12 2 STA T .49 4 5PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 200 8‘ ‘ (B)establi s h esa proc e du re f or n otif y in g such an e m ployee of such positions
‘‘( C ) establishes a procedure for such an employee to apply for such positions; and ‘‘( D ) establishes rates of pay , rules, and w or k ing condi - tions . ‘‘( 2 ) IM M EDIAT E R E PL A C EME N T S ER V ICE. — ‘‘( A ) N E GO TIATIONS.—If the replacement of pree x isting intercity rail passenger ser v ice occurs concurrent with or within a reasonable time before the commencement of the replacing entity ’ s rail passenger service, the replacing entity shall give written notice of its plan to replace existing rail passenger service to the authori z ed collective bar- gaining agent or agents for the potentially adversely affected employees of the predecessor provider at least 90 days before the date on which it plans to commence service. W ithin 5 days after the date of receipt of such written notice, negotiations between the replacing entity and the collective bargaining agent or agents for the employees of the predecessor provider shall commence for the purpose of reaching agreement with respect to all mat- ters set forth in subparagraphs (A) through (D) of para- graph ( 1 ). T he negotiations shall continue for 3 0 days or until an agreement is reached, whichever is sooner. If at the end of 30 days the parties have not entered into an agreement with respect to all such matters, the unre- solved issues shall be submitted for arbitration in accord- ance with the procedure set forth in subparagraph (B). ‘‘(B) AR B ITRATION.—If an agreement has not been entered into with respect to all matters set forth in sub- paragraphs (A) through (D) of paragraph (1) as described in subparagraph (A) of this paragraph, the parties shall select an arbitrator. If the parties are unable to agree upon the selection of such arbitrator within 5 days, either or both parties shall notify the National M ediation Board, which shall provide a list of seven arbitrators with experi- ence in arbitrating rail labor protection disputes. Within 5 days after such notification, the parties shall alternately strike names from the list until only 1 name remains, and that person shall serve as the neutral arbitrator. Within 4 5 days after selection of the arbitrator, the arbi- trator shall conduct a hearing on the dispute and shall render a decision with respect to the unresolved issues among the matters set forth in subparagraphs (A) through (D) of paragraph (1). The arbitrator shall be guided by prevailing national standard rates of pay, benefits, and working conditions for comparable work. This decision shall be final, binding, and conclusive upon the parties. The salary and expenses of the arbitrator shall be borne e q ually by the parties; all other expenses shall be paid by the party incurring them. ‘‘(3) S ERVICE COMMENCEMENT.—A replacing entity under this subsection shall commence service only after an agreement is entered into with respect to the matters set forth in subpara- graphs (A) through (D) of paragraph (1) or the decision of the arbitrator has been rendered. Notif i ca tio n.L i s ts. Notic e . D ea dl ines.
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