Page:United States Statutes at Large Volume 95.djvu/698

 95 STAT. 672

45 USC 367.

PUBLIC LAW 97-35—AUG. 13, 1981 stoppage arising out of the dispute, such employees shall not be eligible during the period of such work stoppage for benefits under the Railroad Unemployment Insurance Act. "(g) If the emergency board selects a final offer submitted by the employees and the carrier refuses to accept such offer, the carrier shall not participate in any benefits of any agreement between carriers which is designed to provide benefits to such carriers during a work stoppage. "(h) The provisions set forth in this section shall be the exclusive means for resolving any dispute relating to entering into an initisd collective bargaining agreement between Amtrak Commuter or a commuter authority, as the case may be, and representatives of the various classes or creifts of employees to be transferred to Amtrak Commuter or such commuter authority.". Subpart B—Freight Employees LABOR TRANSFER

Ante, p. 654.

SEC. 1146. (a) Title IV of the Regional Rail Reorganization Act of 1973, as added by this subtitle, is amended by adding at the end thereof the following new sections: "LABOR TRANSFER AGREEMENTS

45 USC 769b.

"SEC. 411. (a) IMPLEMENTING AGREEMENT.—Within 30 days after the date any freight transfer agreement is entered into under this title, any Class I or Class II railroad purchasing rail properties under such agreement, including any entity that attains such status on the transfer date, and the representatives of the various crafts or classes of employees of the Corporation to be transferred to such railroad or other entity shall commence implementing agreement negotiations. Such negotiations shall— "(1) determine the number of employees to be transferred to such railroad; "(2) identify the specific employees of the Corporation to whom such railroad or other entity offers employment; "(3) determine the procedure by which such employees may elect to accept emplo3n3ient with such railroad or other entity; "(4) determine the procedure for acceptance of such employees into employment with such railroad or other entity; "(5) determine the procedure for determining the seniority of such employees in their respective crafts or classes in the system of such railroad or other entity, which shall, to the extent possible, preserve their prior freight service seniority rights; and "(6) ensure that all such employees are transferred to such railroad or other entity no later than 120 days after the date the transfer agreement is entered into under this title. "(b) DECISION OF REFEREE.—(1) If no agreement with respect to the matters being negotiated pursuant to subsection (a) is reached within 30 days after the date such negotiations are commenced, the parties to the negotiations shall, within an additional 10 days, select a neutral referee. If the parties are unable to agree upon the selection of such a referee, the National Mediation Boeird shall promptly appoint a referee. (2) The referee shall commence hearings on the matters being negotiated pursuant to subsection (a) within 10 days after the date he is selected or appointed, and shall render a decision within 30 days

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