
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: 49USC24312]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                           CHAPTER 243--AMTRAK
 
Sec. 24312. Labor standards

    (a) Prevailing Wages and Health and Safety Standards.--Amtrak shall 
ensure that laborers and mechanics employed by contractors and 
subcontractors in construction work financed under an agreement made 
under section 24308(a) of this title will be paid wages not less than 
those prevailing on similar construction in the locality, as determined 
by the Secretary of Labor under the Act of March 3, 1931 (known as the 
Davis-Bacon Act) (40 U.S.C. 276a--276a-5). Amtrak may make such an 
agreement only after being assured that required labor standards will be 
maintained on the construction work. Health and safety standards 
prescribed by the Secretary under section 107 of the Contract Work Hours 
and Safety Standards Act (40 U.S.C. 333) apply to all construction work 
performed under such an agreement, except for construction work 
performed by a rail carrier.
    (b) Wage Rates.--Wage rates in a collective bargaining agreement 
negotiated under the Railway Labor Act (45 U.S.C. 151 et seq.) are 
deemed to comply with the Act of March 3, 1931 (known as the Davis-Bacon 
Act) (40 U.S.C. 276a--276a-5).

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 916; Pub. L. 105-
134, title I, Secs. 101(f), 105(c), 121(a), Dec. 2, 1997, 111 Stat. 
2572-2574.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24312(a)..............................  45:565(d).                       Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          405(d
), 84 Stat. 1337.
24312(b)..............................  45:565(e).                       Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          405(e
), 84 Stat. 1337; Aug. 13, 1981,
                                                                          Pub. 
L. 97-35, Sec.  1177(b), 95 Stat.
                                                                          692.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``take such action as may be 
necessary to'', ``the performance of'', ``with the assistance of funds 
received'', ``contract or'', ``at rates'', and ``adequate'' are omitted 
as surplus.
    In subsection (a)(2), the words ``provided for'' and ``and pursuant 
to'' are omitted as surplus.
    In subsection (b)(1), the words ``Except as provided in paragraph 
(2) of this subsection'' are omitted as surplus.

                       References in Text

    Act of March 3, 1931, referred to in text, is act Mar. 3, 1931, ch. 
411, 46 Stat. 1494, as amended, known as the Davis-Bacon Act, which is 
classified generally to section 276a to 276a-5 of Title 40, Public 
Buildings, Property, and Works. For complete classification of this Act 
to the Code, see Short Title note set out under section 276a of Title 40 
and Tables.
    The Railway Labor Act, referred to in subsec. (b), is act May 20, 
1926, ch. 347, 44 Stat. 577, as amended, which is classified principally 
to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For complete 
classification of this Act to the Code, see section 151 of Title 45 and 
Tables.


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-134, Sec. 121(a)(2), redesignated 
par. (1) as subsec. (a).
    Pub. L. 105-134, Secs. 101(f), 105(c), struck out ``, 24701(a), or 
24704(b)(2)'' after ``24308(a)''.
    Subsec. (a)(2). Pub. L. 105-134, Sec. 121(a)(3), redesignated par. 
(2) as subsec. (b).
    Subsec. (b). Pub. L. 105-134, Sec. 121(a)(1), (3), redesignated 
subsec. (a)(2) as (b), inserted heading, and struck out former subsec. 
(b), which read as follows:
    ``(b) Contracting Out.--(1) Amtrak may not contract out work 
normally performed by an employee in a bargaining unit covered by a 
contract between a labor organization and Amtrak or a rail carrier that 
provided intercity rail passenger transportation on October 30, 1970, if 
contracting out results in the layoff of an employee in the bargaining 
unit.
    ``(2) This subsection does not apply to food and beverage services 
provided on trains of Amtrak.''


                             Contracting Out

    Pub. L. 105-134, title I, Sec. 121(b)-(d), Dec. 2, 1997, 111 Stat. 
2574, 2575, provided that:
    ``(b) Amendment of Existing Collective Bargaining Agreement.--
        ``(1) Contracting out.--Any collective bargaining agreement 
    entered into between Amtrak and an organization representing Amtrak 
    employees before the date of enactment of this Act [Dec. 2, 1997] is 
    deemed amended to include the language of section 24312(b) of title 
    49, United States Code, as that section existed on the day before 
    the effective date [Dec. 2, 1997] of the amendments made by 
    subsection (a) [amending this section].
        ``(2) Enforceability of amendment.--The amendment to any such 
    collective bargaining agreement deemed to be made by paragraph (1) 
    of this subsection is binding on all parties to the agreement and 
    has the same effect as if arrived at by agreement of the parties 
    under the Railway Labor Act [45 U.S.C. 151 et seq.].
    ``(c) Contracting-out Issues To Be Included in Negotiations.--
Proposals on the subject matter of contracting out work, other than work 
related to food and beverage service, which results in the layoff of an 
Amtrak employee--
        ``(1) shall be included in negotiations under section 6 of the 
    Railway Labor Act (45 U.S.C. 156) between Amtrak and an organization 
    representing Amtrak employees, which shall be commenced by--
            ``(A) the date on which labor agreements under negotiation 
        on the date of enactment of this Act [Dec. 2, 1997] may be re-
        opened; or
            ``(B) November 1, 1999,
    whichever is earlier;
        ``(2) may, at the mutual election of Amtrak and an organization 
    representing Amtrak employees, be included in any negotiation in 
    progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on 
    the date of enactment of this Act; and
        ``(3) may not be included in any negotiation in progress under 
    section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of 
    enactment of this Act, unless both Amtrak and the organization 
    representing Amtrak employees agree to include it in the 
    negotiation.
No contract between Amtrak and an organization representing Amtrak 
employees, that is under negotiation on the date of enactment of this 
Act, may contain a moratorium that extends more than 5 years from the 
date of expiration of the last moratorium.
    ``(d) No Inference.--The amendment made by subsection (a)(1) 
[amending this section] is without prejudice to the power of Amtrak to 
contract out the provision of food and beverage services on board Amtrak 
trains or to contract out work not resulting in the layoff of Amtrak 
employees.''
