Page:United States Statutes at Large Volume 90 Part 1.djvu/163

 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 113

ice under the provisions of this Act, to each employee of a railroad in reorganization in the region who has not already accepted an offer of employment by the Association (where applicable), an acquiring railroad, or the Corporation. Such offers of employment to employees represented by labor organizations shall be confined to their same craft and class. The Corporation shall apply to such employees the protective provisions of this title.". (b) Section 502(a) of such Act (45 U.S.C. 772(a)) is amended by adding at the end thereof the following new sentence: "As used in this subsection, the term 'where applicable' refers to the relation of the ,^ Association, as an employer (A) to employees of the Association who, before the date of conveyance, under section 303(b)(1) of this Act, 45 USC 743. had creditable service under the relevant statute and who were offered and accepted coverage under such statute, and (B) to former employees of railroads in reorganization in the region, after the date of such conveyance.". COLLECTIVE BARGAINING AGREEMENTS

SEC. 615. Section 504 of such Act (45 U.S.C. 774) is amended by adding at the end thereof the following three new subsections: "(e) LIABILITY FOR EMPLOYEE CLAIMS.—In all cases of claims by employees, arising under the collective bargaining agreements of the railroads in reorganization in the region, and subject to section 3 of the Railway Labor Act (45 U.S.C. 153), the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier, as the case may be, shall assume responsibility for the processing of any such claims, and payment of those which are sustained or settled on or subsequent to the date of conveyance, under section 303(b)(1) of this Act, and shall be entitled to direct reimbursement from the Association pursuant to section 211(h) of this Act. In those cases in which Ante, p. 92. claims for employees were sustained or settled prior to such date of conveyance, it shall be the obligation of the employees to seek satisfication against the estates of the railroads in reorganization which were their former employers.



"(f) TRANSFER OF EMPLOYEES TO THE NATIONAL RAILROAD PASSENGER CORPORATION OR ACQUIRING RAILROADS.—Notwithstanding any

otherwise applicable provisions of this title, protected employees to whom the Corporation has made offers of employment may be transferred to the National Railroad Passenger Corporation in accordance with the following procedure: "(1) Not later than 90 days after the date of completion of the transaction required by section 206(c) of this Act, implement- 45 USC 716. ing agreement negotiations between representatives of the various crafts or classes of employees associated with the involved properties, the Corporation, and the National Railroad Passenger Corporation shall commence. These negotiations shall— "(A) identify the specific employees of the Corporation to whom the National Railroad Passenger Corporation offers employment; "(B) the procedure by which those employees of the Corporation may elect to accept employment with the National Railroad Passenger Corporation; [ "(C) the procedure for acceptance of such employees into the National Railroad Passenger Corporation's employment; and " (D) the procedure for determining the seniority of such « employees in their respective crafts or classes on the National

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