Sec. 12. Certification of train dispatchers
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Subchapter II of chapter 201 of title 49, United States Code, is further amended by adding at the end the following new section: Not later than 12 months after the date of enactment of the Rail Worker and Community Safety Act , the Secretary of Transportation shall prescribe regulations to establish a program requiring the certification of dispatching service employees, as defined by section 21101. In promulgating such regulations, the Secretary shall require that railroad carriers, contractors, and subcontractors submit, not later than 180 days after such regulations are finalized, updated training and qualification plans pursuant to section 20162, that take into account the regulations the Secretary issues under subsection
(a)for dispatching service employees. Subject to subsection (d), any railroad carrier, contractor, or subcontractor required to submit an updated plan under subsection
(b)shall submit, as part of a request the Secretary for approval, evidence of an agreement with any nonprofit employee labor organization for employees covered by this section in the formation of said plan, to the extent the covered employees are represented by a nonprofit employee labor organization. If the railroad carrier, contractor, or subcontractor, and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees, cannot reach consensus on the proposed contents of the plan, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the plan on which consensus was not reached. The Secretary shall consider such views during review and approval of the plan. . The analysis for subchapter II of chapter 201 is further amended by adding at the end the following: 20174. Certification of train dispatchers. .