Title 45, RailroadsRelease 119-110
§797b Preferential Hiring
Title 45 › CHAPTER 16 — REGIONAL RAIL REORGANIZATION › SUBCHAPTER VII — PROTECTION OF EMPLOYEES › § 797b
Summary
If a railroad worker loses their job, they must get the first chance to be hired by another railroad for a similar job they held for not less than one year, unless the opening is filled under a required or an allowed voluntary affirmative-action or hiring plan. Calling back furloughed workers is not treated as hiring new employees. This first-hire right is equal to the right in sections 907 and 1004.
Full Legal Text
Title 45, §797b
Railroads, Source: USLM XML via OLRC
(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 section 907 and 1004 of this title.
Legislative History
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.”
Reference
Citations & Metadata
Citation
45 U.S.C. § 797b
Title 45, Railroads
Last Updated
Sep 22, 2026
Release point: 119-110