45 U.S.C. § 797h — Employee and personal injury claims

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 Page 219 TITLE 45—RAILROADS § 797k 1 See References in Text note below. or its successor authority to be the obligation of such railroad. Any liability of an estate of a railroad in reorganization which is assumed, processed, and paid, pursuant to this subsection, by the Corporation or an acquiring railroad shall remain the preconveyance obligation of the estate of such railroad for purposes of sec- tion 721(h)(1) of this title. The Corporation, an acquiring railroad, or the Association, as the case may be, shall be entitled to a direct claim as a current expense of administration, in ac- cordance 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 were discharged or paid. (Pub. L. 93–236, title VII, § 709, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 666.) Statutory Notes and Related Subsidiaries ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. § 797i. Limitations on liability (a) Federal Government The liability of the United States under an agreement entered into or benefit schedule pre- scribed under section 797 1 of this title or for payment of a termination allowance under sec- tion 797a of this title shall be limited to amounts appropriated under section 797l 1 of this title. (b) The Corporation (1) The Corporation, Amtrak Commuter, and commuter authorities shall incur no liability under an agreement entered into or benefit schedule prescribed under section 797 1 of this title or for the payment of a termination allow- ance under section 797a of this title. (2) Notwithstanding any other provision of law, until April 1, 1984, the Corporation shall have no liability for employee protection in the event of a sale of any asset to a purchaser, and such purchaser shall assume the liability for the application of employee protection conditions imposed by the Commission for all employees adversely affected by such sale. (Pub. L. 93–236, title VII, § 710, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 667.) Editorial Notes REFERENCES IN TEXT Section 797 of this title, referred to in subsecs. (a) and (b)(1), 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). Section 797l of this title, referred to in subsec. (a), was repealed 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). 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. § 797j. Preemption No State may adopt or continue in force any law, rule, regulation, order, or standard requir- ing the Corporation to employ any specified number of persons to perform any particular task, function, or operation, or requiring the Corporation to pay protective benefits to em- ployees, and no State in the Region may adopt or continue in force any such law, rule, regula- tion, order, or standard with respect to any rail- road in the Region. (Pub. L. 93–236, title VII, § 711, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 667; amended Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–272 struck out ‘‘, the National Rail- road Passenger Corporation, or the Amtrak Commuter Services Corporation’’ before ‘‘to employ any’’. § 797k. Factfinding panel (a) Purpose The Corporation shall enter into collective bargaining agreements with its employees which provide for the establishment of one or more ad- visory factfinding panels, chaired by a neutral expert in industrial relations, for purposes of recommending changes in operating practices and procedures which result in greater produc- tivity to the maximum extent practicable. (b) National Mediation Board The National Mediation Board shall appoint public members to any panel established by an agreement entered into under this subpara- graph, and shall perform such functions con- tained in the agreement as are consistent with the duties of such Board under the Railway Labor Act [45 U.S.C. 151 et seq.]. (c) Other functions The factfinding panel may, before making its report to the parties, provide mediation, concil- iation, and other assistance to the parties. (Pub. L. 93–236, title VII, § 712, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 668.) Editorial Notes REFERENCES IN TEXT The Railway Labor Act, referred to in subsec. (b), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified