Page:United States Statutes at Large Volume 95.djvu/699

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 673

after the date of commencement of such hearings. All parties may participate in the hearings, but the referee shall have the only vote. "(3) The referee shall resolve and decide all matters in dispute with respect to the negotiation of the implementing agreement or agreements. The referee's decision shall be final and binding to the same extent as an award of an adjustment board under section 3 of the Railway Labor Act, and shall constitute the implementing agreement 45 USC 153. or agreements between the parties. The National Mediation Board shall fix and pay the compensation of such referees. "LABOR CONDITIONS

412. (a) NEW YORK DOCK.—Employees of the Corporation who 45 USC 769c. are transferred under this title shall be entitled to the labor protection benefits set forth in New York Dock Railway-C!ontrol-Brooklyn Eastern Terminal, 360 ICC 60 (1979), except as provided in subsection (b) of this section. "(b) ALTERNATIVES.—(1) If the entity to which such employees are transferred was a railroad under the provisions of subtitle IV of title 49, United States Code, prior to the date of transfer, and the parties 49 USC loioi are unable to reach a collective bargaining agreement under proce- ^* *^^" dures referred to in subsection (a), the collective bargaining agreement in effect between such railroad and its employees shall govern. "(2) If the entity to which such employees are transferred was not a railroad under the provisions of subtitle IV of title 49, United States Code, prior to the date of transfer, and the parties are unable to reach a collective bargaining agreement under procedures referred to in subsection (a), the collective bargaining agreement in effect between the Corporation and its employees prior to the date of transfer shall govern. "(c) CLASS III EXEMPTION.—The provisions of this section shall not apply to any Class III carrier.". (b) The table of contents of the Regional Rail Reorganization Act of 1973 is amended by striking out the items relating to title IV and inserting in lieu thereof the following new items: "SEC.

"TITLE IV—TRANSFER OF FREIGHT SERVICE "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

401. 402. 403. 404. 405. 406. 407. 408. 409. 410. 411. 412.

Interest of United States. Debt and preferred stock. Profitability determinations. Failure to sell as entity. Transfer plan. Consolidation of agreements. Public comment and congressional notification. Performance under agreements; effect. Assignment. Subsidiaries. Labor transfer agreements. Labor conditions.".

PART 5—UNITED STATES RAILWAY ASSOCIATION ORGANIZATION OF USRA

SEC. 1147. Section 201 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 711) is amended by striking out subsections (d) through (i), by redesignating subsections 0') and (k) as subsections (g) and (h), respectively, and by inserting after subsection (c) the following new subsections:

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