§907 — Title 45 Railroads | U.S. Code

Summary

Workers for the Milwaukee Railroad on September 30, 1979 who were laid off or put on furlough (not fired for cause) before April 1, 1984 because of service cuts must get first priority for hire by other rail carriers regulated by the Commission, unless they are less qualified or the vacancy is covered by required or allowed voluntary affirmative‑action plans. Recalling furloughed employees is not counted as hiring new workers.

Title 45, §907

Railroads — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Pub. L. 97–468 substituted “

April 1, 1984” for “

April 1, 1981”.

Statutory Notes and Related Subsidiaries

Abolition of Interstate Commerce Commission and

Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. Exemption of National Railroad Passenger Corporation in Hiring Qualified Train and Engine Employees Section inapplicable to National Railroad Passenger Corporation in hiring of qualified train and engine employees holding 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, see section 4011(c) of Pub. L. 99–272, set out as a note under section 797b of this title.

§907 Railroad hiring