFORM SUBCHAPTER I—GENERAL PROVISIONS Sec. 801. Declaration of policy. 802. Definitions. 803. Repealed. SUBCHAPTER II—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING 821 to 838. Repealed or Transferred. SUBCHAPTER III—NORTHEAST CORRIDOR PROJECT IMPLEMENTATION 851 to 856. Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 801. Declaration of policy (a) Purpose The purpose of this Act and chapter 224 of title 49, United States Code, is to provide the means to rehabilitate and maintain the physical facili- ties, improve the operations and structure, and restore the financial stability of the railway system of the United States, and to promote the revitalization of such railway system, so that this mode of transportation will remain viable in the private sector of the economy and will be able to provide energy-efficient, ecologically compatible transportation services with greater efficiency, effectiveness, and economy, through— (1) ratemaking and regulatory reform; (2) the encouragement of efforts to restruc- ture the system on a more economically justi- fied basis, including planning authority in the Secretary of Transportation, an expedited pro- cedure for determining whether merger and consolidation applications are in the public in- terest, and continuing reorganization author- ity; (3) financing mechanisms that will assure adequate rehabilitation and improvement of facilities and equipment, implementation of the final system plan, and implementation of the Northeast Corridor project; (4) transitional continuation of service on light-density rail lines that are necessary to continued employment and community well- being throughout the United States; (5) auditing, accounting, reporting, and other requirements to protect Federal funds and to assure repayment of loans and financial responsibility; and (6) necessary studies. (b) Policy The policy of this Act and chapter 224 of title 49, United States Code, is to— (1) balance the needs of carriers, shippers, and the public;