45 U.S.C. § 159a

Special procedure for commuter service

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(a) Applicability of provisions

Except as provided in section 590(h) 11 See References in Text note below. of this title, the provisions of this section shall apply to any dispute subject to this chapter between a publicly funded and publicly operated carrier providing rail commuter service (including the Amtrak Commuter Services Corporation) and its employees.

(b) Request for establishment of emergency board

If a dispute between the parties described in subsection (a) is not adjusted under the foregoing provisions of this chapter and the President does not, under section 160 of this title, create an emergency board to investigate and report on such dispute, then any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish such an emergency board.

(c) Establishment of emergency board(1) Upon the request of a party or a Governor under subsection (b), the President shall create an emergency board to investigate and report on the dispute in accordance with section 160 of this title. For purposes of this subsection, the period during which no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose shall be 120 days from the day of the creation of such emergency board.(2) If the President, in his discretion, creates a board to investigate and report on a dispute between the parties described in subsection (a), the provisions of this section shall apply to the same extent as if such board had been created pursuant to paragraph (1) of this subsection.(d) Public hearing by National Mediation Board upon failure of emergency board to effectuate settlement of dispute

Within 60 days after the creation of an emergency board under this section, if there has been no settlement between the parties, the National Mediation Board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony setting forth the reasons it has not accepted the recommendations of the emergency board for settlement of the dispute.

(e) Establishment of second emergency board

If no settlement in the dispute is reached at the end of the 120-day period beginning on the date of the creation of the emergency board, any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish another emergency board, in which case the President shall establish such emergency board.

(f) Submission of final offers to second emergency board by parties

Within 30 days after creation of a board under subsection (e), the parties to the dispute shall submit to the board final offers for settlement of the dispute.

(g) Report of second emergency board

Within 30 days after the submission of final offers under subsection (f), the emergency board shall submit a report to the President setting forth its selection of the most reasonable offer.

(h) Maintenance of status quo during dispute period

From the time a request to establish a board is made under subsection (e) until 60 days after such board makes its report under subsection (g), no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose.

(i) Work stoppages by employees subsequent to carrier offer selected; eligibility of employees for benefits

If the emergency board selects the final offer submitted by the carrier and, after the expiration of the 60-day period described in subsection (h), the employees of such carrier engage in any work stoppage arising out of the dispute, such employees shall not be eligible during the period of such work stoppage for benefits under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

(j) Work stoppages by employees subsequent to employees offer selected; eligibility of employer for benefits

If the emergency board selects the final offer submitted by the employees and, after the expiration of the 60-day period described in subsection (h), the carrier refuses to accept the final offer submitted by the employees and the employees of such carrier engage in any work stoppage arising out of the dispute, the carrier shall not participate in any benefits of any agreement between carriers which is designed to provide benefits to such carriers during a work stoppage.

(May 20, 1926, ch. 347, § 9A, as added Pub. L. 97–35, title XI, § 1157, Aug. 13, 1981, 95 Stat. 681.)Editorial NotesReferences in Text

Section 590(h) of this title, referred to in subsec. (a), was repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379.

The Railroad Unemployment Insurance Act, referred to in subsec. (i), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as a note under section 1101 of this title.

Notes of Decisions

Cited in 6 cases, 1982–2000 · leading case: United Transp. Union v. Long Island Rail Road, 455 U.S. 678 (1982).

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United Transp. Union v. Long Island Rail Road, 455 U.S. 678 (1982). · cites it 2× “681 , 45 U. S. C. § 159a (1976 ed., Supp. V). Section 9a *683 establishes special procedures to be applied to any dispute “between a publicly funded and publicly operated carrier providing rail commuter service .”

Local 808, Bldg. Maint., Serv. & R.R. Workers v. Nat'l Mediation Bd., 888 F.2d 1428 (D.C. Cir. 1989). · cites it 9× “357 , 681-82 (1981) (codified at 45 U.S.C. § 159a (1982)) (“section 9A”). Under section 9A of the Act as amended, either party may act to require the President to create, consecutively, two emergency boards to investigate and report on the dispute.”

Norfolk S. Ry. Co. v. Bhd. of Locomotive Engineers, 217 F.3d 181 (4th Cir. 2000). “357 , 681-82 (codified at 45 U.S.C. § 159a). None of these amendments, however, has effected substantial changes to the Act's core sections.”

Local 808, Bldg. Maint., Serv. & R.R. Workers v. Nat'l Mediation Bd., 727 F. Supp. 639 (D.D.C. 1989). · cites it 4× “On April 18, 1988, twenty-two months after the dispute had been docketed at the Board, the Union requested that the Board end the mediation phase 6 and instead proffer arbitration to the parties as well as the procedures provided in section 9A of the Act, 45 U.S.C. § 159a. See…”

Int'l Ass'n of MacHinists & Aerospace Workers v. Nat'l Mediation Bd., 725 F. Supp. 558 (D.D.C. 1989). “See 45 U.S.C. § 159a. Judge Greene articulated four reasons for his decision: (1) the dispute had been in *561 mediation an unusually long time for section 9A disputes — 22 months; (2) the burden of the long delay fell entirely upon the union; (3) one of the Board members had…”

Norfolk S. v. Bhd. (4th Cir. 2000). “357 , 681-82 (codified at 45 U.S.C. § 159a). None of these amendments, however, has effected substantial changes to the Act's core sections.”

— 45 U.S.C. § 159a(b) — 2 cases

Local 808, Bldg. Maint., Serv. & R.R. Workers v. Nat'l Mediation Bd., 888 F.2d 1428 (D.C. Cir. 1989). “357 , 681-82 (1981) (codified at 45 U.S.C. § 159a (1982)) (“section 9A”). Under section 9A of the Act as amended, either party may act to require the President to create, consecutively, two emergency boards to investigate and report on the dispute.”

Local 808, Bldg. Maint., Serv. & R.R. Workers v. Nat'l Mediation Bd., 727 F. Supp. 639 (D.D.C. 1989). “On April 18, 1988, twenty-two months after the dispute had been docketed at the Board, the Union requested that the Board end the mediation phase 6 and instead proffer arbitration to the parties as well as the procedures provided in section 9A of the Act, 45 U.S.C. § 159a. See…”

— 45 U.S.C. § 159a(c) — 1 case

— 45 U.S.C. § 159a(c)(1) — 1 case

— 45 U.S.C. § 159a(e) — 1 case

— 45 U.S.C. § 159a(f) — 1 case

— 45 U.S.C. § 159a(i) — 1 case

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