§1004 — Title 45 Railroads | U.S. Code

Summary

Gives certain Rock Island Railroad workers the first chance to be hired by other rail carriers that the Commission regulates. It applies to people who worked for Rock Island on August 1, 1979 and who were separated or furloughed (not for cause) before January 1, 1984 because service was cut, including workers laid off from a carrier that was temporarily running Rock Island lines. They get the first right to fill open jobs unless they are found less qualified or the job is reserved under a required or permitted affirmative action plan. A carrier calling back its own furloughed employees is not treated as hiring new workers. These rights are equal to the rights given to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company employees by section 907 of this title.

Title 45, §1004

Railroads — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Subsec. (a). Pub. L. 97–468 substituted “

January 1, 1984” for “

January 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.

§1004 Railroad Hiring