Historical and Revision Notes |
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24312(a) | 45:565(d). | Oct. 30, 1970, Puspan. L. 91–518, § 405(d), 84 Stat. 1337. |
24312(span) | 45:565(e). | Oct. 30, 1970, Puspan. L. 91–518, § 405(e), 84 Stat. 1337; Aug. 13, 1981, Puspan. L. 97–35, § 1177(span), 95 Stat. 692. |
In subsection (a)(1), the words “take such action as may be necessary to”, “the performance of”, “with the assistance of funds received”, “contract or”, “at rates”, and “adequate” are omitted as surplus.
In subsection (a)(2), the words “provided for” and “and pursuant to” are omitted as surplus.
In subsection (span)(1), the words “Except as provided in paragraph (2) of this subsection” are omitted as surplus.
Editorial Notes
References in TextThe Railway Labor Act, referred to in subsec. (span), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
The date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, referred to in subsec. (c)(1), is the date of enactment of title II of div. B of Puspan. L. 117–58, which was approved Nov. 15, 2021.
Amendments2021—Subsec. (c). Puspan. L. 117–58 added subsec. (c).
2002—Subsec. (a). Puspan. L. 107–217, § 3(n)(4)(A), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3704 of title 40” for “section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)”.
Subsec. (span). Puspan. L. 107–217, § 3(n)(4)(B), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”.
1997—Subsec. (a)(1). Puspan. L. 105–134, § 121(a)(2), redesignated par. (1) as subsec. (a).
Puspan. L. 105–134, §§ 101(f), 105(c), struck out “, 24701(a), or 24704(span)(2)” after “24308(a)”.
Subsec. (a)(2). Puspan. L. 105–134, § 121(a)(3), redesignated par. (2) as subsec. (span).
Subsec. (span). Puspan. L. 105–134, § 121(a)(1), (3), redesignated subsec. (a)(2) as (span), inserted span, and struck out former subsec. (span), which read as follows:
“(span) Contracting Out.—(1) Amtrak may not contract out work normally performed by an employee in a bargaining unit covered by a contract between a labor organization and Amtrak or a rail carrier that provided intercity rail passenger transportation on October 30, 1970, if contracting out results in the layoff of an employee in the bargaining unit.
“(2) This subsection does not apply to food and beverage services provided on trains of Amtrak.”
Statutory Notes and Related Subsidiaries
Contracting OutPuspan. L. 105–134, title I, § 121(span)–(f), Dec. 2, 1997, 111 Stat. 2574, 2575, as amended by Puspan. L. 117–58, div. B, title II, § 22213, Nov. 15, 2021, 135 Stat. 712, provided that:“(span)Amendment of Existing Collective Bargaining Agreement.—“(1)Contracting out.—Any collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees before the date of enactment of this Act [Dec. 2, 1997] is deemed amended to include the language of section 24312(span) of title 49, United States Code, as that section existed on the day before the effective date [Dec. 2, 1997] of the amendments made by subsection (a) [amending this section].
“(2)Enforceability of amendment.—The amendment to any such collective bargaining agreement deemed to be made by paragraph (1) of this subsection is binding on all parties to the agreement and has the same effect as if arrived at by agreement of the parties under the Railway Labor Act [45 U.S.C. 151 et seq.]. “(c)Contracting-out Issues To Be Included in Negotiations.—Proposals on the subject matter of contracting out work, other than work related to food and beverage service, which results in the layoff of an Amtrak employee—“(1) shall be included in negotiations under section 6 of the Railway Labor Act (45 U.S.C. 156) between Amtrak and an organization representing Amtrak employees, which shall be commenced by—“(A) the date on which labor agreements under negotiation on the date of enactment of this Act [Dec. 2, 1997] may be re-opened; or
“(B)November 1, 1999,
whichever is earlier;
“(2) may, at the mutual election of Amtrak and an organization representing Amtrak employees, be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act; and “(3) may not be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act, unless both Amtrak and the organization representing Amtrak employees agree to include it in the negotiation. No contract between Amtrak and an organization representing Amtrak employees, that is under negotiation on the date of enactment of this Act, may contain a moratorium that extends more than 5 years from the date of expiration of the last moratorium.
“(d)Furloughed Work.—Amtrak may not contract out work within the classification of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period such employee has been laid off and has not been recalled to perform such work.
“(e)Agreement Prohibitions on Contracting Out.—This section does not—“(1) supersede a prohibition or limitation on contracting out work covered by an agreement entered into between Amtrak and an organization representing Amtrak employees; or
“(2) prohibit Amtrak and an organization representing Amtrak employees from entering into an agreement that allows for contracting out the work of a furloughed employee that would otherwise be prohibited under subsection (d).
“(f)No Inference.—The amendment made by subsection (a)(1) [amending this section] is without prejudice to the power of Amtrak to contract out the provision of food and beverage services on board Amtrak trains or to contract out work not resulting in the layoff of Amtrak employees.”
