45 U.S.C. § 1346 — Resolution of certain issues
submitted 40 years ago by Pub. L. 99-509 to r/title-45-RAILROADS · 305 words · no verdicts yet
Section 4024 finally resolves specified employee and adviser claims involving Conrail, deferrals, and related agreements. It also protects the Corporation from breach claims caused by this subchapter and withdraws most consent to sue the United States over this subchapter.
(a) Section 4024 finally and completely: (1) ends all employee rights, and the United States’ obligations, under section 761(e) as it existed immediately before October 21, 1986; (2) resolves every claim against the Corporation* or another person* arising under the Definitive Agreement described in section 4024(d)(1) or a similar agreement; (3) resolves claims for pay arising from pay-increase deferrals by current and former Corporation employees under the May 5, 1981 agreement between Conrail and certain labor organizations; (4) resolves issues raised by employee representatives’ notices under section 156 proposing repayment or compensation for those deferrals; and (5) resolves claims against the Railway Labor Executives’ Association or the Corporation by advisers, consultants, or others who provided services to that association about matters in this subchapter.
(b) The Corporation is not in breach, default, or violation of an agreement merely because of this subchapter or an action it must take under this subchapter, even if the agreement says otherwise.
(c) The United States withdraws any express or implied consent for anyone to sue the United States, or its agent or officer, for legal, equitable, or other relief on a claim arising from acts or omissions under this subchapter. The exception is an action requiring the Secretary of Transportation to perform duties or acts required under part A of this subchapter.
Section 4024 completely and finally—
extinguishes all employee rights, and any obligation of the United States, under section 761(e) 1 of this title as in effect immediately before October 21, 1986;
resolves any and all claims against the Corporation* or any other person* arising under the Definitive Agreement referred to in section 4024(d)(1) or any other agreement containing similar terms and conditions;
resolves all claims to pay entitlements arising out of the pay increase deferrals by present and former employees of the Corporation under the Agreement of May 5, 1981, between Conrail and Certain Labor Organizations for Labor Contributions to Self-Sufficiency for Conrail;
resolves all issues raised by notices served by representatives of such employees under section 156 of this title proposing repayment of or compensation for such deferrals; and
resolves all claims against the Railway Labor Executives’ Association or the Corporation by any adviser, consultant, or other person who has provided services to such association in connection with any matter referred to in this subchapter.
The Corporation shall not be considered to be in breach, default, or violation of any agreement to which it is a party, notwithstanding any provision of such agreement, because of any provision of this subchapter or any action the Corporation is required to take under this subchapter.
The United States hereby withdraws any stated or implied consent for the United States, or any agent or officer of the United States, to be sued by any person for any legal, equitable, or other relief with respect to any claim arising out of, or resulting from, acts or omissions under this subchapter, except actions brought to require the Secretary of Transportation to perform duties or acts required under part A of this subchapter.
Source credit: (Pub. L. 99–509, title IV, § 4038, Oct. 21, 1986, 100 Stat. 1909.)
- 1986Enacted · Pub. L. 99-509 · 100 Stat. 1909
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-509 on 1986-10-21.
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