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 substituted ‘‘April 1, 1984’’ for ‘‘April 1, 1981’’. Statutory Notes and Related Subsidiaries 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. EXEMPTION OF NATIONAL RAILROAD PASSENGER COR- PORATION IN HIRING QUALIFIED TRAIN AND ENGINE EMPLOYEES Section inapplicable to National Railroad Passenger Corporation in hiring of qualified train and engine em- ployees holding seniority rights to work in intercity rail passenger service in connection with the assump- tion by such Corporation of functions previously per- formed under contract by other carriers, see section 4011(c) of Pub. L. 99–272, set out as a note under section 797b of this title. § 908. Employee protection agreements (a) Agreement between Milwaukee Railroad and labor organizations The Milwaukee Railroad and labor organiza- tions representing the employees of such rail- road may, not later than 20 days after November 4, 1979, enter into an agreement providing pro- tection 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 orga- nizations 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 me- diation, 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 sub- section (b) of this section within 40 days after November 4, 1979, the Milwaukee Railroad and the labor organizations representing the em- ployees of such railroad shall immediately enter into an employee protection agreement that is fair and equitable. (2) If an employee protection agreement is en- tered 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. The Board shall determine the amount for which such employee is eligible under such agreement and shall certify such amount to the Milwaukee Railroad for payment. (d) Payment of benefits and allowances Benefits and allowances under an employee protection agreement entered into under this section shall be paid by the Milwaukee Railroad in accordance with section 914 of this title, and claims of employees for such benefits and allow- ances shall be treated as administrative ex- penses of the estate of the Milwaukee Railroad. (Pub. L. 96–101, § 9, Nov. 4, 1979, 93 Stat. 741.) § 909. Supplementary unemployment insurance (a) Eligible employees Any employee of the Milwaukee Railroad— (1) who (A) is employed by the restructured Milwaukee Railroad, and (B) is separated from that employment by reason of any reduction in service by such railroad prior to April 1, 1984; or (2) who (A) is separated from his employ- ment with the Milwaukee Railroad in connec- tion with a restructuring transaction carried