Wisconsin Central Ltd.Acquisition ExemptionLines of Union Pacific Railroad Company

概要

Wisconsin Central Ltd. (WCL), a Class II rail carrier, seeks an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10902 for its acquisition of two lines of railroad from Union Pacific Railroad Company (UP) in central Wisconsin. Section 10902 is a new provision added by the ICCTA governing purchases of active rail lines by Class II (medium sized) and Class III (small) carriers. Under subsection 10902(d), a Class II railroad that acquires a rail line subject to the Board's jurisdiction must provide a fair and equitable arrangement for the protection of employees who may be affected by the transaction. The arrangement shall consist exclusively of 1 year of severance pay equal to the employee's earnings during the 12 months preceding the application filing date. WCL has proposed an employee protective arrangement to comply with subsection 10902(d). The labor protective arrangement that results from this proceeding may be used as a model for conditions we impose governing the minimum labor protective arrangements we require with respect to acquisitions by Class II railroads. Such arrangements have in the past consisted of two elements: (1) Procedural (i.e