Sec. 121. CONTRACTING OUT
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## SEC. 121 CONTRACTING OUT ###
(a)Repeal of Ban on Contracting Out Section 24312 is amended— ####
(1)by striking subsection (b); ####
(2)by striking “(1)” in subsection (a); and ####
(3)by striking “(2) Wage” in subsection
(a)and inserting “(b) Wage Rates.—Wage”. ###
(b)Amendment of Existing Collective Bargaining Agreement ####
(1)Contracting out Any collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees before the date of enactment of this Act is deemed amended to include the language of section 24312(b) of title 49, United States Code, as that section existed on the day before the effective date of the amendments made by subsection (a). ####
(2)Enforceability of amendment The amendment to any such collective bargaining agreement deemed to be made by paragraph
(1)of this subsection is binding on all parties to the agreement and has the same effect as if arrived at by agreement of the parties under the Railway Labor Act. ###
(c)Contracting-out Issues To Be Included in Negotiations Proposals on the subject matter of contracting out work, other than work related to food and beverage service, which results in the layoff of an Amtrak employee— ####
(1)shall be included in negotiations under section 6 of the Railway Labor Act (45 U.S.C. 156) between Amtrak and an organization representing Amtrak employees, which shall be commenced by— #####
(A)the date on which labor agreements under negotiation on the date of enactment of this Act may be re-opened; or #####
(B)November 1, 1999, whichever is earlier; ####
(2)may, at the mutual election of Amtrak and an organization representing Amtrak employees, be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act; and ####
(3)may not be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act, unless both Amtrak and the organization representing Amtrak employees agree to include it in the negotiation. No contract between Amtrak and an organization representing Amtrak employees, that is under negotiation on the date of enactment of this Act, may contain a moratorium that extends more than 5 years from the date of expiration of the last moratorium. ###
(d)Furloughed Work Amtrak may not contract out work within the classification of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period such employee has been laid off and has not been recalled to perform such work. ###
(e)Agreement Prohibitions on Contracting Out This section does not— ####
(1)supersede a prohibition or limitation on contracting out work covered by an agreement entered into between Amtrak and an organization representing Amtrak employees; or ####
(2)prohibit Amtrak and an organization representing Amtrak employees from entering into an agreement that allows for contracting out the work of a furloughed employee that would otherwise be prohibited under subsection (d). ###
(f)No Inference The amendment made by subsection (a)(1) is without prejudice to the power of Amtrak to contract out the provision of food and beverage services on board Amtrak trains or to contract out work not resulting in the layoff of Amtrak employees. **[**[49 U.S.C. 24312](/us/usc/t49/s24312) nt**]** ## Subtitle C Employee Protection Reforms
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