§24312. Labor standards
(a) Prevailing Wages and Health and Safety Standards.-(1) Amtrak shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed under an agreement made under section 24308(a), 24701(a), or 24704(b)(2) 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.
(2) 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).
(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.
(
Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 916
.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 24312(a) |
45:565(d). |
Oct. 30, 1970,
Pub. L. 91–518, §405(d), 84 Stat. 1337
. |
| 24312(b) |
45:565(e). |
Oct. 30, 1970,
Pub. L. 91–518, §405(e), 84 Stat. 1337
; Aug. 13, 1981,
Pub. L. 97–35, §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 subsec. (a), 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. (a)(2), is act May 20, 1926, ch. 347, 44 Stat. 577
, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
Section Referred to in Other Sections
This section is referred to in section 11347 of this title.