45 U.S.C. § 797g — New collective-bargaining agreements

Page 218 TITLE 45—RAILROADS § 797g 1 See References in Text note below. ment, or facilities which has been performed by practice or agreement in accordance with provi- sions of the existing contracts in effect with the representatives of the employees of the classes or crafts involved shall continue to be performed by the Corporation’s employees, including em- ployees on furlough. Should the Corporation lack a sufficient number of employees, including employees on furlough, and be unable to hire ad- ditional employees, to perform the work re- quired, it shall be permitted to subcontract that part of such work which cannot be performed by its employees, including those on furlough, ex- cept where agreement by the representatives of the employees of the classes or crafts involved is required by applicable collective-bargaining agreements. The term ‘‘unable to hire additional employees’’ as used in this section contemplates establishment and maintenance by the Corpora- tion of an apprenticeship, training, or recruit- ment program to provide an adequate number of skilled employees to perform the work. (Pub. L. 93–236, title VII, § 707, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 665.) § 797g. New collective-bargaining agreements (a) Agreement Not later than 60 days after the effective date of any conveyance pursuant to the provisions of this chapter, the representatives of the various classes or crafts of employees of a railroad in re- organization involved in a conveyance and rep- resentatives of the Corporation shall commence negotiation of a new single collective bargaining agreement for each class and craft of employees covering the rate of pay, rules, and working con- ditions of employees who are the employees of the Corporation. Such collective bargaining agreement shall include appropriate provisions concerning rates of pay, rules, and working con- ditions, but shall not, before April 1, 1984, in- clude any provisions for job stabilization which may exceed or conflict with those established herein. Negotiations with respect to such single collective bargaining agreement, and any suc- cessor thereto, shall be conducted systemwide. (b) Procedure (1) Any procedure for finally determining the components of the first single collective bar- gaining agreement for any class or craft, agreed upon before August 13, 1981, shall be completed no later than 45 days after August 13, 1981. Such agreed upon procedure shall be deemed to sat- isfy the requirements of sections 157 and 158 of this title. The National Mediation Board shall appoint any person as provided for by such agreements. (2) Nothing in this section shall be construed to require the parties to enter into a new single collective bargaining agreement if the agree- ment between the parties in effect immediately prior to August 13, 1981, complied with section 774(d) 1 of this title as in effect immediately prior to such date. (c) Railway Labor Act notices Employees of the Corporation may not serve notices under section 156 of this title for the purpose of negotiating job stabilization or other protective agreements with the Corporation until after April 1, 1984. (Pub. L. 93–236, title VII, § 708, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 665.) Editorial Notes REFERENCES IN TEXT Section 774 of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 97–35, title XI, § 1144(a)(1), Aug. 13, 1981, 95 Stat. 669. § 797h. Employee and personal injury claims (a) Liability for employee claims In all cases of claims, prior to April 1, 1976, by employees, arising under the collective bar- gaining agreements of the railroads in reorga- nization in the Region, and subject to section 153 of this title, the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier, as the case may be, shall assume respon- sibility for the processing of any such claims, and payment of those which are sustained or settled on or subsequent to the date of convey- ance, under section 743(b)(1) of this title, and shall be entitled to direct reimbursement from the Association pursuant to section 721(h) of this title, to the extent that such claims are de- termined by the Association to be the obligation of a railroad in reorganization in the Region. Any liability of an estate of a railroad in reorga- nization to its employees which is assumed, processed, and paid pursuant to this subsection by the Corporation, the National Railroad Pas- senger Corporation, or an acquiring carrier shall remain the preconveyance obligation of the es- tate of such railroad for purposes of section 721(h)(1) of this title. The Corporation, the Na- tional Railroad Passenger Corporation, an ac- quiring carrier, or the Association, as the case may be, shall be entitled to a direct claim as a current expense of administration, in accord- ance with the provisions of section 721(h) of this title (other than paragraph (4)(A) thereof), for reimbursement (including costs and expenses of processing such claims) from the estate of the railroad in reorganization on whose behalf such obligations are discharged or paid. In those cases in which claims for employees were sus- tained or settled prior to such date of convey- ance, it shall be the obligation of the employees to seek satisfaction against the estate of the railroads in reorganization which were their former employers. (b) Assumption of personal injury claims All cases or claims by employees or their per- sonal representatives for personal injuries or death against a railroad in reorganization in the Region arising prior to the date of conveyance of rail properties, pursuant to section 743 of this title, shall be assumed by the Corporation or an acquiring railroad, as the case may be. The Cor- poration or the acquiring railroad shall process and pay any such claims that are sustained or settled, and shall be entitled to direct reim- bursement from the Association pursuant to section 721(h) of this title, to the extent that such claims are determined by the Association