
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC836]

 
                           TITLE 45--RAILROADS
 
        CHAPTER 17--RAILROAD REVITALIZATION AND REGULATORY REFORM
 
    SUBCHAPTER II--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
 
Sec. 836. Employee protection


(a) General

    Fair and equitable arrangements shall be provided, in accordance 
with this section, to protect the interests of any employees not 
otherwise protected under title V of the Regional Rail Reorganization 
Act of 1973 (45 U.S.C. 771 et seq.), who may be affected by actions 
taken pursuant to authorizations or approval obtained under this 
subchapter. Such arrangements shall be determined by the execution of an 
agreement between the representatives of the railroads and the 
representatives of their employees, within 120 days after February 5, 
1976. In the absence of such an executed agreement, the Secretary of 
Labor shall prescribe the applicable protective arrangements, within 150 
days after February 5, 1976.

(b) Terms

    The arrangements required by subsection (a) of this section shall 
apply to each employee who has an employment relationship with a 
railroad on the date on which such railroad first applies for applicable 
financial assistance under this subchapter. Such arrangements shall 
include such provisions as may be necessary for the negotiation and 
execution of agreements as to the manner in which the protective 
arrangements shall be applied, including notice requirements. Such 
agreements shall be executed prior to implementation of work funded from 
financial assistance under this subchapter. If such an agreement is not 
reached within 30 days after the date on which an application for such 
assistance is approved, either party to the dispute may submit the issue 
for final and binding arbitration. The decision on any such arbitration 
shall be rendered within 30 days after such submission. Such arbitration 
decision shall in no way modify the protection afforded in the 
protective arrangements established pursuant to this section, shall be 
final and binding on the parties thereto, and shall become a part of the 
agreement. Such arrangements shall also include such provisions as may 
be necessary--
        (1) for the preservation of compensation (including subsequent 
    general wage increases, vacation allowances, and monthly 
    compensation guarantees), rights, privileges, and benefits 
    (including fringe benefits such as pensions, hospitalization, and 
    vacations, under the same conditions and so long as such benefits 
    continue to be accorded to other employees of the employing railroad 
    in active service or on furlough, as the case may be) to such 
    employees under existing collective-bargaining agreements or 
    otherwise;
        (2) to provide for final and binding arbitration of any dispute 
    which cannot be settled by the parties, with respect to the 
    interpretation, application, or enforcement of the provisions of the 
    protective arrangements;
        (3) to provide that an employee who is unable to secure 
    employment by the exercise of his or her seniority rights, as a 
    result of actions taken with financial assistance obtained under 
    this subchapter, shall be offered reassignment and, where necessary, 
    retraining to fill a position comparable to the position held at the 
    time of such adverse effect and for which he is, or by training and 
    retraining can become, physically and mentally qualified, so long as 
    such offer is not in contravention of collective bargaining 
    agreements relating thereto; and
        (4) to provide that the protection afforded pursuant to this 
    section shall not be applicable to employees benefited solely as a 
    result of the work which is financed by funds provided pursuant to 
    this subchapter.

(c) Subcontracting

    The arrangements which are required to be negotiated by the parties 
or prescribed by the Secretary of Labor, pursuant to subsections (a) and 
(b) of this section, shall include provisions regulating subcontracting 
by the railroads of work which is financed by funds provided pursuant to 
this subchapter.

(Pub. L. 94-210, title V, Sec. 504, formerly Sec. 516, Feb. 5, 1976, 90 
Stat. 82; renumbered Sec. 504, Pub. L. 105-178, title VII, 
Sec. 7203(a)(5), June 9, 1998, 112 Stat. 477.)

                       References in Text

    The Regional Rail Reorganization Act of 1973, referred to in subsec. 
(a), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended. Title V 
of the Regional Rail Reorganization Act of 1973, which was classified 
generally to subchapter V (Sec. 771 et seq.) of chapter 16 of this 
title, was repealed by Pub. L. 97-35, title XI, Sec. 1144(a)(1), Aug. 
13, 1981, 95 Stat. 669. For complete classification of this Act to the 
Code, see Short Title note set out under section 701 of this title and 
Tables.


                            Prior Provisions

    A prior section 504 of Pub. L. 94-210 was classified to section 824 
of this title prior to repeal by Pub. L. 105-178.

                  Section Referred to in Other Sections

    This section is referred to in sections 914, 1003 of this title.
