Page:United States Statutes at Large Volume 87.djvu/1045

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87 STAT. ]

PUBLIC LAW 93-236-JAN. 2, 1974

-which is represented by a labor organization that has been duly authorized or recognized pursuant to the Kailway Labor Act as its representative for purposes of collective bargaining; (5) "representative of a class or craft of employees" means a labor organization which has been duly authorized or recognized as the collective bargaining representative'of a class or craft of employees pursuant to the Railway Labor Act; (6) "deprived of employment" means the inability of a protected employee to obtain a position by the normal exercise of his seniority rights with the Corporation after properly electing to accept employment therewith or, the subsequent loss of a position and inability, by the normal exercise of his seniority rights under the applicable collective bargaining agreements, to obtain another position with the Corporation: Provided, liowever^ That provisions in existing collective bargaining agreements of a railroad in reorganization, which do not require a protected employee, in the normal exercise of seniority rights, to make a change in residence, in order to maintain his protection, will be preserved and will also be extended and be applicable to all other protected employees of that same craft or class. I t shall not, however, include any deprivation of employment by reason of death, retirement, resignation, dismissal or disciplinary suspension •for cause, failure to work due to illness or disability, nor any severance of employment covered by subsections (d) and (e) of section 505 of this title; (7) "employee adversely affected with respect to his compensation" means a protected employee who suffers a reduction in compensation; (8) "transaction" means actions taken pursuant to the provisions of this Act or the results thereof; and (9) "change in residence" means transfer to a work location which is located either (A) outside a radius of 30 miles of the employee's former work location and farther from his residence than was his former work location or (B) is located more than 30 normal highway route miles from his residence and also farther from his residence than was his former work location. EMPLOYMENT

1013

44 Stat. 577. 45 USC 1 5 1.

OFFERS

SEC. 502. (a) AITLICABLE LAW.—The Corporation and, where appli-

cable, the Association shall be subject to the provisions of the Railway Labor Act and shall be considered employers for purposes of the Railroad Retirement Act, Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act. The Corporation, in addition, shall, except as otherwise specifically provided by this Act, be subject to all Federal and State laws and regulations applicable to carriers by railroad. (b) JMAXDATORV OFFER.—The Corporation shall offer employment, to be effective as of the date of a conveyance or discontinuance of service under the provisions of this Act, "to each employee of a railroad in reorganization who has not already accepted an offer of employment by the Association, where applicable, or an acquiring railroad. Such offers of employment to employees represented by labor organizations will be confined to their same craft or.class. The Corporation shall apply to said employees the protective provisions of this title. (c) ASSOCIATION.—After the transfer of rail properties pursuant to section 303, the Association, in employing any additional employees, shall give priority consideration to employees of a railroad in reorganization and the provisions of this title shall apply to any such employees employed by the Association as if they were employees of the Corporation.

^s Stat. i283. 52 sta^^ioaV. 45 USC 367.

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