45 U.S.C. § 1007 — Election

Page 237 TITLE 45—RAILROADS § 1007 visions relating to imposition of agreement by the Interstate Commerce Commission if none was reached between the Rock Island Railroad and the employees. Subsec. (c). Pub. L. 97–468 added subsec. (c). Former subsec. (c), which related to direction to the bank- ruptcy trustee to carry out the agreement between the Rock Island Railroad and the employees, was struck out. Subsec. (d). Pub. L. 97–468 added subsec. (d). Former subsec. (d), which prescribed conditions for appeals from orders of the Commission or bankruptcy court, limiting them to the Seventh Circuit Court of Appeals, was struck out. Subsec. (e). Pub. L. 97–468 struck out subsec. (e) which related to prescription of regulations by the Board for the filing and payment of benefits and allowances. 1980—Subsec. (a). Pub. L. 96–448 substituted ‘‘5 days after October 14, 1980’’ for ‘‘10 days after May 30, 1980’’. Subsec. (b). Pub. L. 96–448 substituted ‘‘5 days after October 14, 1980’’ for ‘‘10 days after May 30, 1980’’ and ‘‘15 days after October 14, 1980’’ for ‘‘30 days after May 30, 1980’’. Subsec. (c). Pub. L. 96–448 reenacted subsec. (c) with- out change. Subsec. (d). Pub. L. 96–448 substituted provision that any order of the Commission or bankruptcy court be appealed only to the United States Court of Appeals for the Seventh Circuit for provision that an order of the Commission not be stayed by the Commission or any other court, an order by the bankruptcy court not be stayed by any other court, appeals of Commission or bankruptcy court orders only be made to the court of appeals of the United States having jurisdiction to re- view decisions and orders of the bankruptcy court, and no determinations of the court of appeals be review in any other court. Subsec. (e). Pub. L. 96–448 reenacted subsec. (e) with- out change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–448 effective Oct. 14, 1980, see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy. § 1006. Repealed. Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669 Section, Pub. L. 96–254, title I, § 107, May 30, 1980, 94 Stat. 402, set forth provisions respecting employment of Rock Island Railroad employees. See section 797c of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as an Effective Date note under section 1101 of this title. § 1007. Election (a) Assistance received under employee protec- tion agreement; waiver of other employee protection benefits; exception Any employee who receives any assistance under an employee protection agreement en- tered into or benefit schedule prescribed under section 1005 of this title or any new career train- ing assistance under section 1014 of this title shall be deemed to waive any employee protec- tion benefits otherwise available to such em- ployee under the Bankruptcy Act, subtitle IV of title 49 or any applicable contract or agreement (other than as provided in the agreement en- tered into in Washington, District of Columbia, on March 4, 1980, entitled ‘‘Labor Protective Agreement Between Railroads Parties Hereto Involved in Midwest Rail Restructuring and Em- ployees of Such Railroads Represented by the Rail Labor Organizations Operating Through the Railway Labor Executives’ Association’’). (b) Filing of statement Any employee of the Rock Island Railroad who is entitled to receive assistance under this chapter shall, no later than 120 days after the ef- fective date of any agreement entered into under section 1005(a) of this title or of any ben- efit schedule prescribed under section 1005(b) of this title, as the case may be, file a statement with the Board indicating whether such em- ployee elects to receive (1) assistance under this chapter; or (2) any employee protection benefits otherwise available to such employee under the Bankruptcy Act, subtitle IV of title 49, or any applicable contract or agreement. (c) Effect on priority, timing, etc., of employee protection payments With regard to any employee who elects bene- fits under subsection (b)(2) of this section, noth- ing in this chapter shall be deemed to determine or otherwise affect the priority, status, or tim- ing of payment of, or the liability for any claim for, employee protection which might have ex- isted in the absence of this chapter. (d) Limitation on assistance eligibility An employee shall not be eligible to receive any assistance (other than moving expenses) under an employee protection agreement en- tered into or benefit schedule prescribed under section 1005 of this title or any new career train- ing assistance under section 1014 of this title— (1) during any period in which such em- ployee is employed by any rail carrier pro- viding temporary service over any lines of the Rock Island Railroad; or (2) at any time after the date such employee receives an offer of employment, in his craft and for which such employee is qualified, from a rail carrier acquiring lines of the Rock Is- land Railroad. (Pub. L. 96–254, title I, § 108, May 30, 1980, 94 Stat. 402; Pub. L. 96–448, title VII, § 701(b)(2), Oct. 14, 1980, 94 Stat. 1960; Pub. L. 97–468, title II, § 232, Jan. 14, 1983, 96 Stat. 2547.) Editorial Notes REFERENCES IN TEXT The Bankruptcy Act, referred to in subsecs. (a) and (b), is act July 1, 1898, ch. 541, 30 Stat. 544, which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11. This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L. 96–254, May 30, 1980, 94 Stat. 399, known as the Rock Island Railroad Transition and Employee Assistance Act, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 1001 of this title and Tables. Page 238 TITLE 45—RAILROADS § 1008 1 See References in Text note below. AMENDMENTS 1983—Subsec. (a). Pub. L. 97–468, § 232(1), substituted ‘‘entered into or benefit schedule prescribed’’ for ‘‘or arrangement entered into’’. Subsec. (b). Pub. L. 97–468, § 232(2), substituted ‘‘120 days after the effective date of any agreement entered into under section 1005(a) of this title or of any benefit schedule prescribed under section 1005(b) of this title, as the case may be’’ for ‘‘April 1, 1981’’. Subsec. (d). Pub. L. 97–468, § 232(1), substituted ‘‘en- tered into or benefit schedule prescribed’’ for ‘‘or ar- rangement entered into’’. 1980—Subsec. (a). Pub. L. 96–448 inserted reference to the agreement entered into in Washington on Mar. 4, 1980, and included the title of the agreement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–448 effective Oct. 14, 1980, see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy. § 1008. Repealed. Pub. L. 97–468, title II, § 234(a), Jan. 14, 1983, 96 Stat. 2547 Section, Pub. L. 96–254, title I, § 110, May 30, 1980, 94 Stat. 403; Pub. L. 96–448, title VII, § 701(a)(2), Oct. 14, 1980, 94 Stat. 1959, related to authorization, etc., for ob- ligation guarantees. § 1009. Expedited proceedings (a) The Commission shall give all proceedings involving the Rock Island Railroad preference over all other pending proceedings related to rail carriers and make all of its decisions at the earliest practicable time. (b) The Commission shall, within 100 days of the filing of an application (or such shorter pe- riod as the court may set) pursuant to section 915 of this title, reach a decision on all pro- ceedings filed after January 1, 1980, which in- volve a sale, transfer or lease of any line of the Rock Island Railroad to a solvent carrier. (Pub. L. 96–254, title I, § 111, May 30, 1980, 94 Stat. 404.) 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. § 1010. Applicability of National Environmental Policy Act and section 6362(b) of title 42 The provisions of the National Environmental Policy Act [42 U.S.C. 4321 et seq.] and section 6362(b) of title 42 shall not apply to transactions carried out pursuant to this chapter. (Pub. L. 96–254, title I, § 113, May 30, 1980, 94 Stat. 405.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act, referred to in text, probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L. 96–254, May 30, 1980, 94 Stat. 399, known as the Rock Is- land Railroad Transition and Employee Assistance Act, which is classified principally to this chapter. For com- plete classification of title I to the Code, see Short Title note set out under section 1001 of this title and Tables. § 1011. Authority of Railroad Retirement Board (a) The Board may prescribe such regulations as may be necessary to carry out its duties under this chapter. (b) In carrying out its duties under this chap- ter, the Board may exercise such of the powers, duties, and remedies provided in subsections (a), (b), and (d) of section 362 of this title as are not inconsistent with the provisions of this chapter. (Pub. L. 96–254, title I, § 114, May 30, 1980, 94 Stat. 405.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L. 96–254, May 30, 1980, 94 Stat. 399, known as the Rock Is- land Railroad Transition and Employee Assistance Act, which is classified principally to this chapter. For com- plete classification of title I to the Code, see Short Title note set out under section 1001 of this title and Tables. § 1012. Publications and reports Within 45 days after May 30, 1980, the Board shall publish, and make available for distribu- tion by the Rock Island Railroad to all eligible employees, a document which describes in detail the rights of such employees under sections 1005, 1006,1 1007, and 1014 of this title. (Pub. L. 96–254, title I, § 115, May 30, 1980, 94 Stat. 405.) Editorial Notes REFERENCES IN TEXT Section 1006 of this title, referred to in text, was re- pealed by Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669. § 1013. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section, Pub. L. 96–254, title I, § 117, May 30, 1980, 94 Stat. 406, authorized Secretary of Transportation to ex- empt from requirements of the Safety Appliance Acts any railroad equipment when such requirements pre- clude development or implementation of more efficient railroad transportation equipment or other transpor- tation innovations. See section 20306 of Title 49, Trans- portation.