45 USC 1005 – Employee protection agreement
(a) Authorization; time for agreement; use of funds
The Secretary and the representatives of the various classes and crafts of employees of the Rock Island Railroad shall, not later than 90 days after January 14, 1983, enter into an agreement providing protection for employees of the Rock Island Railroad who are adversely affected as a result of a reduction in service by such Railroad. Such agreement may provide for the use of funds described in subsection (c) of this section for the following purposes:
(1) Subsistence allowances to employees.
(2) Moving expenses for employees who must make a change in residence.
(3) Retraining expenses for employees who are seeking employment in new areas.
(4) Separation allowances for employees.
(5) Health and welfare insurance premiums.
(6) Such other purposes as may be agreed upon by the parties.
(b) Failure to reach agreement; benefit schedule
Terms Used In 45 USC 1005
- Board: means the Railroad Retirement Board. See 45 USC 1002
- employee: includes any employee of the Rock Island Railroad as of August 1, 1979, but does not include any individual serving as president, vice-president, secretary, treasurer, comptroller, counsel, member of the board of directors, or any other person performing such functions. See 45 USC 1002
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Rock Island Railroad: means the Chicago, Rock Island and Pacific Railroad Company, the estate of such Company in its reorganization proceeding, or the trustee appointed in such proceeding. See 45 USC 1002
- Secretary: means the Secretary of Transportation. See 45 USC 1002
If the parties are unable to reach agreement within the time period specified in subsection (a) of this section, the Secretary shall, within 30 days after the expiration of such time period, prescribe a schedule of benefits for employee protection not inconsistent with the provisions of this chapter.
(c) Limitations on funds
Any agreement entered into under subsection (a) of this section, and any benefit schedule prescribed under subsection (b) of this section, shall not require the expenditure of funds in excess of amounts authorized to be appropriated under section 727(f)(1)(C) of this title, nor shall any individual employee receive benefits in excess of $20,000 under such agreement or benefit schedule. No benefits or assistance may be provided under any agreement entered into or benefit schedule prescribed under this section after April 1, 1984.
(d) Administration of funds; promulgation of regulations
The Board shall, in such manner as it shall prescribe by regulation, administer the distribution of funds under any agreement entered into or benefit schedule prescribed under this section, and shall determine the amount for which each employee is eligible under such agreement or benefit schedule. Such regulation shall include procedures to resolve by final and binding arbitration any dispute over an employee’s eligibility or claim.