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45 U.S.C. § 797E

Section 797e · Assignment of work

Amended 1 time on record

Applied in 3 court decisions — leading case Division No. 1, Detroit, Brotherhood of Locomotive Engineers v. Consolidated Rail Corp. (1988)

Most recently applied in Consolidated Rail Corp. v. United Transportation Union (December 1990)

(a) General

With respect to any craft or class of employees not covered by a collective bargaining agreement that provides for a process substantially equivalent to that provided for in this section, the Corporation shall have the right to assign, allocate, reassign, reallocate, and consolidate work formerly performed on the rail properties acquired pursuant to the provisions of this chapter from a railroad in reorganization to any location, facility, or position on its system if it does not remove such work from coverage of a collective bargaining agreement and does not infringe upon the existing classification of work rights of any craft or class of employees at the location or facility to which such work is assigned, allocated, reassigned, reallocated, or consolidated. Prior to the exercise of authority under this subsection, the Corporation shall negotiate an agreement with the representatives of the employees involved permitting such employees the right to follow their work.

(b) Expiration

The authority granted by this section shall apply only for as long as benefits are provided under this subchapter with funds made available under section 797l 1 of this title.

Editorial notes U.S. Code · Office of the Law Revision Counsel

References in Text

Section 797l of this title, referred to in subsec. (b), was repealed by Pub. L. 99–509, title IV, §4033(a)(2), Oct. 21, 1986, 100 Stat. 1908.

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