---
kind: "section"
citation: "45 U.S.C. § 908"
title: "45"
title_heading: "Railroads"
number: "908"
heading: "Employee protection agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/45/908"
units:
  - "Chapter 18 — Milwaukee Railroad Restructuring"
---

# §908. Employee protection agreements

- (a) **Agreement between Milwaukee Railroad and labor organizations—** The [Milwaukee Railroad](/usc/45/902.md?p=5) and labor organizations representing the [employees](/usc/45/902.md?p=4) of such railroad may, not later than 20 days after November 4, 1979, enter into an agreement providing protection for [employees](/usc/45/902.md?p=4) of such railroad who are adversely affected as a result of a reduction in service by such railroad or a restructuring transaction carried out by such railroad. Such [employee](/usc/45/902.md?p=4) protection may include, but need not be limited to, interim [employee](/usc/45/902.md?p=4) assistance, moving expenses, [employee](/usc/45/902.md?p=4) relocation incentive compensation, and separation allowances.
- (b) **Submission of matter to National Mediation Board—** If the [Milwaukee Railroad](/usc/45/902.md?p=5) and the labor organizations representing the [employees](/usc/45/902.md?p=4) of such railroad are unable to enter into an [employee](/usc/45/902.md?p=4) protection agreement under [subsection (a)](#a) of this section within 20 days after November 4, 1979, the parties shall immediately submit the matter to the National Mediation [Board](/usc/45/902.md?p=2). The National Mediation [Board](/usc/45/902.md?p=2) shall attempt, by mediation, to bring the parties to an agreement with respect to [employee](/usc/45/902.md?p=4) protection no later than 40 days after November 4, 1979.
- (c) **Fair and equitable agreements—**
  - (1) If the National Mediation [Board](/usc/45/902.md?p=2) is unable to bring the parties to an agreement under [subsection (b)](#b) of this section within 40 days after November 4, 1979, the [Milwaukee Railroad](/usc/45/902.md?p=5) and the labor organizations representing the [employees](/usc/45/902.md?p=4) of such railroad shall immediately enter into an [employee](/usc/45/902.md?p=4) protection agreement that is fair and equitable.
  - (2) If an [employee](/usc/45/902.md?p=4) protection agreement is entered into under this subsection, any claim of an [employee](/usc/45/902.md?p=4) for benefits and allowances under such agreement shall be filed with the [Board](/usc/45/902.md?p=2) in such time and manner as the [Board](/usc/45/902.md?p=2) by regulation shall prescribe. The [Board](/usc/45/902.md?p=2) shall determine the amount for which such [employee](/usc/45/902.md?p=4) is eligible under such agreement and shall certify such amount to the [Milwaukee Railroad](/usc/45/902.md?p=5) for payment.
- (d) **Payment of benefits and allowances—** Benefits and allowances under an [employee](/usc/45/902.md?p=4) protection agreement entered into under this section shall be paid by the [Milwaukee Railroad](/usc/45/902.md?p=5) in accordance with [section 914 of this title](/usc/45/914.md), and claims of [employees](/usc/45/902.md?p=4) for such benefits and allowances shall be treated as administrative expenses of the estate of the [Milwaukee Railroad](/usc/45/902.md?p=5).

## Source credit

(Pub. L. 96–101, § 9, Nov. 4, 1979, 93 Stat. 741.)