Page:United States Statutes at Large Volume 111 Part 3.djvu/488

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Ill STAT. 2576 PUBLIC LAW 105-134—DEC. 2, 1997 (A) is unresolved as of the date which is 120 days after the date of the enactment of this Act; and (B) is not submitted to arbitration as described in subsection (c), Amtrak shall, and the labor organization parties to such dispute shall, within 127 days after the date of the enactment of this Act, each select an individual from the entire roster of arbitrators maintained by the National Mediation Board. Within 134 days after the date of the enactment of this Act, the individuals selected under the preceding sentence shall jointly select an individual from such roster to make recommendations with respect to such dispute under this subsection. If the National Mediation Board is not informed of the selection under the preceding sentence 134 days after the date of enactment of this Act, the Board shall immediately select such individual. (2) No individual shall be selected under paragraph (1) who is pecuniarily or otherwise interested in any organization of employ- ees or any railroad. (3) The compensation of individuals selected under paragraph Applicability. (1) shall be fixed by the National Mediation Board. The second paragraph of section 10 of the Railway Labor Act shall apply to the expenses of such individuals as if such individuals were members of a board created under such section 10. (4) If the parties to a dispute described in subsection (a) fail to reach agreement within 150 days after the date of the enactment of this Act, the individual selected under paragraph (1) with respect to such dispute shall make recommendations to the parties proposing contract terms to resolve the dispute. (5) If the parties to a dispute described in subsection (a) fail to reach agreement, no change shall be made by either of the parties in the conditions out of which the dispute arose for 30 days after recommendations are made under paragraph (4). (6) Section 10 of the Railway Labor Act (45 U.S.C. 160) shall not apply to a dispute described in subsection (a). (e) No PRECEDENT FOR FREIGHT. —Nothing in this Act, or in any amendment made by this Act, shall affect the level of protection provided to freight railroad employees and mass transportation employees as it existed on the day before the date of enactment of this Act. SEC. 142. SERVICE DISCONTINUANCE. (a) REPEAL. —Section 24706(c) is repealed. (b) EXISTING CONTRACTS. — Any provision of a contract entered into before the date of the enactment of this Act between Amtrak and a labor organization representing Amtrak employees relating to employee protective arrangements and severance benefits applicable to employees of Amtrak is extinguished, including all provisions of Appendix C-2 to the NationsJ Railroad Passenger Corporation Agreement, signed July 5, 1973. (c) SPECIAL EFFECTIVE DATE. —Subsections (a) and (b) of this section shall take effect 180 days after the date of the enactment of this Act. (d) NONAPPLICATION OF BANKRUPTCY LAW PROVISION.—Section 1172(c) of title 11, United States Code, shall not apply to Amtrak and its employees.