BILL NUMBER: S6621

SPONSOR: COMRIE
 
TITLE OF BILL:

An act concerning protections for employees of the Metro-North Commuter
Railroad company and the Long Island Rail Road company, wholly owned
corporations of the Metropolitan Transportation Authority operating as
common carriers engaged in interstate commerce

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides that Metro North Commuter Railroad and The Long
Island Rail Road Company shall waive sovereign immunity for claims aris-
ing out of the Railway Labor Act, the Federal Employers Liability Act,
the Railroad Retirement Act, the Railroad Unemployment Insurance Act,
the federal railroad safety laws, whistleblower laws, discrimination
laws, and the Interstate Commerce Act.

 
SUMMARY OF PROVISIONS:

The Metro-North Commuter Railroad and The Long Island Rail Road Company
              

and any of their successors and assigns who operate, manage, or develop
the railroad system within the Counties of Suffolk, Nassau, Queens,
Kings, New York, Bronx, Westchester, Rockland, Orange, Ulster, Putnam,
Dutchess, Sullivan, Green, Columbia, Albany, and Rensselaer waive any
defense of jurisdictional or substantive sovereign immunity arising out
of any state or federal claim or cause of action against it or its
successors and assigns.

In addition, the Metro North Commuter Railroad and the Long Island Rail
Road Company and any of their successors and assigns who operate,
manage, or develop any municipally owned and operated Commuter Railroad
operating within the general system of railroading within the State of
New York shall be subject to the provisions of all federal railroad
laws, including the "Railway Labor Act" (45 U.S.C. s.151 et seq.), the
"Federal Employers Liability Act" (45 U.S.C. s.51 et seq.), the "Rail-
road Retirement Act of 1937" (45 U.S.C. s. 231 et seq.), the "Railroad
Retirement Tax Act" (26 U.S.C.  s. 3201 et seq.), the Federal Railroad
Safety Laws (49 U.S.C. s.20101 et seq.), whistleblower laws, discrimi-
nation laws, and the "Interstate Commerce Act" (49 U.S.C. s.10501 et
seq). Such waiver shall be retroactive to any lawsuit currently pending
in any state or federal court in the State of New York.

 
JUSTIFICATION:

This bill provides that Metro North Commuter Railroad and The Long
Island Rail Road Company shall waive sovereign immunity for claims aris-
ing out of the Railway Labor Act, the Federal Employers Liability Act,
the Railroad Retirement Act, the Railroad Unemployment Insurance Act,
the federal railroad safety laws, whistleblower laws, discrimination
laws, and the Interstate Commerce Act.

Employees of The Long Island Rail Road Company and Metro North Commuter
Railroad are not covered by many state laws protecting employees and
providing employees with certain rights, including workers compensation
and "whistleblower laws". Federal laws exist to provide certain
protections and rights to these employees. However, due to certain
adverse court decisions rendered in jurisdictions outside the State of
New York, the existence of these rights has been called into question by
the potential for a sovereign immunity defense by The Long Island Rail
Road Company and Metro North Commuter Railroad.

This bill would waive the ability of The Long Island Rail Road Company
and Metro North Commuter Railroad to invoke a defense of sovereign immu-
nity against claims arising from federal laws intended to protect these
employees and provide certain rights to employees.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.