Sec. 7. Labor protections and workforce development
1,124 words·~5 min read·
/bill/119/s/2520/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsections (a), (c), and
(d)of section 22905 of title 49, United States Code, shall apply to any grant awarded pursuant to this Act, or funds provided under this Act, as if the grant or funds were awarded under chapter 229 of title 49, United States Code. The conditions of section 22404 of title 49, United States Code, shall apply to any grant awarded pursuant to this Act. A person that
(A)conducts passenger rail operations over, or
(B)that performs work for, or in support of, passenger rail operations that is work performed by employees in railroad industry crafts and classes recognized under paragraph Ninth of section 2 of the Railway Labor Act ( 45 U.S.C. 152 ) on rail infrastructure constructed or improved with funding provided in whole in or part in a grant made under this Act shall be considered a rail carrier, and an employer only for the purposes of making such person subject to the laws of the United States referred to in section 10501(c)(3)(A) of title 49, United States Code, including
(i)the Railroad Retirement Act of 1974 ( 45 U.S.C. 231 et seq. );
(ii)the Railway Labor Act ( 45 U.S.C. 151 et seq. ); and
(iii)the Railroad Unemployment Insurance Act ( 45 U.S.C. 351 et seq. ) but is not deemed to be a rail carrier for the purposes of, or subject to, any other law of the United States. Notwithstanding paragraph (1)— an employer engaged primarily in the building and construction industry, as that term is used in section 8(f) of the National Labor Relation Act ( 29 U.S.C. 158(f) ) which is performing construction work as a contractor for an eligible entity receiving funds provided under this Act, including a rail carrier, shall not itself be considered a rail carrier solely as a result of performance of that work, and shall be permitted to perform the work with employees who are not covered by
(i)the Railroad Retirement Act of 1974 ( 45 U.S.C. 231 et seq. );
(ii)the Railway Labor Act ( 45 U.S.C. 151 et seq. ); and
(iii)the Railroad Unemployment Insurance Act ( 45 U.S.C. 351 et seq. ); and the exception described in clause
(i)does not apply to the performance of railroad maintenance and repair work that is, and has been, historically and customarily performed by employees in railroad industry crafts and classes recognized under paragraph Ninth of section 2 of the Railway Labor Act ( 45 U.S.C. 152 ); an employer performing work as a contractor or subcontractor for— a railroad that owns, uses, or is contracted to perform work on, rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this Act; or an operator that uses such infrastructure, shall not itself be considered a rail carrier solely as a result of performance of that work, and shall be permitted to perform the work with employees who are not covered by
(i)the Railroad Retirement Act of 1974 ( 45 U.S.C. 231 et seq. );
(ii)the Railway Labor Act ( 45 U.S.C. 151 et seq. ); and
(iii)the Railroad Unemployment Insurance Act ( 45 U.S.C. 351 et seq. ) when such work is performed consistent with a collective bargaining agreement between the railroad or operator and a union representing employees in a railroad industry craft or class recognized under paragraph Ninth of section 2 of the Railway Labor Act ( 45 U.S.C. 152 ), covering work performed by that craft or class. All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alternation, or repair work carried out, in whole or in part, with assistance made available under this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and sections 3145 of title 40, United States Code. There is established within the consolidated workforce training program— a center, which shall be known as the Passenger Rail Workforce Training Center , to meet the needs of the passenger rail systems workforce through standards-based training relating to relevant maintenance and operations occupations; and expand workforce development efforts in partnership with organized labor including, apprenticeship training programs. The Passenger Rail Workforce Training Center, in cooperation with nonprofit labor organizations and Amtrak, shall develop and carry out training and educational programs for rail employees serving in the passenger rail workforce. The Administrator, in partnership with rail carriers and nonprofit labor organizations, shall— establish a consolidated workforce training program for freight railroad personnel; establish a center, which shall be known as the Freight Rail Workforce Training Center , to meet the needs of the freight rail systems workforce through standards-based training relating to relevant maintenance and operations occupations; and expand, in partnership with organized labor, workforce development efforts, including apprenticeship training programs. The training and educational programs developed pursuant to paragraphs
(1)and
(2)may include courses in recent developments, techniques, and procedures relating to— developing consensus national training standards, in partnership with industry stakeholders, for key rail occupations with demonstrated skill gaps; establishing regional, State, and local rail training partnerships— to identify and address workforce skill gaps; and to develop skills needed for— delivering quality rail service; and supporting employee career advancement; developing programs for the training of frontline workforce, instructors, mentors, and labor-management partnership representatives, in the form of classroom, hands-on, on-the-job, and internet web-based training, to be delivered— at a national center; regionally; or at an individual rail carrier; developing training programs for skills relating to existing and emerging rail technologies, such as zero-emission locomotives and trains and zero-emission locomotive infrastructure; developing improved capacity for safety, security, and emergency preparedness in rail systems and the industry as a whole through— developing the role of the rail workforce in establishing and sustaining safety culture and safety systems in rail; and training to address rail workforce roles in promoting health and safety for rail workers, communities adjacent to railroad infrastructure and railyards; and developing rail carrier capacity for career pathway partnerships with schools and other community organizations for recruiting and training underrepresented populations as successful rail employees who can develop careers in the rail industry. There is authorized to be appropriated to the Administrator $500,000,000 for the 5-year period beginning on October 1, 2025, to carry out the Rail Workforce Training Program authorized under this subsection.
Connectionstraces to 5
Traces to 5 documents
1 reference not yet in our index
- 64 Stat. 1267
Citation graph
cites case law
Sec. 7
Labor protections and workforce development
Stat.64 Stat. 1267
Cites 6Cited by 0 across 0 sources