45 U.S.C. § 908 — Employee protection agreements
submitted 47 years ago by Pub. L. 96-101 to r/title-45-RAILROADS · 361 words · no verdicts yet
This section lets the Milwaukee Railroad and employee organizations create employee-protection agreements after a service reduction or restructuring. If they cannot agree, mediation and then a fair and equitable agreement are required, and the railroad pays the benefits.
(a) Agreement between Milwaukee Railroad* and labor organizations. Within 20 days after November 4, 1979, the Milwaukee Railroad and labor organizations representing its employees may agree to protect employees adversely affected by a service reduction or restructuring transaction. Protection may include interim help, moving expenses, relocation incentives, and separation allowances, among other things.
(b) Submission to National Mediation Board*. If they cannot agree within those 20 days, they must immediately submit the matter to the National Mediation Board. The Board must try through mediation to produce an agreement by 40 days after November 4, 1979.
(c) Fair and equitable agreements. (1) If mediation does not produce an agreement within 40 days, the railroad and labor organizations must immediately enter a fair and equitable protection agreement. (2) A claim for benefits under that agreement must be filed with the Board at the time and in the manner set by regulation. The Board determines the amount for which the employee* qualifies and certifies it to the railroad for payment.
(d) Payment. The Milwaukee Railroad pays benefits under an agreement made under this section according to section 914. Employee claims are administrative expenses of the railroad’s estate.
The Milwaukee Railroad and labor organizations representing the employees of such railroad may, not later than 20 days after November 4, 1979, enter into an agreement providing protection for employees of such railroad who are adversely affected as a result of a reduction in service by such railroad or a restructuring transaction carried out by such railroad. Such employee* protection may include, but need not be limited to, interim employee assistance, moving expenses, employee relocation incentive compensation, and separation allowances.
If the Milwaukee Railroad and the labor organizations representing the employees of such railroad are unable to enter into an employee protection agreement under subsection (a) of this section within 20 days after November 4, 1979, the parties shall immediately submit the matter to the National Mediation Board. The National Mediation Board shall attempt, by mediation, to bring the parties to an agreement with respect to employee protection no later than 40 days after November 4, 1979.
If the National Mediation Board is unable to bring the parties to an agreement under subsection (b) of this section within 40 days after November 4, 1979, the Milwaukee Railroad and the labor organizations representing the employees of such railroad shall immediately enter into an employee protection agreement that is fair and equitable.
If an employee protection agreement is entered into under this subsection, any claim of an employee for benefits and allowances under such agreement shall be filed with the Board in such time and manner as the Board by regulation shall prescribe. The Board shall determine the amount for which such employee is eligible under such agreement and shall certify such amount to the Milwaukee Railroad for payment.
Benefits and allowances under an employee protection agreement entered into under this section shall be paid by the Milwaukee Railroad in accordance with section 914 of this title, and claims of employees for such benefits and allowances shall be treated as administrative expenses of the estate of the Milwaukee Railroad.
Source credit: (Pub. L. 96–101, § 9, Nov. 4, 1979, 93 Stat. 741.)
- 1979Enacted · Pub. L. 96-101 · 93 Stat. 741
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-101 on 1979-11-04.
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