114 
(C) establishes a procedure for such an 
employee to apply for such positions; and 
(D) establishes rates of pay, rules, and 
working conditions. 
(2) IMMEDIATE REPLACEMENT SERVICE.— 
(A) NEGOTIATIONS.—If the replacement of 
preexisting intercity rail passenger service oc-
curs concurrent with or within a reasonable 
time before the commencement of the replacing 
entity’s rail passenger service, the replacing en-
tity shall give written notice of its plan to re-
place existing rail passenger service to the au-
thorized collective bargaining agent or agents 
for the potentially adversely affected employees 
of the predecessor provider at least 90 days be-
fore the date on which it plans to commence 
service. Within 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 prede-
cessor provider shall commence for the purpose 
of reaching agreement with respect to all mat-
ters set forth in subparagraphs (A) through (D) 
of paragraph (1). The negotiations shall con-
tinue for 30 days or until an agreement is 
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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 
unresolved issues shall be submitted for arbitra-
tion in accordance with the procedure set forth 
in subparagraph (B). 
(B) ARBITRATION.—If an agreement has 
not been entered into with respect to all mat-
ters set forth in subparagraphs (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 Na-
tional Mediation Board, which shall provide a 
list of seven arbitrators with experience in arbi-
trating rail labor protection disputes. Within 5 
days after such notification, the parties shall al-
ternately strike names from the list until only 
1 name remains, and that person shall serve as 
the neutral arbitrator. Within 45 days after se-
lection of the arbitrator, the arbitrator shall 
conduct a hearing on the dispute and shall 
render a decision with respect to the unresolved 
issues among the matters set forth in subpara-
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graphs (A) through (D) of paragraph (1). This 
decision shall be final, binding, and conclusive 
upon the parties. The salary and expenses of 
the arbitrator shall be borne equally by the par-
ties; all other expenses shall be paid by the 
party incurring them. 
(3) SERVICE
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 subparagraphs (A) 
through (D) of paragraph (1) or the decision of the 
arbitrator has been rendered. 
(4) SUBSEQUENT
REPLACEMENT
OF
SERV-
ICE.—If the replacement of existing rail passenger 
service takes place within 3 years after the replacing 
entity commences intercity passenger rail service, 
the replacing entity and the collective bargaining 
agent or agents for the adversely affected employees 
of the predecessor provider shall enter into an agree-
ment with respect to the matters set forth in sub-
paragraphs (A) through (D) of paragraph (1). If the 
parties have not entered into an agreement with re-
spect to all such matters within 60 days after the 
date on which the replacing entity replaces the pred-
ecessor provider, the parties shall select an arbi-
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117 
trator using the procedures set forth in paragraph 
(2)(B), who shall, within 20 days after the com-
mencement of the arbitration, conduct a hearing and 
decide all unresolved issues. This decision shall be 
final, binding, and conclusive upon the parties. 
(e) INAPPLICABILITY
TO
CERTAIN
RAIL
OPER-
ATIONS.—Nothing in this section applies to— 
(1) commuter rail passenger transportation (as 
defined in section 24102(4) of title 49, United 
States Code) operations of a State or local govern-
ment authority (as those terms are defined in sec-
tion 5302(11) and (6), respectively, of title 49, 
United States Code) eligible to receive financial as-
sistance under section 5307 of title 49, United 
States Code, or to its contractor performing services 
in connection with commuter rail passenger oper-
ations (as so defined); 
(2) the Alaska Railroad or its contractors; or 
(3) the National Railroad Passenger Corpora-
tion’s access rights to railroad rights of way and fa-
cilities under current law. 
Æ 
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