Legislación

US (United States) Code. Title 45. Chaapter 18: Milwaukee railroad restructuring

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

45 USC CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-MISC1-

Sec.

901. Congressional findings.

902. Definitions.

903. Sales and transfers.

904. Court approved abandonments and sales.

(a) Abandonment of lines of railroad under section

1170 of title 11.

(b) Sale or transfer of lines of railroad.

protection payments.

905. Employee or employee-shipper ownership plan.

(a) Submission of plan to Commission; approval;

findings.

(b) Submission of findings to bankruptcy court.

(d) Judicial review.

(e) Furnishing of reports and other information for

preparation of plan.

906. Guarantee of trustee certificates.

(a) to (c) Omitted.

(d) Authorization.

(e) Amount of guarantee.

(f) Subordination of claims.

(g) Availability of funds.

(h) Cancellation of United States obligations.

907. Railroad hiring.

908. Employee protection agreements.

(a) Agreement between Milwaukee Railroad and labor

organizations.

(b) Submission of matter to National Mediation

Board.

(d) Payment of benefits and allowances.

909. Supplementary unemployment insurance.

(a) Eligible employees.

(b) Period of payment.

(d) Filing of application.

(e) Insurance as compensation.

(f) Employees not covered.

(g) Furloughed employees.

910. Repealed.

911. New career training assistance.

(a) Eligible employees.

(b) Commencement of training as condition.

(d) Assistance prohibited after April 1, 1984.

(e) Definitions.

912. Election.

913. Authorization of appropriations.

914. Obligation guarantees.

(a) Authorization.

(b) Obligations as administrative expense.

(d) Limit on total liability.

(e) Liability of United States respecting section

908 agreements.

(f) Applicability of section 836 of this title.

915. Court approved abandonment and sales in pending cases.

(a) Abandonment of lines of railroad under

Bankruptcy Act.

(b) Sale or transfer of lines of railroad under

Bankruptcy Act.

(d) Authority of bankruptcy court.

(e) Effect on priorities and timing of employee

protection payments.

916. Repealed.

917. Applicability of National Environmental Policy Act.

918. Authority of Railroad Retirement Board.

919. Publications and reports.

920. Continuation of service.

921. Office of Rail Public Counsel.

922. Employee stock ownership plan for surviving portion of

Milwaukee Railroad.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 231f, 1018 of this title.

-End-

-CITE-

45 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 901. Congressional findings

-STATUTE-

(a) Congress hereby finds that -

(1) the severe operating losses and the deteriorating plant and

equipment of the Milwaukee Railroad threaten to cause cessation

of its operations in the near future;

(2) a cessation of operations by the Milwaukee Railroad would

have serious repercussions on the economies of the States in

which such railroad principally operates (the States of

Washington, Montana, Idaho, North Dakota, South Dakota, Illinois,

Iowa, Missouri, Michigan, Indiana, Minnesota, and Wisconsin);

(3) a cessation of operations of the Milwaukee Railroad would

result in the loss of many thousands of jobs of railroad workers

and other workers whose employment is dependent upon rail service

over the lines presently operated by the Milwaukee Railroad;

(4) experienced railroad employees make a valuable contribution

toward strengthening the railroad industry; and other railroads

have the ability and willingness to employ displaced employees of

the Milwaukee Railroad;

(5) the ownership by employees or by employees and shippers of

part or all of the Milwaukee Railroad may be a valuable tool in

reorganization and should be given serious consideration;

(6) cessation of essential transportation services by the

Milwaukee Railroad would endanger the public welfare;

(7) cessation of such services is imminent; and

(8) there is no other practicable means of obtaining funds to

meet payroll and other expenses necessary for continuation of

services and reorganization of the Milwaukee Railroad.

(b) The Congress declares that emergency measures set forth in

this chapter must be taken to restructure the Milwaukee Railroad

and to avoid the potential unemployment and damage to the economy

of the region and of the Nation which a cessation of essential

services by the Milwaukee Railroad would otherwise cause.

-SOURCE-

(Pub. L. 96-101, Sec. 2, Nov. 4, 1979, 93 Stat. 736.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, as

amended, known as the Milwaukee Railroad Restructuring Act, which

enacted this chapter and amended sections 231f, 662, 721, 821, and

825 of this title. For complete classification of this Act to the

Code, see Short Title note set out below and Tables.

-MISC1-

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 97-468, title II, Sec. 201, Jan. 14, 1983, 96 Stat. 2543,

provided that: "This title [amending sections 797c, 907, 913, 915,

1004, 1005, 1007, 1014, and 1017 of this title, repealing section

1008 of this title and enacting provisions set out as notes under

this section] may be referred to as the 'Bankrupt Railroad Service

Preservation and Employee Protection Act of 1982'."

SHORT TITLE

Section 1 of Pub. L. 96-101 provided: "That this Act [enacting

this chapter and amending sections 231f, 662, 721, 821, and 825 of

this title] may be cited as the 'Milwaukee Railroad Restructuring

Act'."

STATEMENT OF PURPOSE

Pub. L. 97-468, title II, subtitle A, Sec. 211, Jan. 14, 1983, 96

Stat. 2543, provided that: "It is the purpose of this subtitle

[amending sections 915 and 1017 of this title and enacting

provisions set out as notes under this section] to continue the

effort by Congress to assure service over the lines of rail

carriers subject to liquidation in instances where rail carriers

are willing to provide service over such lines and financially

responsible persons are willing to purchase the lines for continued

rail operations."

CONGRESSIONAL FINDINGS

Pub. L. 97-468, title II, Sec. 212, Jan. 14, 1983, 96 Stat. 2543,

provided that: "The Congress finds that -

"(1) it is necessary to establish procedures to facilitate and

expedite the acquisition of rail lines of carriers subject to

liquidation by financially responsible persons in instances where

service is not being provided over the line by the carrier and

where the financially responsible person seeks to provide rail

service over the line;

"(2) procedures set forth in the amendments made by this title

[see Short Title of 1983 Amendment note above] represent an

exercise of the powers of the Congress under the Constitution to

regulate commerce among the several States which will provide a

practicable means for preserving rail service, thus benefiting

shippers, employees, and the economies of the States in which

such carriers subject to liquidation have operated service, and

for facilitating interstate commerce, while at the same time

providing safeguards to protect the interest of the estates of

such carriers by requiring compensation which is not less than

the constitutionally required minimum; and

"(3) it is in the public interest that the Interstate Commerce

Commission's authority to issue orders involving temporary

authority to operate service over lines of carriers subject to

liquidation be clarified."

[Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.]

-End-

-CITE-

45 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 902. Definitions

-STATUTE-

As used in this chapter -

(1) the term "bankruptcy court" means the court having

jurisdiction over the reorganization of the Milwaukee Railroad;

(2) the term "Board" means the Railroad Retirement Board;

(3) the term "Commission" means the Interstate Commerce

Commission;

(4) the term "employee" -

(A) includes any employee of the Milwaukee Railroad who

worked on a line of such railroad the sale of which became

effective on October 1, 1979; but

(B) does not include any individual serving as president,

vice-president, secretary, treasurer, comptroller, counsel,

member of the board of directors, or any other person

performing such functions;

(5) the term "Milwaukee Railroad" means the Chicago, Milwaukee,

St. Paul and Pacific Railroad Company; and

(6) the term "restructured Milwaukee Railroad" means the entity

that is designated as the reorganized railroad under the

reorganization plan for the Milwaukee Railroad finally certified

by the Commission.

-SOURCE-

(Pub. L. 96-101, Sec. 3, Nov. 4, 1979, 93 Stat. 736; Pub. L.

96-254, title I, Sec. 123, May 30, 1980, 94 Stat. 409.)

-MISC1-

AMENDMENTS

1980 - Par. (6). Pub. L. 96-254 redefined "restructured Milwaukee

Railroad" to mean the entity that is designated as the reorganized

railroad under the reorganization plan for the Milwaukee Railroad

finally certified by the Commission.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-End-

-CITE-

45 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 903. Sales and transfers

-STATUTE-

(a) The Milwaukee Railroad may negotiate and enter into

agreements to sell, to another rail carrier or any other person,

all or any portion of its rail properties used in railroad

operations as of October 15, 1979. Such sale agreements may in no

event become final and effective until the occurrence of an event

described in section 920(b) of this title, or April 1, 1980,

whichever first occurs. In taking action under this subsection, the

Milwaukee Railroad may consult with the Secretary of

Transportation.

(b)(1) The Secretary of Transportation, under the authority of

section 333 of title 49, may develop plans, participate in

negotiations, and recommend to the trustee proposals for the sale

or transfer of any rail properties of the Milwaukee Railroad which

are used in rail operations as of October 15, 1979. In taking

action under this paragraph, the Secretary shall give preference to

financially responsible persons, including governmental entities,

negotiating for the purchase of any lines with the intent of

providing common carrier service.

(2) Any sale or transfer proposal developed under paragraph (1)

of this subsection shall be submitted to the bankruptcy court. Such

a proposal may in no event become final or effective until the

occurrence of an event described in section 920(b) of this title,

or April 1, 1980, whichever first occurs.

-SOURCE-

(Pub. L. 96-101, Sec. 4, Nov. 4, 1979, 93 Stat. 737.)

-COD-

CODIFICATION

In subsec. (b)(1), "section 333 of title 49" was substituted for

"section 5(a)-(e) of the Department of Transportation Act [49

U.S.C. 1654(a)-(e)]", on authority of Pub. L. 97-449, Sec. 6(b),

Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted

subtitle I (Sec. 101 et seq.) and chapter 31 (Sec. 3101 et seq.) of

subtitle II of Title 49, Transportation.

-End-

-CITE-

45 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 904. Court approved abandonments and sales

-STATUTE-

(a) Abandonment of lines of railroad under section 1170 of title 11

(1) Upon the occurrence of an event described in section 920(b)

of this title, or on April 1, 1980, whichever first occurs, the

bankruptcy court may authorize the abandonment of lines of the

Milwaukee Railroad pursuant to section 1170 of title 11. Pending

the expiration of the time for appeal of an abandonment order or

the determination of any such appeal, the bankruptcy court may

authorize the termination of service on a line to be abandoned, and

the order authorizing such termination may not be stayed. In

authorizing any abandonment pursuant to this section, the court

shall require the carrier to provide a fair arrangement at least as

protective of the interests of employees as that required under

section 11347 (!1) of title 49.

(2) Prior to the date specified in paragraph (1) of this

subsection, the bankruptcy court may hear and consider any request

for the abandonment of lines of the Milwaukee Railroad, and may fix

the time for the Commission's report on the request, but it may

take final action authorizing such abandonment only in accordance

with such paragraph (1).

(b) Sale or transfer of lines of railroad

(1) Upon the occurrence of an event described in section 920(b)

of this title, or on April 1, 1980, whichever first occurs, the

bankruptcy court may authorize the sale or transfer of a line of

the Milwaukee Railroad to be used in continued rail operations,

subject to the approval of the Commission under paragraph (2) of

this subsection. In authorizing any such sale or transfer, the

court shall provide a fair arrangement at least as protective of

the interest (!2) of employees as that required under section 11347

(!1) of title 49.

(2) The bankruptcy court may not authorize a sale or transfer

pursuant to paragraph (1) of this subsection unless an appropriate

application with respect to such sale or transfer is initiated with

the Commission and, within such time as the court may fix, not

exceeding 180 days, the Commission, with or without a hearing, as

the Commission may determine, and with or without modification or

condition, approves such application, or does not act on such

application. Any action or order of the Commission approving,

modifying, conditioning, or disapproving such application is

subject to review by the court only under sections 706(2)(A),

706(2)(B), 706(2)(C), and 706(2)(D) of title 5. An application may

be initiated with the Commission prior to the date specified in

paragraph (1) of this subsection.

(3) Pending review of an application by the Commission pursuant

to paragraph (2) of this subsection, the bankruptcy court may, on a

preliminary basis, authorize the sale or transfer of lines of the

Milwaukee Railroad to another rail carrier. The court may permit

the purchasing carrier to operate interim service as a common

carrier over the lines to be purchased, without regard to section

10901 of title 49. In operating such service, the purchasing

carrier shall use employees of the Milwaukee Railroad to the extent

necessary for the operation of such service. The bankruptcy court

may take final action authorizing any such sale or transfer only in

accordance with paragraph (1) of this subsection.

Nothing in this section shall be deemed to affect the priorities

or timing of payment of employee protection which might have

existed in the absence of this chapter.

-SOURCE-

(Pub. L. 96-101, Sec. 5, Nov. 4, 1979, 93 Stat. 737.)

-REFTEXT-

REFERENCES IN TEXT

Section 11347 of title 49, referred to in subsecs. (a)(1) and

(b)(1), was omitted in the general amendment of subtitle IV of

Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),

Dec. 29, 1995, 109 Stat. 804. Provisions similar to those in

section 11347 are contained in section 11326(a) of Title 49.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 915 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "interests".

-End-

-CITE-

45 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 905. Employee or employee-shipper ownership plan

-STATUTE-

(a) Submission of plan to Commission; approval; findings

(1) No later than December 1, 1979, an association composed of

representatives of national railway labor organizations, employee

coalitions, and shippers (or any combination of the foregoing) may

submit to the Commission a single plan for converting all or a

substantial part of the Milwaukee Railroad into an employee or

employee-shipper owned company and a method for implementing such

plan. The plan shall include a comprehensive evaluation of the

prospects for the financial self-sustainability of the Milwaukee

Railroad.

(2) The Commission shall, within 30 days after the date of

submission of a plan under paragraph (1) of this subsection,

approve the proposed plan if it finds that such plan is feasible.

The finding of the Commission with respect to the feasibility of

the plan shall be made pursuant to section 554 of title 5.

(3) The Commission shall make a finding that the plan submitted

under this section is feasible if it determines that -

(A) adequate public and private financing is available to the

proponents of such plan;

(B) such plan is fair and equitable to the estate of the

Milwaukee Railroad;

(D) the railroad proposed to be operated under the plan can be

operated on a self-sustaining basis; and

(E) the plan contains an assessment of all operating practices,

and includes agreements by labor and management to make

implementing changes designed to achieve labor productivity

increases (which may include changes in work rules to increase

productivity) consistent with safe operations and adequate

service.

For purposes of the determinations under this paragraph, adequate

financing shall include all sources of private funds, the probable

value and priority of valid claims against the estate, and Federal,

State, or local funds available under programs (in existence as of

January 1, 1980) which are or will be available to the proponent

and which the proponent is likely to obtain.

(b) Submission of findings to bankruptcy court

If the Commission finds that the plan submitted under this

section is feasible, it shall submit its finding to the bankruptcy

court. Within 10 days after the date of such submission, the

bankruptcy court shall, after a hearing, determine whether such

plan is fair and equitable to the estate of the Milwaukee Railroad.

The Commission's determination with respect to that issue shall be

rebutted only by clear and convincing evidence.

If the Commission finds that the plan is feasible and the

bankruptcy court determines that the plan is fair and equitable to

the estate of the Milwaukee Railroad, the proponents of such plan

shall implement the plan no later than April 1, 1980.

(d) Judicial review

Except as provided in this section, the findings of the

Commission with respect to the plan shall not be subject to review.

(e) Furnishing of reports and other information for preparation of

plan

(1) The trustee of the Milwaukee Railroad shall promptly provide

to the person engaged in developing the employee or employee and

shipper ownership plan under this section -

(A) its most recent reports on the physical condition of the

railroad; and

(B) traffic, revenue, marketing, and other data necessary to

determine the amount of the acquisition cost of the railroad or

portion of the railroad that would be required to continue rail

transportation over the railroad line.

(2) Information provided pursuant to this subsection shall be

used only for purposes of preparing a plan and shall not be

disclosed to any competitor or, unless necessary in connection with

the preparation of the plan, to any customer of the Milwaukee

Railroad.

-SOURCE-

(Pub. L. 96-101, Sec. 6, Nov. 4, 1979, 93 Stat. 738.)

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 920 of this title.

-End-

-CITE-

45 USC Sec. 906 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 906. Guarantee of trustee certificates

-STATUTE-

(a) to (c) Omitted

(d) Authorization

The Secretary of Transportation shall, under the authority of the

Emergency Rail Services Act of 1970 [45 U.S.C. 661 et seq.],

immediately guarantee trustee certificates of the Milwaukee

Railroad, on the basis of an estimate of the amount required to be

provided under subsection (e) of this section, for purposes of

allowing the Milwaukee Railroad, commencing November 1, 1979, to

maintain its entire railroad system in accordance with section 920

of this title, and as required to finance operations which the

Milwaukee Railroad continues for the 60-day period beginning on the

date of the occurrence of an event described in section 920(b) of

this title or on April 1, 1980, whichever first occurs. Such

guarantee shall be made without regard to the findings set forth in

section 3(a) of the Emergency Rail Services Act of 1970 [45 U.S.C.

662(a)], and the provisions of section 3(b)(3) [45 U.S.C.

662(b)(3)] and the last two sentences of section 3(d) of such Act

[45 U.S.C. 662(d)] shall not apply to such guarantee.

(e) Amount of guarantee

The Secretary shall guarantee trustee certificates of the

Milwaukee Railroad pursuant to this section in an amount equal to

the difference between (1) the total expenses incurred by such

railroad attributable to the maintenance and the continuation of

service in accordance with subsection (d) of this section, and (2)

the revenues of such railroad.

(f) Subordination of claims

Notwithstanding the provisions of section 3(c) of the Emergency

Rail Services Act of 1970 [45 U.S.C. 662(c)], certificates

guaranteed under this chapter shall be subordinated to the claims

of any creditors of the Milwaukee Railroad as of November 4, 1979.

(g) Availability of funds

The Commission shall immediately make available to the Secretary

of Transportation the sum of $10,000,000, out of funds available

for directed service under title 49. The Secretary of

Transportation shall immediately make such funds available to the

trustee of the Milwaukee Railroad for purposes of financing the

operations of the Milwaukee Railroad, beginning November 1, 1979,

in accordance with section 920 of this title.

(h) Cancellation of United States obligations

(1) All obligations to the United States or any agency or

instrumentality of the United States incurred pursuant to this

section by the Milwaukee Railroad or the trustee of the property of

the Milwaukee Railroad shall be waived and canceled when -

(A) the Milwaukee Railroad is reorganized as an operating rail

carrier; or

(B) substantially all of the Milwaukee Railroad is purchased.

(2) For purposes of this subsection, substantially all of the

Milwaukee Railroad shall be considered as having been purchased

when (A) more than 50 percent of the rail system operated by the

Milwaukee Railroad on October 14, 1980, has been purchased, and (B)

more than 50 percent of the employees employed by the Milwaukee

Railroad on October 14, 1980, have obtained employment with other

rail carriers.

-SOURCE-

(Pub. L. 96-101, Sec. 7(less (a)-(c)), Nov. 4, 1979, 93 Stat. 740;

Pub. L. 96-448, title VII, Sec. 701(c)(1), Oct. 14, 1980, 94 Stat.

1961.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Rail Services Act of 1970, referred to in subsec.

(d), is Pub. L. 91-663, Jan. 8, 1971, 84 Stat. 1975, as amended,

which is classified generally to chapter 15 (Sec. 661 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 661 of this title and

Tables.

Directed service under title 49, referred to in subsec. (g),

probably refers to directed service under section 11125 of Title

49, Transportation, prior to the general amendment of subtitle IV

of Title 49, by Pub. L. 104-88, Sec. 102(a).

-COD-

CODIFICATION

Subsecs. (a) to (c) of this section amended section 662 of this

title.

-MISC1-

AMENDMENTS

1980 - Subsec. (h). Pub. L. 96-448 added subsec. (h).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section

710(d) of Pub. L. 96-448, set out as a note under section 1170 of

Title 11, Bankruptcy.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-End-

-CITE-

45 USC Sec. 907 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 907. Railroad hiring

-STATUTE-

Each person who is an employee of the Milwaukee Railroad on

September 30, 1979, and who is separated or furloughed from his

employment with such railroad (other than for cause) prior to April

1, 1984, as a result of a reduction of service by such railroad

shall, unless found to be less qualified than other applicants,

have the first right of hire by any other rail carrier that is

subject to regulation by the Commission for any vacancy that is not

covered by (1) an affirmative action plan, or a hiring plan

designed to eliminate discrimination, that is required by Federal

or State statute, regulation, or executive order, or by the order

of a Federal court or agency, or (2) a permissible voluntary

affirmative action plan. For purposes of this section, a rail

carrier shall not be considered to be hiring new employees when it

recalls any of its own furloughed employees.

-SOURCE-

(Pub. L. 96-101, Sec. 8, Nov. 4, 1979, 93 Stat. 740; Pub. L.

97-468, title II, Sec. 236(a), Jan. 14, 1983, 96 Stat. 2547.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-468 substituted "April 1, 1984" for "April 1,

1981".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-MISC2-

EXEMPTION OF NATIONAL RAILROAD PASSENGER CORPORATION IN HIRING

QUALIFIED TRAIN AND ENGINE EMPLOYEES

Section inapplicable to National Railroad Passenger Corporation

in hiring of qualified train and engine employees holding seniority

rights to work in intercity rail passenger service in connection

with the assumption by such Corporation of functions previously

performed under contract by other carriers, see section 4011(c) of

Pub. L. 99-272, set out as a note under section 797b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 797b, 797c, 919, 1004 of

this title.

-End-

-CITE-

45 USC Sec. 908 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 908. Employee protection agreements

-STATUTE-

(a) Agreement between Milwaukee Railroad and labor organizations

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.

(b) Submission of matter to National Mediation Board

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.

(1) 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.

(2) 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.

(d) Payment of benefits and allowances

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-

(Pub. L. 96-101, Sec. 9, Nov. 4, 1979, 93 Stat. 741.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 911, 912, 914, 919, 1018

of this title.

-End-

-CITE-

45 USC Sec. 909 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 909. Supplementary unemployment insurance

-STATUTE-

(a) Eligible employees

Any employee of the Milwaukee Railroad -

(1) who (A) is employed by the restructured Milwaukee Railroad,

and (B) is separated from that employment by reason of any

reduction in service by such railroad prior to April 1, 1984; or

(2) who (A) is separated from his employment with the Milwaukee

Railroad in connection with a restructuring transaction carried

out by such railroad, and obtains employment, prior to April 1,

1981, with another rail carrier, and (B) is separated from

employment with such other carrier prior to April 1, 1984,

shall be entitled to receive monthly supplementary unemployment

insurance in accordance with the provisions of this section.

(b) Period of payment

Each employee described in subsection (a) of this section shall

be entitled to receive supplementary unemployment insurance during

each month in which such employee is not employed, for all or a

portion of such month, by the Milwaukee Railroad or another rail

carrier. Each such employee shall be entitled to receive such

insurance for a total of not more than 36 months, except that -

(1) the period of entitlement for assistance under this section

shall not exceed the employee's total months of service with the

Milwaukee Railroad; and

(2) no compensation shall be provided under this section after

April 1, 1984, unless it is necessary in order to provide an

employee with at least 8 months of such insurance, but after such

date, such employee only shall receive such 8-month minimum if

such employee is not employed continuously after such date.

Supplementary unemployment insurance under this section shall be

payable to an employee on a monthly basis in an amount equal to -

(1) eighty percent of such employee's average monthly normal

compensation from employment with the Milwaukee Railroad during

the period beginning June 1, 1977, and ending on November 4,

1979, less

(2) the sum of (A) the amount of any benefits payable to such

employee for such month under the Railroad Unemployment Insurance

Act [45 U.S.C. 351 et seq.] or under any State unemployment

insurance program, and (B) the amount of any earnings of such

employee for such month from employment or self-employment of any

kind.

(d) Filing of application

An application for supplementary unemployment insurance shall be

filed with the Board in such time and manner as the Board by

regulation shall prescribe.

(e) Insurance as compensation

Any supplementary unemployment insurance received by any employee

pursuant to this section shall be considered to be compensation

solely -

(1) for purposes of the Railroad Retirement Act of 1974 (45

U.S.C. 231 et seq.); and

(2) for purposes of determining the compensation received by

such employee in any base year under the Railroad Unemployment

Insurance Act [45 U.S.C. 351 et seq.].

(f) Employees not covered

(1) The provisions of this section shall not apply to an employee

in the event of his resignation, retirement, or discharge for cause

from the employment of any rail carrier.

(2) An employee shall not be entitled to receive supplementary

unemployment insurance under this section if he has failed to

exhaust all seniority rights or other employment rights under

applicable collective bargaining agreements.

(3) An employee shall not be entitled to receive supplementary

unemployment insurance under this section for any month or portion

of a month in which such employee is unemployed due to normal

seasonal unemployment patterns in the railroad industry.

(g) Furloughed employees

For purposes of this section, any employee of the Milwaukee

Railroad who is furloughed shall be considered to be separated from

his employment.

-SOURCE-

(Pub. L. 96-101, Sec. 10(a)-(g), Nov. 4, 1979, 93 Stat. 741, 742.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in subsecs.

(c)(2) and (e)(2), is act June 25, 1938, ch. 680, 52 Stat. 1094, as

amended, which is classified principally to chapter 11 (Sec. 351 et

seq.) of this title. For complete classification of this Act to the

Code, see section 367 of this title and Tables.

The Railroad Retirement Act of 1974, referred to in subsec.

(e)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.

L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which

is classified generally to subchapter IV (Sec. 231 et seq.) of

chapter 9 of this title. For further details and complete

classification of this Act to the Code, see Codification note set

out preceding section 231 of this title, section 231t of this

title, and Tables.

-COD-

CODIFICATION

Section is comprised of subsecs. (a) to (g) of section 10 of Pub.

L. 96-101. Subsec. (h) of section 10 amended section 231f(b)(7) of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 912, 913, 919 of this

title.

-End-

-CITE-

45 USC Sec. 910 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 910. Repealed. Pub. L. 97-35, title XI, Sec. 1144(b), Aug. 13,

1981, 95 Stat. 669

-MISC1-

Section, Pub. L. 96-101, Sec. 11, Nov. 4, 1979, 93 Stat. 742, set

forth provisions respecting employment of Milwaukee Railroad

employees. See section 797c of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 13, 1981, see section 1169 of Pub. L.

97-35, set out as an Effective Date note under section 1101 of this

title.

-End-

-CITE-

45 USC Sec. 911 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 911. New career training assistance

-STATUTE-

(a) Eligible employees

Any employee who elects to receive a separation allowance from

the Milwaukee Railroad under an employee protection agreement

entered into under section 908 of this title shall be entitled to

receive from the Board expenses for training in qualified

institutions for new career opportunities.

(b) Commencement of training as condition

To be entitled for assistance under this section, an employee

must begin his course of training within two years following the

date of his separation from employment with the Milwaukee Railroad.

Entitlement to expenses for assistance under this section shall

be determined by the Board on the basis of an application therefor

filed by an employee with the Board.

(d) Assistance prohibited after April 1, 1984

No assistance may be provided under this section after April 1,

1984.

(e) Definitions

As used in this section -

(1) the term "expenses" means actual expenses paid for room,

board, tuition, fees, or educational material in an amount not to

exceed $3,000; and

(2) the term "qualified institution" means an educational

institution accredited for payment by the Veterans'

Administration under chapter 36 of title 38, or a

State-accredited institution which has been in existence for not

less than two years.

-SOURCE-

(Pub. L. 96-101, Sec. 12, Nov. 4, 1979, 93 Stat. 743; Pub. L.

96-254, title I, Sec. 119(f), May 30, 1980, 94 Stat. 408.)

-MISC1-

AMENDMENTS

1980 - Subsec. (e)(2). Pub. L. 96-254 inserted reference to

State-accredited institutions which have been in existence for not

less than two years.

-CHANGE-

CHANGE OF NAME

Reference to Veterans' Administration deemed to refer to

Department of Veterans Affairs pursuant to section 10 of Pub. L.

100-527, set out as a Department of Veterans Affairs Act note under

section 301 of Title 38, Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 912, 913, 919 of this

title.

-End-

-CITE-

45 USC Sec. 912 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 912. Election

-STATUTE-

Any employee who receives any assistance under section 909 or

section 911 of this title or under an employee protection agreement

entered into under section 908 of this title shall be deemed to

waive any employee protection benefits otherwise available to such

employee under the Bankruptcy Act, subtitle IV of title 49, or any

applicable contract or agreement.

-SOURCE-

(Pub. L. 96-101, Sec. 13, Nov. 4, 1979, 93 Stat. 743.)

-REFTEXT-

REFERENCES IN TEXT

Section 909 of this title, referred to in text, was in the

original "section 10", meaning section 10 of Pub. L. 96-101, Nov.

4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are

classified to section 909 of this title. Subsec. (h) of section 10

amended section 231f(b)(7) of this title.

The Bankruptcy Act, referred to in text, is act July 1, 1898, ch.

541, 30 Stat. 544, as amended, which was classified generally to

former Title 11, Bankruptcy. The Act was repealed effective Oct. 1,

1979, by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92

Stat. 2682, section 101 of which enacted revised Title 11. For

current provisions relating to railroad reorganization, see

subchapter IV (Sec. 1161 et seq.) of chapter 11 of Title 11.

-End-

-CITE-

45 USC Sec. 913 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 913. Authorization of appropriations

-STATUTE-

(a) There is authorized to be appropriated to provide

supplementary unemployment insurance under section 909 of this

title not to exceed $5,000,000.

(b) There is authorized to be appropriated for new career

training assistance under section 911 of this title not to exceed

$1,500,000.

out its administrative expenses under this chapter and the Rock

Island Railroad Transition and Employee Assistance Act [45 U.S.C.

1001 et seq.] not to exceed $750,000. Effective October 1, 1980,

there is authorized to be appropriated to the Board an additional

$1,000,000 to carry out its administrative expenses under this

chapter and the Rock Island Railroad Transition and Employee

Assistance Act [45 U.S.C. 1001 et seq.].

(d) There are authorized to be appropriated $15,000,000 for

purposes of providing transaction assistance in accordance with

section 825(h)(1)(A) and (B) of this title.

(e) Amounts appropriated under this section are authorized to

remain available until expended.

-SOURCE-

(Pub. L. 96-101, Sec. 14, Nov. 4, 1979, 93 Stat. 743; Pub. L.

96-254, title I, Sec. 109, May 30, 1980, 94 Stat. 403; Pub. L.

96-448, title VII, Sec. 701(c)(2), Oct. 14, 1980, 94 Stat. 1961;

Pub. L. 97-468, title II, Sec. 234(b), Jan. 14, 1983, 96 Stat.

2547.)

-REFTEXT-

REFERENCES IN TEXT

Section 909 of this title, referred to in subsec. (a), was in the

original "section 10", meaning section 10 of Pub. L. 96-101, Nov.

4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are

classified to section 909 of this title. Subsec. (h) of section 10

amended section 231f(b)(7) of this title.

The Rock Island Railroad Transition and Employee Assistance Act,

referred to in subsec. (c), is title I of Pub. L. 96-254, May 30,

1980, 94 Stat. 399, which is classified principally to chapter 19

(Sec. 1001 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1001 of this title and Tables.

Section 825 of this title, referred to in subsec. (d), was

repealed by Pub. L. 105-178, title VII, Sec. 7203(a)(2), June 9,

1998, 112 Stat. 477.

-MISC1-

AMENDMENTS

1983 - Subsec. (b). Pub. L. 97-468 struck out provision that,

effective Oct. 1, 1980, there was authorized to be appropriated an

additional $1,500,000 for new career training assistance under

section 911 of this title and section 1014 of this title.

1980 - Subsec. (b). Pub. L. 96-254, Sec. 109(b), inserted

provisions authorizing an appropriation of an additional

$1,500,000, effective Oct. 1, 1980, for career training assistance

under section 911 of this title and section 1014 of this title.

Subsec. (c). Pub. L. 96-254, Sec. 109(a), inserted provisions

authorizing the use of previously appropriated funds to carry out

administrative expenses under the Rock Island Railroad Transition

and Employee Assistance Act and authorizing an appropriation of an

additional $1,000,000, effective Oct. 1, 1980, to carry out

administrative expenses under this chapter and the Rock Island

Railroad Transition and Employee Assistance Act.

Subsecs. (d), (e). Pub. L. 96-448 added subsec. (d) and

redesignated former subsec. (d) as (e).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section

710(d) of Pub. L. 96-448, set out as a note under section 1170 of

Title 11, Bankruptcy.

-End-

-CITE-

45 USC Sec. 914 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 914. Obligation guarantees

-STATUTE-

(a) Authorization

The Secretary of Transportation, under the authority of section

831 of this title, shall guarantee obligations of the Milwaukee

Railroad for purposes of providing employee protection in

accordance with the terms of the employee protection agreement

entered into under section 908 of this title. Guarantees under this

section shall be entered into without regard to the requirements of

subsection (g) of section 831 of this title.

(b) Obligations as administrative expense

Any obligation guaranteed pursuant to this section shall be

treated as an administrative expense of the estate of the Milwaukee

Railroad.

The aggregate unpaid principal amount of obligations which may be

guaranteed by the Secretary pursuant to this section shall not

exceed $75,000,000.

(d) Limit on total liability

The total liability of the Milwaukee Railroad in connection with

benefits and allowances provided under an employee protection

agreement entered into under section 908 of this title shall not

exceed $75,000,000.

(e) Liability of United States respecting section 908 agreements

Except in connection with obligations guaranteed under this

section, the United States shall incur no liability to employees in

connection with any employee protection agreement entered into

under section 908 of this title.

(f) Applicability of section 836 of this title

Section 836 of this title shall not apply to any obligation

guaranteed under this section.

-SOURCE-

(Pub. L. 96-101, Sec. 15, Nov. 4, 1979, 93 Stat. 743; Pub. L.

96-448, title VII, Sec. 701(a)(3), Oct. 14, 1980, 94 Stat. 1959.)

-REFTEXT-

REFERENCES IN TEXT

Section 831 of this title, referred to in subsec. (a), was

repealed by Pub. L. 105-178, title VII, Sec. 7203(a)(2), June 9,

1998, 112 Stat. 477, except for subsec. (c) of that section, which

was renumbered and transferred to section 823(b) of this title by

section 7203(a)(4) of Pub. L. 105-178.

-MISC1-

AMENDMENTS

1980 - Subsec. (e). Pub. L. 96-448 inserted "to employees" after

"no liability".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section

710(d) of Pub. L. 96-448, set out as a note under section 1170 of

Title 11, Bankruptcy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 908 of this title.

-End-

-CITE-

45 USC Sec. 915 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-

Sec. 915. Court approved abandonment and sales in pending cases

-STATUTE-

(a) Abandonment of lines of railroad under Bankruptcy Act

Notwithstanding any other provision of law, in any case pending

under section 77 of the Bankruptcy Act on November 4, 1979, the

court may authorize the abandonment of lines of railroad pursuant

to section 1170 of title 11. Pending the expiration of the time for

appeal of an abandonment order or the determination of any such

appeal, the court may authorize the termination of service on a

line to be abandoned, and the order authorizing such termination

may not be stayed. In authorizing any abandonment pursuant to this

section, the court shall require the carrier to provide a fair

arrangement at least as protective of the interests of employees as

that required under section 11347 (!1) of title 49.

(b) Sale or transfer of lines of railroad under Bankruptcy Act

(1) Notwithstanding any other provision of law, in any case

pending under section 77 of the Bankruptcy Act on November 4, 1979,

the court may authorize the sale or transfer of a line of railroad

to be used in continued rail operations, subject to the approval of

the Commission under paragraph (2) of this subsection, if the

application with respect to such sale or transfer is filed with the

Commission on or after November 1, 1979. In authorizing any such

sale or transfer, the court shall provide a fair arrangement at

least as protective of the interests of employees as that required

under section 11347 (!1) of title 49.

(2) The court described in paragraph (1) may not authorize a sale

or transfer pursuant to such paragraph unless an appropriate