§797b — Title 45 Railroads | U.S. Code

Summary

If a worker loses their job after working at least one year for the Corporation or a predecessor carrier, they get the first chance to be hired by any other railroad for the same job type (for non‑agreement workers, the same non‑agreement vacancy). That priority does not apply when the open job is covered by an affirmative‑action or hiring plan required by federal or state law, regulation, Executive order, or a federal court or agency order, or by a permissible voluntary affirmative‑action plan. Recalls of furloughed employees are not treated as hiring new employees. This first chance to be hired is equal to the first‑hire rights in sections 907 and 1004.

Title 45, §797b

Railroads — Source: USLM XML via OLRC

(a)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)The first right of hire afforded to employees under this section shall be coequal to the first right of hire afforded under section 907 and 1004 of this title.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Exemption of National Railroad Passenger Corporation 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 Restructuring 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 qualified 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.”

§797b Preferential hiring

Summary

Title 45, §797b

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata