
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: 45USC797b]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                 SUBCHAPTER VII--PROTECTION OF EMPLOYEES
 
Sec. 797b. Preferential hiring


(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 sections 907 
and 1004 of this title.

(Pub. L. 93-236, title VII, Sec. 703, as added Pub. L. 97-35, title XI, 
Sec. 1143(a), Aug. 13, 1981, 95 Stat. 663.)


Exemption of National Railroad Passenger Corporation in Hiring Qualified 
                       Train and Engine Employees

    Pub. L. 99-272, title IV, Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 741, 797c, 797d, 797m of 
this title.
