Page:United States Statutes at Large Volume 94 Part 2.djvu/537

 PUBLIC LAW 96-423—OCT. 10, 1980

94 STAT. 1815

(e)(2), and (e)(6)(A) of the Department of Transportation Act (49 U.S.C. 1655 (e)(1), (e)(2), and (e)(6)(A))" immediately before the period at the end thereof. (b) Section 210 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 439) is amended by adding at the end thereof the following new subsection: "(c) Subject to section 207(d) of this title, any action under subsection (a) of this section may be brought in the United States district court for the judicial district in which the violation occurred or in which the defendant has its principal executive office.".

Location. Ante p. 1812.

PROTECTION AND RIGHTS OF EMPLOYEES

SEC. 10. The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.) is amended by inserting after section 211 the following new section: "SEC. 212. PROTECTION AND RIGHTS OF EMPLOYEES.

"(a) A common carrier by railroad engaged in interstate or foreign commerce may not discharge or in any manner discriminate against any employee because such employee, whether acting in his own behalf or in a representative capacity, has— "(1) filed any complaint or instituted or caused to be instituted any proceeding under or related to the enforcement of the Federal railroad safety laws; or "(2) testified or is about to testify in any such proceeding. "(b)(1) A common carrier by railroad engaged in interstate or foreign commerce may not discharge or in any manner discriminate against any employee for refusing to work when confronted by a hazardous condition related to the performance of the employee's duties, if— "(A) the refusal is made in good faith and no reasonable alternative to such refusal is available to the employee; "(B) the hazardous condition is of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that— "(i) the condition presents an imminent danger of death or serious injury; and "(ii) there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory channels; and "(C) the employee, where possible, has notified his employer of his apprehension of such hazardous condition and of his intention not to perform further work unless such condition is corrected immediately. "(2) The provisions of this subsection shall not apply to security personnel employed by a railroad to protect persons and property transported by such railroad. "(c)(1) Any dispute, grievance, or claim arising under this section shall be subject to resolution in accordance with the procedures set forth in section 3 of the Railway Labor Act (45 U.S.C. 153). "(2) In the case of any violation of subsection (a) or (b) of this section, the Adjustment Board (or any division or delegate thereof) or any other board of adjustment created under section 3 of the Railway Labor Act shall, where appropriate, award backpay to the aggrieved employee and order such employee reinstated to his position. "(d) Whenever an employee of a railroad is afforded protection under this section and under any other provision of law in connection

45 USC 441.

Security personnel, exemption. Dispute resolution. Backpay; reinstatement.

Election of provision.

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