Page:United States Statutes at Large Volume 90 Part 1.djvu/167

 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 117

DUTIES OF ACQUIRING AND SELLING RAILROADS

SEC. 617. Section 508 of such Act (45 U.S.C. 778) is amended to read as follows: " D U T I E S O F ACQUIRING AND SELLING RAILROADS

" SEC. 508. (a) ACQUIRING RAILROADS.—(1) A n acquiring railroad

shall oifer such employment, subject to such rules and working conditions, and afford such employment protection to employees of a railroad from which it acquires properties or facilities (including operating rights) pursuant to this Act, and shall afford such protection to its own employees who are adversely affected by such acquisition, as shall be agreed upon between such acquiring railroad and the representatives of such employees prior to such acquisition, except that the protection and benefits (except as to rules and workin.": conditions) provided for protected employees in such agreements shall be the same as those specified in section 505 of t h i s title. Unless and until such agreements are reached, the acquiring railroad shall not enter into purchase agreements pursuant to section 206(d)(4) of this Act. For purposes of this subsection, the National Railroad Passenger Corporation shall be deemed to be an acquiring railroad, with respect to employees described in section 501(3) of this title. " (2) I f the National Railroad Passenger Corporation acquires rail properties of a railroad in reorganization in the region, p r i o r to the date of conveyance of rail properties to the Corporation pursuant to section 303(b)(1) of this Act b u t after the publication of the preliminary system plan, it shall offer such employment and afford such employment protection to employees of a railroad from which it acquires rail properties and shall further protect its own employees who may be adversely affected by such acquisition, as shall be agreed upon between the National Railroad Passenger Corporation and the representatives of such employees prior to such acquisitions. The protection and benefits provided for employees in such agreements shall be the same as those specified in section 505 of this titl^, and such protection and benefits shall supersede conflicting provisions in any previously applicable job stabilization agreements or agreements implementing such stabilization agreements, and the National Railroad Passenger Corporation shall be reimbursed for expenses incurred as a result of any such acquisition, as provided in section 509 of this title. " (b) SELLING RAILROADS.—A selling railroad shall offer such employment and shall provide such employment protection to each of its employees who are adversely affected by such sale, pursuant to agreements to be entered into between it and the representatives of such employees prior to said sale: Provided, That (1) the protection and benefits provided for protected employees in such agreements shall be the same as those specified in section 505 of this title, and (2) unless and until such agreements a r e reached, the selling railroad shall not enter into selling agreements pursuant to section 206(d) of this Act.". EXEMPTIONS

SEC. 618. (a) Section 601(a)(2) of such Act (45 U.S.C. 791 (a)(2)) is amended by adding immediately before the period at the end thereof the following: " and with respect to any action taken to formulate or implement any supplemental transaction". (b) Section 601(b) of such Act (45 U.S.C. 7 9 1 (b)) is amended to read as follows:

45 USC 775. 45 USC 716. 45 USC 771.

45 USC 743.

/

Ante, p. 116.

iJ

�