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U.S. Code as of:
01/19/04
Section 159a. Special procedure for commuter service
(a) Applicability of provisions
Except as provided in section 590(h) (!1) of this title, the
provisions of this section shall apply to any dispute subject to
this chapter between a publicly funded and publicly operated
carrier providing rail commuter service (including the Amtrak
Commuter Services Corporation) and its employees.
(b) Request for establishment of emergency board
If a dispute between the parties described in subsection (a) of
this section is not adjusted under the foregoing provisions of this
chapter and the President does not, under section 160 of this
title, create an emergency board to investigate and report on such
dispute, then any party to the dispute or the Governor of any State
through which the service that is the subject of the dispute is
operated may request the President to establish such an emergency
board.
(c) Establishment of emergency board
(1) Upon the request of a party or a Governor under subsection
(b) of this section, the President shall create an emergency board
to investigate and report on the dispute in accordance with section
160 of this title. For purposes of this subsection, the period
during which no change, except by agreement, shall be made by the
parties in the conditions out of which the dispute arose shall be
120 days from the day of the creation of such emergency board.
(2) If the President, in his discretion, creates a board to
investigate and report on a dispute between the parties described
in subsection (a) of this section, the provisions of this section
shall apply to the same extent as if such board had been created
pursuant to paragraph (1) of this subsection.
(d) Public hearing by National Mediation Board upon failure of
emergency board to effectuate settlement of dispute
Within 60 days after the creation of an emergency board under
this section, if there has been no settlement between the parties,
the National Mediation Board shall conduct a public hearing on the
dispute at which each party shall appear and provide testimony
setting forth the reasons it has not accepted the recommendations
of the emergency board for settlement of the dispute.
(e) Establishment of second emergency board
If no settlement in the dispute is reached at the end of the
120-day period beginning on the date of the creation of the
emergency board, any party to the dispute or the Governor of any
State through which the service that is the subject of the dispute
is operated may request the President to establish another
emergency board, in which case the President shall establish such
emergency board.
(f) Submission of final offers to second emergency board by parties
Within 30 days after creation of a board under subsection (e) of
this section, the parties to the dispute shall submit to the board
final offers for settlement of the dispute.
(g) Report of second emergency board
Within 30 days after the submission of final offers under
subsection (f) of this section, the emergency board shall submit a
report to the President setting forth its selection of the most
reasonable offer.
(h) Maintenance of status quo during dispute period
From the time a request to establish a board is made under
subsection (e) of this section until 60 days after such board makes
its report under subsection (g) of this section, no change, except
by agreement, shall be made by the parties in the conditions out of
which the dispute arose.
(i) Work stoppages by employees subsequent to carrier offer
selected; eligibility of employees for benefits
If the emergency board selects the final offer submitted by the
carrier and, after the expiration of the 60-day period described in
subsection (h) of this section, the employees of such carrier
engage in any work 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
[45 U.S.C. 351 et seq.].
(j) Work stoppages by employees subsequent to employees offer
selected; eligibility of employer for benefits
If the emergency board selects the final offer submitted by the
employees and, after the expiration of the 60-day period described
in subsection (h) of this section, the carrier refuses to accept
the final offer submitted by the employees and the employees of
such carrier engage in any work stoppage arising out of the
dispute, 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.
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