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

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

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

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Stable record: federal_law:legal_authorities:record_usc_e8cafac49d85a2b002dea2fa
Source file: Laws/federal/codes/united-states-code/title-45/section-797c-central-register-of-railroad-employment--503c874925.md
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Source location: Title 45, Chapter 16, § 797c; chapter-016-regional-rail-reorganization.md

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**(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 comply. **(d) Placement** The Board shall, through distribution of copies of the central register (or portions thereof) to railroads and representatives of classes or crafts of employees and through publication of employment information derived from vacancy notices filed with the Board, promote the placement of former railroad employees possessing requisite skills and experience in appropriate positions with other railroads. **(e) Employment applications** In addition to its responsibilities under subsections (a) through (d) of this section, the Board shall facilitate the filing of employment applications with respect to current vacancies in the industry by former railroad employees entitled to priority under applicable provisions of law, including this chapter. **(f) Expiration** The provisions of this section shall cease to be effective on the expiration of the 6-year period beginning on August 13, 1981. **(g) Resolution of disputes** Any dispute, grievance, or claim arising under this section, [section 797b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797b&num=0&edition=prelim), [section 907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section907&num=0&edition=prelim), or [section 1004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1004&num=0&edition=prelim) shall be subject to resolution in accordance with the following procedures: (1) Any employee with such a dispute, grievance, or claim may petition the Board to review and investigate the dispute, grievance, or claim. (2) The Board shall investigate the dispute, grievance, or claim, and if it concludes that the employee’s rights under this section, [section 797b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797b&num=0&edition=prelim), [section 907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section907&num=0&edition=prelim), or [section 1004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1004&num=0&edition=prelim) may have been violated, the dispute, grievance, or claim shall be subject to resolution in accordance with the procedures set forth in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim). (3) In the case of any violation of this section, [section 797b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797b&num=0&edition=prelim), [section 907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section907&num=0&edition=prelim), or [section 1004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1004&num=0&edition=prelim), the Adjustment Board (or any division or delegate thereof) or any other board of adjustment created under [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim) shall, where appropriate, award such relief, including back pay, as may be necessary to enforce the employee’s rights.

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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.

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

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

45 U.S.C. § 153 — National Railroad Adjustment Board

First. Establishment; composition; powers and duties; divisions; hearings and awards; judicial review

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 153

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1004

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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. § 1006 — Repealed. Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669

### Statutory Notes Section, Pub. L. 96–254, title I, § 107, May 30, 1980, 94 Stat. 402, set forth provisions respecting employment of Rock Island Railroad employees. See [section 797c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797c&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as an Effective Date note under [section 1101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1101&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1006

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 741

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

45 U.S.C. § 910 — Repealed. Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669

### Statutory Notes Section, Pub. L. 96–101, § 11, Nov. 4, 1979, 93 Stat. 742, set forth provisions respecting employment of Milwaukee Railroad employees. See [section 797c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797c&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as an Effective Date note under [section 1101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1101&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 910

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

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

Page 216 TITLE 45—RAILROADS § 797c ment employee, for a non-agreement vacancy) in which such employee was employed by the Cor- poration 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 discrimina- tion, that is required by Federal or State stat- ute, regulation, or Executive order, or by the order of a Federal court or agency, or (2) a per- missible 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. (Pub. L. 93–236, title VII, § 703, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 663.) Statutory Notes and Related Subsidiaries EXEMPTION OF NATIONAL RAILROAD PASSENGER COR- PORATION IN HIRING QUALIFIED TRAIN AND ENGINE EMPLOYEES Pub. L. 99–272, title IV, § 4011(c), Apr. 7, 1986, 100 Stat. 109, provided that: ‘‘The provisions of section 703 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797b), section 8 of the Milwaukee Railroad Restruc- turing Act (45 U.S.C. 907), and section 105 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1004) shall not apply to the National Railroad Passenger Corporation in the hiring of quali- fied train and engine employees who hold seniority rights to work in intercity rail passenger service in connection with the assumption by such Corporation of functions previously performed under contract by other carriers.’’ § 797c. Central register of rai

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

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