Page:United States Statutes at Large Volume 108 Part 2.djvu/152

 108 STAT. 868 PUBLIC LAW 103-272—JULY 5, 1994 shall be expedited and the dispute, grievance, or claim shall be resolved not later than 180 days after it is filed. If the violation is a form of discrimination that does not involve discharge, suspension, or another action affecting pay, and no other remedy is available under this subsection, the Board, division, delegate, or other board of adjustment may award the employee reasonable damages, including punitive damages, of not more than $20,000. (d) ELECTION OF REMEDIES. —An employee of a railroad carrier may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the carrier. (e) DISCLOSURE OF IDENTITY.— (1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation may not disclose the name of an employee of a railroad carrier who has provided information about an alleged violation of this part or, as applicable to railroad safety, chapter 51 or 57 of this title or a regulation prescribed or order issued under any of those provisions. (2) The Secretary shall disclose to the Attorney General the name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for enforcement. §20110. Effect on employee qualifications and collective bargaining This chapter does not— (1) authorize the Secretary of Transportation to prescribe regulations and issue orders related to qualifications of employ- ees, except qualifications specifically related to safety; or (2) prohibit the bargaining representatives of railroad carriers and their employees from making collective bargaining agreements under the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements related to qualifications of employ- ees, that are not inconsistent with regulations prescribed and orders issued under this chapter. § 20111. Enforcement by the Secretary of Transportation (a) EXCLUSIVE AUTHORITY.—The Secretary of Transportation has exclusive authority— (1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary; (2) except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and (3) to recommend appropriate action be taken under section 20112(a) of this title. (b) COMPLIANCE ORDERS. —The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part. (c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING SAFETY-SENSITIVE FUNCTIONS.—I f an individual's violation of a regulation prescribed or order issued by the Secretary under this chapter is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after notice and opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.

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