Page:United States Statutes at Large Volume 120.djvu/1566

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1535

by an ocean common carrier unless there exists an applicable and otherwise lawful collective bargaining agreement pertaining to that carrier. A disclosure by an ocean common carrier may not be deemed an admission or an agreement that any work is covered by a collective bargaining agreement. A dispute about whether any work is covered by a collective bargaining agreement and the responsibility of an ocean common carrier under a collective bargaining agreement shall be resolved solely in accordance with the dispute resolution procedures contained in the collective bargaining agreement and the National Labor Relations Act (29 U.S.C. 151 et seq.), and without reference to this subsection. ‘‘(5) EFFECT UNDER OTHER LAWS.—This subsection does not affect the lawfulness or unlawfulness under this part or any other Federal or State law of any collective bargaining agreement or element thereof, including any element that constitutes an essential term of a service contract. ‘‘(f) REMEDY FOR BREACH.—Unless the parties agree otherwise, the exclusive remedy for a breach of a service contract is an action in an appropriate court. The contract dispute resolution forum may not be controlled by or in any way affiliated with a controlled carrier or by the government that owns or controls the carrier. ‘‘§ 40503. Refunds and waivers ‘‘The Federal Maritime Commission, on application of a carrier or shipper, may permit a common carrier or conference to refund a portion of the freight charges collected from a shipper, or to waive collection of a portion of the charges from a shipper, if— ‘‘(1) there is an error in a tariff, a failure to publish a new tariff, or an error in quoting a tariff, and the refund or waiver will not result in discrimination among shippers, ports, or carriers; ‘‘(2) the common carrier or conference, before filing an application for authority to refund or waive any charges for an error in a tariff or a failure to publish a tariff, has published a new tariff setting forth the rate on which the refund or waiver would be based; and ‘‘(3) the application for the refund or waiver is filed with the Commission within 180 days from the date of shipment. ‘‘CHAPTER 407—CONTROLLED CARRIERS ‘‘Sec. ‘‘40701. ‘‘40702. ‘‘40703. ‘‘40704. ‘‘40705. ‘‘40706.

Rates. Rate standards. Effective date of rates. Commission review. Presidential review of Commission orders. Exceptions.

‘‘§ 40701. Rates ‘‘(a) IN GENERAL.—A controlled carrier may not— ‘‘(1) maintain a rate or charge in a tariff or service contract, or charge or assess a rate, that is below a just and reasonable level; or ‘‘(2) establish, maintain, or enforce in a tariff or service contract a classification, rule, or regulation that results, or is likely to result, in the carriage or handling of cargo at a rate or charge that is below a just and reasonable level.

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