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45 U.S.C. § 797b — Preferential hiring

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 797b — Preferential hiring

**(a) General** Any employee who is deprived of employment shall have the first right of hire by any other railroad for a vacancy for which he is qualified in a class or craft (or in the case of a non-agreement employee, for a non-agreement vacancy) in which such employee was employed by the Corporation or a predecessor carrier for not less than one year, except where such a vacancy is covered by (1) an affirmative action plan, or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulation, or Executive order, or by the order of a Federal court or agency, or (2) a permissible voluntary affirmative action plan. For purposes of this section, a railroad shall not be considered to be hiring new employees when it recalls any of its own furloughed employees. **(b) Status** The first right of hire afforded to employees under this section shall be coequal to the first right of hire afforded under sections 907 and 1004 of this title.

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Stable record: federal_law:legal_authorities:record_usc_0dc7aaa7160bc28e45cd19fc
Source file: Laws/federal/codes/united-states-code/title-45/section-797b-preferential-hiring--e7f6ba5388.md
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Passage SHA-256: 798fef2233bb563c9b68c51e1549de0c0e3a47f54301be751e975e34da916d3d

Source location: Title 45, Chapter 16, § 797b; chapter-016-regional-rail-reorganization.md

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**(a) General** Any employee who is deprived of employment shall have the first right of hire by any other railroad for a vacancy for which he is qualified in a class or craft (or in the case of a non-agreement employee, for a non-agreement vacancy) in which such employee was employed by the Corporation or a predecessor carrier for not less than one year, except where such a vacancy is covered by (1) an affirmative action plan, or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulation, or Executive order, or by the order of a Federal court or agency, or (2) a permissible voluntary affirmative action plan. For purposes of this section, a railroad shall not be considered to be hiring new employees when it recalls any of its own furloughed employees. **(b) Status** The first right of hire afforded to employees under this section shall be coequal to the first right of hire afforded under sections 907 and 1004 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1004 — Railroad hiring

**(a)** Each person who is an employee of the Rock Island Railroad on August 1, 1979, and who, prior to January 1, 1984, is separated or furloughed (other than for cause) from his employment with such railroad, or from his employment with another rail carrier providing temporary service over lines of the Rock Island Railroad, as a result of a reduction of service by such railroad or such temporary service carrier shall, unless found to be less qualified than other applicants, have the first right of hire by any other rail carrier that is subject to regulation by the Commission for any vacancy that is not covered by (1) an affirmative action plan, or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulations, or Executive order, or by the order of a Federal or State court or agency, or (2) a permissible voluntary affirmative action plan. For purposes of this section, a rail carrier shall not be considered to be hiring new employees when it recalls any of its own furloughed employees. **(b)** The rights afforded to Rock Island Railroad employees by this section shall be coequal to the rights afforded to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company employees by [section 907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section907&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 907 — Railroad hiring

Each person who is an employee of the Milwaukee Railroad on September 30, 1979, and who is separated or furloughed from his employment with such railroad (other than for cause) prior to April 1, 1984, as a result of a reduction of service by such railroad shall, unless found to be less qualified than other applicants, have the first right of hire by any other rail carrier that is subject to regulation by the Commission for any vacancy that is not covered by (1) an affirmative action plan, or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulation, or executive order, or by the order of a Federal court or agency, or (2) a permissible voluntary affirmative action plan. For purposes of this section, a rail carrier shall not be considered to be hiring new employees when it recalls any of its own furloughed employees.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 741 — Formation and structure

**(a) Establishment** There shall be established within 300 days after January 2, 1974, in accordance with the provisions of this section, a corporation to be known as the Consolidated Rail Corporation or such other corporate name as may be duly adopted by the Corporation. **(b) Status** The Corporation shall be a for-profit corporation established under the laws of a State and shall not be an agency or instrumentality of the Federal Government. The Corporation shall be deemed a rail carrier subject to part A of subtitle IV of title 49, shall be subject to the provisions of this Act and, to the extent not inconsistent with such Act and subtitle IV of title 49, shall be subject to applicable State law. The principal office of the Corporation or of its principal railroad operating subsidiary shall be located in Philadelphia in the Commonwealth of Pennsylvania. **(c) Incorporators** (1) The members of the executive committee of the Association shall be the incorporators of the Corporation and shall take whatever steps are necessary to establish the Corporation, including the filing of articles of incorporation. (2) Notwithstanding any provision of State law, after February 5, 1976, the members of the executive committee of the Association (including duly authorized representatives of members who are authorized by this chapter to be represented) and the chief executive officer and chief operating officer of the Corporation shall adopt the bylaws of the Corporation and serve as the Board of Directors of the Corporation until all members of the Board of Directors of the Corporation have been selected in accordance with subsection (d) of this section. The chief executive officer shall serve as chairman of such Board until a chairman thereof is selected pursuant to subsecti

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 797c — Central register of railroad employment

**(a) Register** (1) The Railroad Retirement Board (hereafter in this section referred to as the “Board”) shall prepare and maintain a register of persons separated from railroad employment after at least one year of completed service with a railroad who have declared their current availability for employment in the railroad industry. The register shall be subdivided by class and craft of prior employment and shall be updated periodically to reflect current availability. (2) Each entry in the register shall include, or provide access to, basic information concerning the individual’s experience and qualifications. (3) The Board shall place at the top of the register those former railroad employees entitled to priority under applicable provisions of law, including this chapter. **(b) Corporation employees** As soon as is practicable after August 13, 1981, the Corporation shall provide to the Board the names of its former employees who elect to appear on the register and who have not been offered employment with acquiring railroads. **(c) Vacancy notices; warning; civil penalty** (1) Each railroad shall timely file with the Board a notice of vacancy with respect to any position for which the railroad intends to accept applications from persons other than current employees of that carrier. (2) (A) As soon as the Board becomes aware of any failure on the part of a railroad to comply with paragraph (1), the Board shall issue a warning to such railroad of its potential liability under subparagraph (B). (B) Any railroad failing to comply with paragraph (1) of this subsection after being warned by the Board under subparagraph (A) shall be liable for a civil penalty in the amount of $500 for each subsequent vacancy with respect to which such railroad has so failed to

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 797c

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 797b — Preferential hiring

Page 215 TITLE 45—RAILROADS § 797b same participants and beneficiaries and in the same amounts as the fractional shares had been allocated. ‘‘(B) After completing the distribution under subpara- graph (A), the ESOP shall terminate. ‘‘(3) The Corporation shall distribute any full shares of its common stock which, because of the exception under paragraph (1)(B), could not be contributed to the ESOP to those persons to whom the ESOP would have allocated such shares pursuant to paragraph (1)(B) had such shares been contributed to the ESOP. The Cor- poration shall pay cash pursuant to the formula set forth in paragraph (2)(A)(ii) in lieu of fractional shares. ‘‘(4) For purposes of Rule 144 promulgated under the Securities Act of 1933 [15 U.S.C. 77a et seq.], each share of the common stock of the Corporation distributed under this subsection shall be deemed to have been ben- eficially owned by the recipient, as of the date of such distribution, for a period of 3 years.’’ § 797a. Termination allowance (a) General The Corporation may terminate the employ- ment of certain employees, in accordance with this section, upon the payment of an allowance of $350 for each month of active service with the Corporation or with a railroad in reorganiza- tion, but in no event may any such termination allowance exceed $25,000. (b) Employment needs Within 90 days after August 13, 1981, the Cor- poration shall determine, for each location, the number of employees that the Corporation in- tends to separate under subsection (a) of this section. (c) Notification and separation procedure (1) Within 90 days after August 13, 1981, the Corporation shall notify its employees of their rights and responsibilities under this section. (2) Within 90 days after August 13, 1981,

Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 797b

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