49 U.S.C. § 24312 — Labor standards
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 318 words · no verdicts yet
Workers on Amtrak construction projects must be paid the local prevailing wage and follow federal safety rules. A union wage agreement under the Railway Labor Act counts as meeting that requirement. Amtrak must staff a ticket agent at qualifying stations, unless a commuter agent already sells its tickets there.
(a) Prevailing Wages and Health and Safety Standards — When Amtrak makes an agreement under section 24308(a) to fund construction work, it must make sure the contractors' and subcontractors' construction workers get paid at least the going local wage, as set by the Secretary of Labor under specific federal wage laws (sections 3141–3144, 3146, and 3147 of title 40). Amtrak can only make the agreement after confirming these wage rules will be followed. The Secretary's health and safety standards under section 3704 of title 40 apply to all this construction work too, except work done by a rail carrier itself.
(b) Wage Rates — Wages set in a union contract negotiated under the Railway Labor Act automatically count as satisfying those federal wage law sections.
(c) Availability of Station Agents — (1) In general: Starting one year after the Passenger Rail Expansion and Rail Safety Act of 2021 became law, Amtrak must keep at least one Amtrak ticket agent working at every station building that: (A) Amtrak owns or runs long-distance or Northeast Corridor service through; (B) had at least one Amtrak ticket agent working there on or after October 1, 2017; and (C) averaged at least 40 boardings and deboardings per day, counting every day in fiscal year 2017 that Amtrak served the station, no matter how many trains stopped there. (2) Exception: this rule doesn't apply to any station where a commuter rail ticket agent is already allowed to sell Amtrak tickets.
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 sections 3141–3144, 3146, and 3147 of title 40. 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 3704 of title 40 apply to all construction work performed under such an agreement, except for construction work performed by a rail carrier.
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 sections 3141–3144, 3146, and 3147 of title 40.
Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building—
that Amtrak owns, or operates service through, as part of a long-distance or Northeast Corridor passenger service route;
where at least 1 Amtrak ticket agent was employed on or after October 1, 2017; and
for which an average of 40 passengers boarded or deboarded an Amtrak train per day during all of the days in fiscal year 2017 when the station was serviced by Amtrak, regardless of the number of Amtrak trains servicing the station per day.
Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the authority to sell Amtrak tickets.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 916; Pub. L. 105–134, title I, §§ 101(f), 105(c), 121(a), Dec. 2, 1997, 111 Stat. 2572–2574; Pub. L. 107–217, § 3(n)(4), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 117–58, div. B, title II, § 22203, Nov. 15, 2021, 135 Stat. 698.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 916
- 1997Amended · Pub. L. 105-134 · 111 Stat. 2572
- 2002Amended · Pub. L. 107-217 · 116 Stat. 1302
- 2021Amended · Pub. L. 117-58 · 135 Stat. 698
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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