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45 U.S.C. § 1004 — Railroad hiring

submitted 46 years ago by Pub. L. 96-254 to r/title-45-RAILROADS · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain Rock Island Railroad employees separated or furloughed because of reduced service receive the first right to apply for covered vacancies at other regulated rail carriers, unless an exception applies. Their rights are equal to those given to certain Milwaukee Railroad employees.

(a) A person who was a Rock Island Railroad employee on August 1, 1979, and who before January 1, 1984 is separated or furloughed, other than for cause, from that railroad or from another rail carrier temporarily serving Rock Island lines because service was reduced, has the first right to be hired for a vacancy at any other rail carrier regulated by the Commission. This right applies unless the person is found less qualified than other applicants, and unless the vacancy is covered by (1) a required Federal or State affirmative-action or anti-discrimination hiring plan, including one ordered by a Federal or State court or agency, or (2) a permitted voluntary affirmative-action plan. A carrier is not hiring new employees when it recalls its own furloughed employees.

(b) These Rock Island employees’ rights are equal to the rights given to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company employees under section 907 of this title.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 96–254, title I, § 105, May 30, 1980, 94 Stat. 400; Pub. L. 97–468, title II, § 236(b), Jan. 14, 1983, 96 Stat. 2547.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-254 · 94 Stat. 400
  • 1983Amended · Pub. L. 97-468 · 96 Stat. 2547

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-254 on 1980-05-30.

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