§11347. Employee protective arrangements in transactions involving rail carriers

When a rail carrier is involved in a transaction for which approval is sought under sections 11344 and 11345 or section 11346 of this title, the Interstate Commerce Commission shall require the carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under this section before February 5, 1976, and the terms established under sections 24307(c), 24312, and 24706(c) of this title. Notwithstanding this subtitle, the arrangement may be made by the rail carrier and the authorized representative of its employees. The arrangement and the order approving the transaction must require that the employees of the affected rail carrier will not be in a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the final action of the Commission (or if an employee was employed for a lesser period of time by the carrier before the action became effective, for that lesser period).

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439 ; Pub. L. 98–216, §2(16), Feb. 14, 1984, 98 Stat. 5 ; Pub. L. 103–272, §5(m)(31), July 5, 1994, 108 Stat. 1378 .)

The words "When a rail carrier is involved in the transaction for which approval is sought under sections 11344 and 11345 or section 11346 of this title, the Interstate Commerce Commission shall require the carrier" are substituted for "As a condition of its approval, under this paragraph . . . of any transaction involving a carrier or carriers by railroad subject to the provisions of this chapter, the Commission shall require" for clarity. The words "or paragraph (3)" are omitted as unnecessary in view of the restatement. The word "fair" is substituted for "fair and equitable" because it is inclusive. The words "an arrangement at least as protective . . . as the terms imposed under this section before February 5, 1976, and the terms established under section 565 of title 45" are substituted for "arrangement to protect the interests of . . . Such arrangement shall contain provisions no less protective of the interests of employees than those heretofore imposed pursuant to this subdivision and those established pursuant to section 565 of title 45" for clarity and to correct the amendment made by section 402(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 that added the word "heretofore". The words "related to" are substituted for "with respect to" for consistency. The words "any other provisions of" are omitted as surplus. The word "arrangement" is substituted for "agreement" for consistency. The word "hereafter" is omitted as obsolete. The word "made" is substituted for "entered into" for clarity. The word "duly" is omitted as surplus. The words "The arrangement and the order approving the transaction must require" are substituted for "In its order of approval the Commission shall include" for clarity. The words "final action" are substituted for "of such order" for consistency. The words "if an employee was employed for a lesser period of time by the carrier before the action became effective, for that lesser period" are substituted for "except that the protection afforded to any employee pursuant to this sentence shall not be required to continue for a longer period following the effective date of such order, than the period during which such employee was in the employ of such carrier or carriers prior to the effective date of such order" for clarity.

Amendments

1994-Pub. L. 103–272 substituted "sections 24307(c), 24312, and 24706(c) of this title" for "section 405 of the Rail Passenger Service Act (45 U.S.C. 565)".

1984-Pub. L. 98–216 substituted "section 405 of the Rail Passenger Service Act (45 U.S.C. 565)" for "section 565 of title 45".

Section Referred to in Other Sections

This section is referred to in sections 10901, 10903, 10910, 11351, 11912 of this title; title 11 sections 1170, 1172; title 45 sections 904, 915.