
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1004]

 
                           TITLE 45--RAILROADS
 
          CHAPTER 19--ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE
 
Sec. 1004. Railroad hiring

    (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.

(Pub. L. 96-254, title I, Sec. 105, May 30, 1980, 94 Stat. 400; Pub. L. 
97-468, title II, Sec. 236(b), Jan. 14, 1983, 96 Stat. 2547.)


                               Amendments

    1983--Subsec. (a). Pub. L. 97-468 substituted ``January 1, 1984'' 
for ``January 1, 1981''.

  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 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 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 701 
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.

                  Section Referred to in Other Sections

    This section is referred to in sections 797b, 797c of this title.
