Page:United States Statutes at Large Volume 112 Part 3.djvu/77

 PUBLIC LAW 105-258—OCT. 14, 1998 112 STAT. 1907 requesting labor organization within a reasonable period of time. "(C) This paragraph requires the disclosure of information by an ocean common carrier only if there exists an applicable and otherwise lawful collective bargaining agreement which pertains to that carrier. No disclosure made by an ocean common carrier shall be deemed to be an admission or agreement that any work is covered by a collective bargaining agreement. Any dispute regarding whether any work is covered by a collective bargaining agreement and the responsibility of the ocean common carrier under such agreement shall be resolved solely in accordance with the dispute resolution procedures contained in the collective bargaining agreement and the National Labor Relations Act, and without reference to this paragraph. "(D) Nothing in this paragraph shall have any effect on the lawfulness or unlawfulness under this Act, the National Labor Relations Act, the Taft-Hartley Act, the Federal Trade Commission Act, the antitrust laws, or any other Federal or State law, or any revisions or amendments thereto, of any collective bargaining agreement or element thereof, including any element that constitutes an essential term of a service contract under this subsection. "(E) For purposes of this paragraph the terms 'dock area' and 'within the port area' shall have the same meaning and scope as in the applicable collective bargaining agreement between the requesting labor organization and the carrier.". (c) RATES.— Subsection (d) of that section is amended by— (1) striking the subsection caption and inserting "(d) TARIFF RATES.— "; (2) striking "30 days after filing with the Commission." in the first sentence and inserting "30 calendar days after publication,"; (3) inserting "calendar" after "30" in the next sentence; and (4) striking "publication and filing with the Commission." in the last sentence and inserting "publication.". (d) REFUNDS.— Subsection (e) of that section is amended by— (1) striking "tariff of a clerical or administrative nature or an error due to inadvertence" in paragraph (1) and inserting a comma; and (2) striking "file a new tariff," in paragraph (1) and inserting "publish a new tariff, or an error in quoting a tariff,"; (3) striking "refund, filed a new tariff with the Commission" in paragraph (2) and inserting "refund for an error in a tariff or a failure to publish a tariff, published a new tariff; (4) inserting "and" at the end of paragraph (2); and (5) striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (e) MARINE TERMINAL OPERATOR SCHEDULES. —Subsection (f) of that section is amended to read as follows: "(f) MARINE TERMINAL OPERATOR SCHEDULES. —A marine terminal operator may make available to the public, subject to section 10(d) of this Act, a schedule of rates, regulations, and practices, including Hmitations of liability for cargo loss or damage, pertaining

�