Title 45, RailroadsRelease 119-102

§797f Contracting Out

Title 45 › CHAPTER 16 — REGIONAL RAIL REORGANIZATION › SUBCHAPTER VII — PROTECTION OF EMPLOYEES › § 797f

Last updated Aug 21, 2026|Official source

Summary

The Corporation must have its own employees, including those on furlough, do the work to run, service, maintain, repair, rehabilitate, or modernize the rail lines, property, equipment, and facilities it acquired if those jobs were done that way under current contracts. If the Corporation does not have enough employees, including furloughed workers, and cannot hire more, it may subcontract the remaining work. "Cannot hire more" means the Corporation must set up and keep an apprenticeship, training, or recruitment program to get enough skilled workers. Subcontracting is not allowed where union contracts for those jobs require the union’s agreement.

Full Legal Text

Title 45, §797f

Railroads, Source: USLM XML via OLRC

All work in connection with the operation or services provided by the Corporation on the rail lines, properties, equipment, or facilities acquired pursuant to the provisions of this chapter and the maintenance, repair, rehabilitation, or modernization of such lines, properties, equipment, or facilities which has been performed by practice or agreement in accordance with provisions of the existing contracts in effect with the representatives of the employees of the classes or crafts involved shall continue to be performed by the Corporation’s employees, including employees on furlough. Should the Corporation lack a sufficient number of employees, including employees on furlough, and be unable to hire additional employees, to perform the work required, it shall be permitted to subcontract that part of such work which cannot be performed by its employees, including those on furlough, except where agreement by the representatives of the employees of the classes or crafts involved is required by applicable collective-bargaining agreements. The term “unable to hire additional employees” as used in this section contemplates establishment and maintenance by the Corporation of an apprenticeship, training, or recruitment program to provide an adequate number of skilled employees to perform the work.

Reference

Citations & Metadata

Citation

45 U.S.C. § 797f

Title 45, Railroads

Last Updated

Aug 21, 2026

Release point: 119-102