
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC159a]

 
                           TITLE 45--RAILROADS
 
                        CHAPTER 8--RAILWAY LABOR
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 159a. Special procedure for commuter service


(a) Applicability of provisions

    Except as provided in section 590(h) \1\ of this title, the 
provisions of this section shall apply to any dispute subject to this 
chapter between a publicly funded and publicly operated carrier 
providing rail commuter service (including the Amtrak Commuter Services 
Corporation) and its employees.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(b) Request for establishment of emergency board

    If a dispute between the parties described in subsection (a) of this 
section is not adjusted under the foregoing provisions of this chapter 
and the President does not, under section 160 of this title, create an 
emergency board to investigate and report on such dispute, then any 
party to the dispute or the Governor of any State through which the 
service that is the subject of the dispute is operated may request the 
President to establish such an emergency board.

(c) Establishment of emergency board

    (1) Upon the request of a party or a Governor under subsection (b) 
of this section, the President shall create an emergency board to 
investigate and report on the dispute in accordance with section 160 of 
this title. For purposes of this subsection, the period during which no 
change, except by agreement, shall be made by the parties in the 
conditions out of which the dispute arose shall be 120 days from the day 
of the creation of such emergency board.
    (2) If the President, in his discretion, creates a board to 
investigate and report on a dispute between the parties described in 
subsection (a) of this section, the provisions of this section shall 
apply to the same extent as if such board had been created pursuant to 
paragraph (1) of this subsection.

(d) Public hearing by National Mediation Board upon failure of emergency 
        board to effectuate settlement of dispute

    Within 60 days after the creation of an emergency board under this 
section, if there has been no settlement between the parties, the 
National Mediation Board shall conduct a public hearing on the dispute 
at which each party shall appear and provide testimony setting forth the 
reasons it has not accepted the recommendations of the emergency board 
for settlement of the dispute.

(e) Establishment of second emergency board

    If no settlement in the dispute is reached at the end of the 120-day 
period beginning on the date of the creation of the emergency board, any 
party to the dispute or the Governor of any State through which the 
service that is the subject of the dispute is operated may request the 
President to establish another emergency board, in which case the 
President shall establish such emergency board.

(f) Submission of final offers to second emergency board by parties

    Within 30 days after creation of a board under subsection (e) of 
this section, the parties to the dispute shall submit to the board final 
offers for settlement of the dispute.

(g) Report of second emergency board

    Within 30 days after the submission of final offers under subsection 
(f) of this section, the emergency board shall submit a report to the 
President setting forth its selection of the most reasonable offer.

(h) Maintenance of status quo during dispute period

    From the time a request to establish a board is made under 
subsection (e) of this section until 60 days after such board makes its 
report under subsection (g) of this section, no change, except by 
agreement, shall be made by the parties in the conditions out of which 
the dispute arose.

(i) Work stoppages by employees subsequent to carrier offer selected; 
        eligibility of employees for benefits

    If the emergency board selects the final offer submitted by the 
carrier and, after the expiration of the 60-day period described in 
subsection (h) of this section, the employees of such carrier engage in 
any work stoppage arising out of the dispute, such employees shall not 
be eligible during the period of such work stoppage for benefits under 
the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

(j) Work stoppages by employees subsequent to employees offer selected; 
        eligibility of employer for benefits

    If the emergency board selects the final offer submitted by the 
employees and, after the expiration of the 60-day period described in 
subsection (h) of this section, the carrier refuses to accept the final 
offer submitted by the employees and the employees of such carrier 
engage in any work stoppage arising out of the dispute, the carrier 
shall not participate in any benefits of any agreement between carriers 
which is designed to provide benefits to such carriers during a work 
stoppage.

(May 20, 1926, ch. 347, Sec. 9A, as added Pub. L. 97-35, title XI, 
Sec. 1157, Aug. 13, 1981, 95 Stat. 681.)

                       References in Text

    Section 590(h) of this title, referred to in subsec. (a), was 
repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.
    The Railroad Unemployment Insurance Act, referred to in subsec. (i), 
is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is 
classified principally to chapter 11 (Sec. 351 et seq.) of this title. 
For complete classification of this Act to the Code, see section 367 of 
this title and Tables.


                             Effective Date

    Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97-35, 
set out as a note under section 1101 of this title.
