
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: 45USC797a]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                 SUBCHAPTER VII--PROTECTION OF EMPLOYEES
 
Sec. 797a. Termination allowance


(a) General

    The Corporation may terminate the employment of certain employees, 
in accordance with this section, upon the payment of an allowance of 
$350 for each month of active service with the Corporation or with a 
railroad in reorganization, but in no event may any such termination 
allowance exceed $25,000.

(b) Employment needs

    Within 90 days after August 13, 1981, the Corporation shall 
determine, for each location, the number of employees that the 
Corporation intends to separate under subsection (a) of this section.

(c) Notification and separation procedure

    (1) Within 90 days after August 13, 1981, the Corporation shall 
notify its employees of their rights and responsibilities under this 
section.
    (2) Within 90 days after August 13, 1981, the Corporation shall 
notify each train and engine service employee eligible to be separated 
under paragraph (3) that such employee may be entitled to receive a 
separation payment under this section if such employee files a written 
request to be separated. Such notice may be revised from time to time.
    (3) If the number of employees who request to be separated pursuant 
to paragraph (2) of this subsection is greater, in engine service at any 
location, than the number of excess firemen at the location, and in 
train service at the location than the number of excess second and third 
brakemen, as determined by the Corporation, the Corporation shall 
separate the employees described in paragraph (2) of this subsection in 
order of seniority beginning with the most senior employee, until the 
excess firemen and second and third brakemen positions at that location, 
as determined by the Corporation, have been eliminated.

(d) Designated separations

    If the number of employees who are separated pursuant to subsection 
(c)(3) of this section is less at any location than the number of excess 
firemen in freight and commuter service and second and third brakemen in 
freight service at such location, as determined by the Corporation, the 
Corporation may, after 210 days after August 13, 1981, designate for 
separation employees in engine service or train service respectively in 
inverse order of seniority, beginning with the most junior employee in 
active service at such location until the excess firemen in freight and 
commuter service and second and third brakemen in freight service, at 
that location have been eliminated. An employee designated under this 
subsection may choose (1) to furlough himself voluntarily, in which case 
the next most junior employee protected under the fireman manning or 
crew consist agreements or any other agreement or law, in the same craft 
or class at such location may be separated instead and receive the 
separation allowance, or (2) to exercise his seniority to another 
location, in which case the Corporation may separate, under the 
provisions of this subsection, the next most junior protected employee 
in active service at the location to which seniority ultimately is 
exercised.

(e) Effect on positions

    (1) The Corporation shall refrain from filling one fireman position 
in freight service, or in commuter service where applicable, for each 
employee in engine service separated in accordance with this section.
    (2) The Corporation may refrain from filling one brakeman position 
in excess of one conductor and one brakeman on one crew in freight 
service for each employee in train service who is separated in 
accordance with this section.
    (3) Positions permitted to be not filled under this subsection shall 
be not filled in different types of freight service actually operated at 
or from the location in a sequence to be agreed upon between the 
Corporation and the general chairman representative of classes or crafts 
of employees having jurisdiction over the positions to be not filled. If 
no such agreement is reached, the Corporation may designate the position 
to be not filled.
    (4) Notwithstanding paragraphs (1) and (2) of this subsection, the 
Corporation shall retain all rights it has under any provision of law or 
agreement to refrain from filling any position of employment.

(f) Procedures

    The Corporation and representatives of the various classes and 
crafts of employees to be separated may agree on procedures to implement 
this section, but the absence of such agreement shall not interfere with 
implementation of the separations authorized by this section.

(g) Commuter employees

    The provisions of this section shall apply to the separation of 
firemen in commuter service, except that with respect to such employees 
the Corporation is required to make the separations authorized by this 
section.

(Pub. L. 93-236, title VII, Sec. 702, as added Pub. L. 97-35, title XI, 
Sec. 1143(a), Aug. 13, 1981, 95 Stat. 662.)

                  Section Referred to in Other Sections

    This section is referred to in sections 231, 351, 741, 797d, 797i, 
1103 of this title.
