U.S. Code » Title 45 » Chapter CHAPTER 16— REGIONAL RAIL REORGANIZATION › Subchapter SUBCHAPTER VII— PROTECTION OF EMPLOYEES

45 U.S.C. § 797g

New collective-bargaining agreements

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(a) Agreement

Not later than 60 days after the effective date of any conveyance pursuant to the provisions of this chapter, the representatives of the various classes or crafts of employees of a railroad in reorganization involved in a conveyance and representatives of the Corporation shall commence negotiation of a new single collective bargaining agreement for each class and craft of employees covering the rate of pay, rules, and working conditions of employees who are the employees of the Corporation. Such collective bargaining agreement shall include appropriate provisions concerning rates of pay, rules, and working conditions, but shall not, before April 1, 1984, include any provisions for job stabilization which may exceed or conflict with those established herein. Negotiations with respect to such single collective bargaining agreement, and any successor thereto, shall be conducted systemwide.

(b) Procedure(1) Any procedure for finally determining the components of the first single collective bargaining agreement for any class or craft, agreed upon before August 13, 1981, shall be completed no later than 45 days after August 13, 1981. Such agreed upon procedure shall be deemed to satisfy the requirements of sections 157 and 158 of this title. The National Mediation Board shall appoint any person as provided for by such agreements.(2) Nothing in this section shall be construed to require the parties to enter into a new single collective bargaining agreement if the agreement between the parties in effect immediately prior to August 13, 1981, complied with section 774(d) 11 See References in Text note below. of this title as in effect immediately prior to such date.(c) Railway Labor Act notices

Employees of the Corporation may not serve notices under section 156 of this title for the purpose of negotiating job stabilization or other protective agreements with the Corporation until after April 1, 1984.

(Pub. L. 93–236, title VII, § 708, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 665.)Editorial NotesReferences in Text

Section 774 of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 97–35, title XI, § 1144(a)(1), Aug. 13, 1981, 95 Stat. 669.

Notes of Decisions
Cited in 6 cases, 1983–1990 · leading case: Ratkosky v. United Transp. Union, 843 F.2d 869 (6th Cir. 1988).
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Ratkosky v. United Transp. Union, 843 F.2d 869 (6th Cir. 1988). · cites it 3× “In support of this argument, plaintiffs cite to section 708 of the Northeast Rail Service Act (NRSA), 45 U.S.C. § 797g, which prohibited the negotiation of “job stabilization or other protective agreements” prior to April 1,1984.”
Ry. Labor Executives'ass'n v. United States, 575 F. Supp. 1554 (Regl. Rail Reorg. Act 1983). “The United States contends that this provision, reenacted as Section 708(a), 45 U.S.C. § 797g, limits job stabilization agreements to those provided for in the statute as amended.”
Keeler v. Consol. Rail Corp., 582 F. Supp. 1546 (Regl. Rail Reorg. Act 1984). “" 45 U.S.C. § 797g(c). This provision and the preemption of Indiana law, the plaintiffs claim, combine to leave them without redress in the event of unsafe working conditions.”
Boettjer v. Chesapeake & Ohio Ry. Co., 612 F. Supp. 1207 (Regl. Rail Reorg. Act 1985). “[5] Section 708 of the 3R Act, 45 U.S.C. § 797g, which applies only to collective bargaining agreements between Conrail and its employees, expressly prohibits such agreements from including any job stabilization provisions that are inconsistent with those established under the…”
United Transp. Union v. Consol. Rail Corp., 593 F. Supp. 1346 (Regl. Rail Reorg. Act 1984). “This section provides for Conrail and the unions to negotiate collective bargaining agreements covering the rate of pay, rules, and working conditions, but, prior to April 1,1984, prohibited them from negotiating for any job stabilization provisions which exceeded or conflicted…”
Consol. Rail Corp. v. United Transp. Union, 753 F. Supp. 1574 (Regl. Rail Reorg. Act 1990). · cites it 2× “Section 708 of the Rail Act, 45 U.S.C. § 797g, was also added by Section 1143(a) of NRSA.”
— 45 U.S.C. § 797g(b)(2) — 1 case
Consol. Rail Corp. v. United Transp. Union, 753 F. Supp. 1574 (Regl. Rail Reorg. Act 1990). “Section 708 of the Rail Act, 45 U.S.C. § 797g, was also added by Section 1143(a) of NRSA.”
— 45 U.S.C. § 797g(c) — 1 case
Keeler v. Consol. Rail Corp., 582 F. Supp. 1546 (Regl. Rail Reorg. Act 1984). “" 45 U.S.C. § 797g(c). This provision and the preemption of Indiana law, the plaintiffs claim, combine to leave them without redress in the event of unsafe working conditions.”
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