US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC20109]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 20109. Employee protections

    (a) Filing Complaints and Testifying.--A railroad carrier engaged in 
interstate or foreign commerce may not discharge or in any way 
discriminate against an employee because the employee, whether acting 
for the employee or as a representative, has--
        (1) filed a complaint or brought or caused to be brought a 
    proceeding related to the enforcement of this part or, as applicable 
    to railroad safety, chapter 51 or 57 of this title; or
        (2) testified or will testify in that proceeding.

    (b) Refusing To Work Because of Hazardous Conditions.--(1) A 
railroad carrier engaged in interstate or foreign commerce may not 
discharge or in any way discriminate against an employee for refusing to 
work when confronted by a hazardous condition related to the performance 
of the employee's duties, if--
        (A) the refusal is made in good faith and no reasonable 
    alternative to the refusal is available to the employee;
        (B) a reasonable individual in the circumstances then 
    confronting the employee would conclude that--
            (i) the hazardous condition presents an imminent danger of 
        death or serious injury; and
            (ii) the urgency of the situation does not allow sufficient 
        time to eliminate the danger through regular statutory means; 
        and

        (C) the employee, where possible, has notified the carrier of 
    the hazardous condition and the intention not to perform further 
    work unless the condition is corrected immediately.

    (2) This subsection does not apply to security personnel employed by 
a carrier to protect individuals and property transported by railroad.
    (c) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under section 3 to resolve the 
dispute, grievance, or claim, the proceeding shall be expedited and the 
dispute, grievance, or claim shall be resolved not later than 180 days 
after it is filed. If the violation is a form of discrimination that 
does not involve discharge, suspension, or another action affecting pay, 
and no other remedy is available under this subsection, the Board, 
division, delegate, or other board of adjustment may award the employee 
reasonable damages, including punitive damages, of not more than 
$20,000.
    (d) Election of Remedies.--An employee of a railroad carrier may not 
seek protection under both this section and another provision of law for 
the same allegedly unlawful act of the carrier.
    (e) Disclosure of Identity.--(1) Except as provided in paragraph (2) 
of this subsection, or with the written consent of the employee, the 
Secretary of Transportation may not disclose the name of an employee of 
a railroad carrier who has provided information about an alleged 
violation of this part or, as applicable to railroad safety, chapter 51 
or 57 of this title or a regulation prescribed or order issued under any 
of those provisions.
    (2) The Secretary shall disclose to the Attorney General the name of 
an employee described in paragraph (1) of this subsection if the matter 
is referred to the Attorney General for enforcement.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 867.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
20109(a)..............................  45:441(a).                       Oct. 16, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, Sec.  212(a)-(c)(1), (d); added
                                                                          Oct. 10, 1980, Pub. L. 96-423, Sec.
                                                                          10, 94 Stat. 1815.
                                        45:441(e).                       Oct. 16, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, Sec.  212(e); added Oct. 10,
                                                                          1980, Pub. L. 96-423, Sec.  10, 94
                                                                          Stat. 1815; Sept. 3, 1992, Pub. L. 102-
                                                                          365, Sec.  5(b), 106 Stat. 975.
20109(b)..............................  45:441(b).
20109(c)..............................  45:441(c)(1).
                                        45:441(c)(2).                    Oct. 16, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, Sec.  212(c)(2); added Oct. 10,
                                                                          1980, Pub. L. 96-423, Sec.  10, 94
                                                                          Stat. 1815; restated June 22, 1988,
                                                                          Pub. L. 100-342, Sec.  5(a), 102 Stat.
                                                                          627.
20109(d)..............................  45:441(d).
20109(e)..............................  45:441(e).
                                        45:441(f).                       Oct. 16, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, Sec.  212(f); added June 22,
                                                                          1988, Pub. L. 100-342, Sec.  5(b), 102
                                                                          Stat. 627.
----------------------------------------------------------------------------------------------------------------

    In subsections (a) and (b), the words ``railroad carrier'' are 
substituted for ``common carrier by railroad'' because of the definition 
of ``railroad carrier'' in section 20102 of the revised title.
    In subsection (a)(1), the words ``under or'' are omitted as surplus.
    In subsection (b)(1)(B), before subclause (i), the words ``the 
hazardous condition is of such a nature that'' are omitted as surplus. 
The word ``individual'' is substituted for ``person'' as being more 
appropriate. In subclause (ii), the words ``resort to'' are omitted as 
surplus.
    In subsection (b)(1)(C), the words ``his apprehension of'' are 
omitted as surplus.
    In subsection (b)(2), the words ``by a carrier . . . transported by 
railroad'' are substituted for ``by a railroad . . . transported by such 
railroad'' for consistency in the revised title.
    Subsection (d) is substituted for 45:441(d) for clarity and to 
eliminate unnecessary words.
    Subsection (e)(2) is substituted for 45:441(f)(2) to eliminate 
unnecessary words.