42 1 calendar year, but the same relative proportions of such build2 ing and rebuilding, respectively, shall be maintained as be3 tween railroad and nonrailroad facilities in the event of a 4 decrease from such average. Upon failure of the Authority to 5 maintain such proportions in distributing such work to rail6 road facilities under such contracts, the fair and equitable 7 employee protective arrangements required by subsection 8 (a) hereof shall become effective. 9 10 (c) Employees affected by any action taken pursuant to this Act designed to provide for more effective use and 11 distribution of rolling stock shall be reassigned and, if neces 12 sary, retrained to perform the new tasks covering the func13 tions which they had theretofore performed. The perform 14 15 ance of such functions shall be considered to be within the same craft or class as that in which such employees were 16 classified prior to such change and the rights of such em17 ployees to the same representation shall be preserved. The 18 positions on any railroad affected by these changes may be 19 eliminated as they become vacant through death, resignation, or retirement, without adversely affecting the individuals 21 involved, and at a rate not to exceed 2 per centum each 22 year. 23 (d) In his administration of the provisions of this Act, 24 the Secretary of Labor shall consolidate the program author25 ized herein with the companion programs under the Rail 43 1 Passenger Service Act of 1970, as amended (45 U.S.C. 2 565); the Urban Mass Transportation Act of 1964, as 3 amended (49 U.S.C. 1609); and the High Speed Ground 4 Transportation Act of 1965, as amended (49 U.S.C. 1636)'; 5 and shall uniformly develop, interpret and apply the procedures and standards under these various laws. 6 7 (e) To the extent practicable, the Authority shall 8 award contracts for the repair and maintenance of rolling 9 stock to railroads with facilities for performing such work. 10 11 (f) The Board (pursuant to title I), the Secretary (pursuant to title II), and the Authority (pursuant to title III) 12 shall take such action as may be necessary to insure that all = 2 3 laborers and mechanics employed by contractors and subcon14 tractors in the performance of construction work financed 15 with the assistance of funds received under any contract or 16 agreement entered into under this Act shall be paid wages at 17 rates not less than those prevailing on similar construction in 18 the locality as determined by the Secretary of Labor in ac19 cordance with the Davis-Bacon Act. The Board, the Secre20 tary of Transportation, or the Authority shall not enter into 21 any such contract or agreement without first obtaining ade quate assurance that required labor standards will be main23 tained on the construction work. Health and safety standards 24 promulgated by the Secretary of Labor pursuant to section 25 107 of the Contract Work Hours and Safety Standards Act 44 1 (40 U.S.C. 333) shall be applicable to all construction work 2 performed under such contracts or agreements, except any 3 construction work performed by a railroad employee. Wage 4 rates provided for in collective-bargaining agreements nego5 tiated under and pursuant to the Railway Labor Act shall be 6 considered as being in compliance with the Davis-Bacon Act; 7 and such railroad wage rates shall be the applicable standard 8 for all laborers and mechanics employed by nonrailroad con9 tractors and subcontractors in the performance of the building 10 and rebuilding of rolling stock under title III of this Act. 11 12 SEPARABILITY SEC. 402. If any provision of this Act or the applica13 tion thereof to any person or circumstance is held invalid, the 14 remainder of the Act and the application of such provision to 15 other persons or circumstances shall not be affected thereby. 93D CONGRESS 1ST SESSION H. R. 10694 IN THE HOUSE OF REPRESENTATIVES OCTOBER 2, 1973 Mr. PICKLE introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce 93D CONGRESS 1ST SESSION H. R. 11317 IN THE HOUSE OF REPRESENTATIVES NOVEMBER 7, 1973 Mr. PICKLE (for himself, Mr. THONE, Mr. ALEXANDER, Mr. YATRON, Mr. FUQUA, and Mr. STEELMAN) introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce A BILL To assure an adequate supply of freight cars for the movement of the Nation's goods, to encourage the production and acquisition of freight cars and to facilitate the efficient use of rolling stock, to provide that the Secretary of Transportation certify his approval or disapproval of plans submitted to him by grain exporters regarding their proposed use of freight cars, and amending the Interstate Commerce Act. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the purpose of this Act is to assure that an adequate 4 supply of freight cars is available to railroads and their car 5 furnishing subsidiaries and leasing companies so that the 6 Nation's goods can be efficiently moved and to assure that I 2 1 the system is adequate to meet the needs of the commerce 2 of the United States and of the national defense and to pro3 vide that the Secretary of Transportation certify his approval 4 or disapproval of plans submitted to him by grain exporters 5 regarding their proposed use of railroad freight cars in con6 nection with certain sales of grain for export and amending 7 the Interstate Commerce Act in order to give the Interstate 8 Commerce Commission certain authority over railroad car 9 service when an emergency is or may be imminent. 12 SEC. 2. For the purposes of this Act 234 13 (1) "Secretary" means the Secretary of Transportation. 14 (2) "Railroad" means a common carrier by railroad, 15 and includes, where determined appropriate by the Secretary, 16 any railroad controlled by a railroad. 17 (3) "Car furnishing subsidiary" means a corporation at 18 least 80 per centum of the voting stock of which is owned 19 by one or more railroads and which furnishes rolling stock 20 to one or more railroads owning the voting stock. 2220 21 (4) "Leasing company" means a corporation which 22 leases rolling stock to one or more railroads. 23 (5) "Rolling stock" means new or rebuilt standard 24 gage railroad freight cars, including cabooses, suitable for use by more than one railroad in normal interchange under 25 |