45 U.S.C. § 797a — Termination allowance

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, the Corporation shall notify each train and engine service employee eligible to be separated under paragraph (3) that such employee may be enti- tled to receive a separation payment under this section if such employee files a written request to be separated. Such notice may be revised from time to time. (3) If the number of employees who request to be separated pursuant to paragraph (2) of this subsection is greater, in engine service at any location, than the number of excess firemen at the location, and in train service at the location than the number of excess second and third brakemen, as determined by the Corporation, the Corporation shall separate the employees described in paragraph (2) of this subsection in order of seniority beginning with the most sen- ior employee, until the excess firemen and sec- ond and third brakemen positions at that loca- tion, as determined by the Corporation, have been eliminated. (d) Designated separations If the number of employees who are separated pursuant to subsection (c)(3) is less at any loca- tion than the number of excess firemen in freight and commuter service and second and third brakemen in freight service at such loca- tion, as determined by the Corporation, the Cor- poration may, after 210 days after August 13, 1981, designate for separation employees in en- gine service or train service respectively in in- verse order of seniority, beginning with the most junior employee in active service at such location until the excess firemen in freight and commuter service and second and third brake- men in freight service, at that location have been eliminated. An employee designated under this subsection may choose (1) to furlough him- self voluntarily, in which case the next most junior employee protected under the fireman manning or crew consist agreements or any other agreement or law, in the same craft or class at such location may be separated instead and receive the separation allowance, or (2) to exercise his seniority to another location, in which case the Corporation may separate, under the provisions of this subsection, the next most junior protected employee in active service at the location to which seniority ultimately is ex- ercised. (e) Effect on positions (1) The Corporation shall refrain from filling one fireman position in freight service, or in commuter service where applicable, for each em- ployee in engine service separated in accordance with this section. (2) The Corporation may refrain from filling one brakeman position in excess of one con- ductor and one brakeman on one crew in freight service for each employee in train service who is separated in accordance with this section. (3) Positions permitted to be not filled under this subsection shall be not filled in different types of freight service actually operated at or from the location in a sequence to be agreed upon between the Corporation and the general chairman representative of classes or crafts of employees having jurisdiction over the positions to be not filled. If no such agreement is reached, the Corporation may designate the position to be not filled. (4) Notwithstanding paragraphs (1) and (2) of this subsection, the Corporation shall retain all rights it has under any provision of law or agreement to refrain from filling any position of employment. (f) Procedures The Corporation and representatives of the various classes and crafts of employees to be separated may agree on procedures to imple- ment this section, but the absence of such agree- ment shall not interfere with implementation of the separations authorized by this section. (g) Commuter employees The provisions of this section shall apply to the separation of firemen in commuter service, except that with respect to such employees the Corporation is required to make the separations authorized by this section. (Pub. L. 93–236, title VII, § 702, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 662.) § 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-agree-