45 U.S.C. § 1005 | Employee protection agreement

(a)

Authorization; time for agreement; use of funds

January 14, 1983The Secretary and the representatives of the various classes and crafts of employees of the Rock Island Railroad shall, not later than 90 days after , enter into an agreement providing protection for employees of the Rock Island Railroad who are adversely affected as a result of a reduction in service by such Railroad. Such agreement may provide for the use of funds described in subsection (c) of this section for the following purposes:

(1)

Subsistence allowances to employees.

(2)

Moving expenses for employees who must make a change in residence.

(3)

Retraining expenses for employees who are seeking employment in new areas.

(4)

Separation allowances for employees.

(5)

Health and welfare insurance premiums.

(6)

Such other purposes as may be agreed upon by the parties.

(b)

Failure to reach agreement; benefit schedule

If the parties are unable to reach agreement within the time period specified in subsection (a) of this section, the Secretary shall, within 30 days after the expiration of such time period, prescribe a schedule of benefits for employee protection not inconsistent with the provisions of this chapter.

(c)

Limitations on funds

section 727(f)(1)(C) of this titleApril 1, 1984Any agreement entered into under subsection (a) of this section, and any benefit schedule prescribed under subsection (b) of this section, shall not require the expenditure of funds in excess of amounts authorized to be appropriated under , nor shall any individual employee receive benefits in excess of $20,000 under such agreement or benefit schedule. No benefits or assistance may be provided under any agreement entered into or benefit schedule prescribed under this section after .

(d)

Administration of funds; promulgation of regulations

The Board shall, in such manner as it shall prescribe by regulation, administer the distribution of funds under any agreement entered into or benefit schedule prescribed under this section, and shall determine the amount for which each employee is eligible under such agreement or benefit schedule. Such regulation shall include procedures to resolve by final and binding arbitration any dispute over an employee’s eligibility or claim.

Pub. L. 96–254, title I, § 106May 30, 198094 Stat. 401 Pub. L. 96–448, title VII, § 701(b)(1)Oct. 14, 198094 Stat. 1959 Pub. L. 97–468, title II, § 231Jan. 14, 198396 Stat. 2546(, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 96–254May 30, 198094 Stat. 399 section 1001 of this titleThis chapter, referred to in subsec. (b), was in the original “this Act”, which probably was meant to be a reference to “this title”, meaning title I (§ 101 et seq.) of , , , as amended, 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 and Tables.

Codification

section 106 of Pub. L. 96–254 Pub. L. 97–468 section 106 of Pub. L. 96–254 section 231f(b)(7) of this titlePrior to the general amendment of by , section was comprised of subsecs. (a) to (e) of , and subsec. (f) of section 106 amended .

Amendments

Pub. L. 97–4681983—Subsec. (a). substituted provisions relating to an agreement between the Secretary and the employees for provisions relating to an agreement between the Rock Island Railroad and the employees.

Pub. L. 97–468Subsec. (b). substituted provisions relating to the prescription of benefits by the Secretary if no agreement is reached with the employees, for provisions relating to imposition of agreement by the Interstate Commerce Commission if none was reached between the Rock Island Railroad and the employees.

Pub. L. 97–468Subsec. (c). added subsec. (c). Former subsec. (c), which related to direction to the bankruptcy trustee to carry out the agreement between the Rock Island Railroad and the employees, was struck out.

Pub. L. 97–468Subsec. (d). 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.

Pub. L. 97–468Subsec. (e). struck out subsec. (e) which related to prescription of regulations by the Board for the filing and payment of benefits and allowances.

Pub. L. 96–448October 14, 1980May 30, 19801980—Subsec. (a). substituted “5 days after ” for “10 days after ”.

Pub. L. 96–448October 14, 1980May 30, 1980October 14, 1980May 30, 1980Subsec. (b). substituted “5 days after ” for “10 days after ” and “15 days after ” for “30 days after ”.

Pub. L. 96–448Subsec. (c). reenacted subsec. (c) without change.

Pub. L. 96–448Subsec. (d). 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 review decisions and orders of the bankruptcy court, and no determinations of the court of appeals be review in any other court.

Pub. L. 96–448Subsec. (e). reenacted subsec. (e) without change.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–448Oct. 14, 1980section 710(d) of Pub. L. 96–448 section 1170 of Title 11Amendment by effective , see , set out as a note under , Bankruptcy.