
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC797c]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                 SUBCHAPTER VII--PROTECTION OF EMPLOYEES
 
Sec. 797c. Central register of railroad employment


(a) Register

    (1) The Railroad Retirement Board (hereafter in this section 
referred to as the ``Board'') shall prepare and maintain a register of 
persons separated from railroad employment after at least one year of 
completed service with a railroad who have declared their current 
availability for employment in the railroad industry. The register shall 
be subdivided by class and craft of prior employment and shall be 
updated periodically to reflect current availability.
    (2) Each entry in the register shall include, or provide access to, 
basic information concerning the individual's experience and 
qualifications.
    (3) The Board shall place at the top of the register those former 
railroad employees entitled to priority under applicable provisions of 
law, including this chapter.

(b) Corporation employees

    As soon as is practicable after August 13, 1981, the Corporation 
shall provide to the Board the names of its former employees who elect 
to appear on the register and who have not been offered employment with 
acquiring railroads.

(c) Vacancy notices; warning; civil penalty

    (1) Each railroad shall timely file with the Board a notice of 
vacancy with respect to any position for which the railroad intends to 
accept applications from persons other than current employees of that 
carrier.
    (2)(A) As soon as the Board becomes aware of any failure on the part 
of a railroad to comply with paragraph (1), the Board shall issue a 
warning to such railroad of its potential liability under subparagraph 
(B).
    (B) Any railroad failing to comply with paragraph (1) of this 
subsection after being warned by the Board under subparagraph (A) shall 
be liable for a civil penalty in the amount of $500 for each subsequent 
vacancy with respect to which such railroad has so failed to comply.

(d) Placement

    The Board shall, through distribution of copies of the central 
register (or portions thereof) to railroads and representatives of 
classes or crafts of employees and through publication of employment 
information derived from vacancy notices filed with the Board, promote 
the placement of former railroad employees possessing requisite skills 
and experience in appropriate positions with other railroads.

(e) Employment applications

    In addition to its responsibilities under subsections (a) through 
(d) of this section, the Board shall facilitate the filing of employment 
applications with respect to current vacancies in the industry by former 
railroad employees entitled to priority under applicable provisions of 
law, including this chapter.

(f) Expiration

    The provisions of this section shall cease to be effective on the 
expiration of the 6-year period beginning on August 13, 1981.

(g) Resolution of disputes

    Any dispute, grievance, or claim arising under this section, section 
797b of this title, section 907 of this title, or section 1004 of this 
title shall be subject to resolution in accordance with the following 
procedures:
        (1) Any employee with such a dispute, grievance, or claim may 
    petition the Board to review and investigate the dispute, grievance, 
    or claim.
        (2) The Board shall investigate the dispute, grievance, or 
    claim, and if it concludes that the employee's rights under this 
    section, section 797b of this title, section 907 of this title, or 
    section 1004 of this title may have been violated, the dispute, 
    grievance, or claim shall be subject to resolution in accordance 
    with the procedures set forth in section 153 of this title.
        (3) In the case of any violation of this section, section 797b 
    of this title, section 907 of this title, or section 1004 of this 
    title, the Adjustment Board (or any division or delegate thereof) or 
    any other board of adjustment created under section 153 of this 
    title shall, where appropriate, award such relief, including back 
    pay, as may be necessary to enforce the employee's rights.

(Pub. L. 93-236, title VII, Sec. 704, as added Pub. L. 97-35, title XI, 
Sec. 1143(a), Aug. 13, 1981, 95 Stat. 663; amended Pub. L. 97-468, title 
II, Sec. 235, Jan. 14, 1983, 96 Stat. 2547; Pub. L. 99-272, title IV, 
Sec. 4011(a), (b), Apr. 7, 1986, 100 Stat. 108, 109.)


                               Amendments

    1986--Subsec. (c). Pub. L. 99-272, Sec. 4011(a), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (f). Pub. L. 99-272, Sec. 4011(b), substituted ``6-year'' 
for ``4-year''.
    1983--Subsec. (f). Pub. L. 97-468, Sec. 235(a), substituted ``4-
year'' for ``3-year''.
    Subsec. (g). Pub. L. 97-468, Sec. 235(b), substituted ``this 
section, section 797b of this title, section 907 of this title, or 
section 1004 of this title'' for ``this section or section 797b of this 
title'' wherever appearing.


                    Effective Date of 1986 Amendment

    Section 4011(d) of Pub. L. 99-272 provided that: ``The amendments 
made by subsections (a) and (c) [amending this section and enacting 
provisions set out as a note under section 797b of this title] shall 
take effect on the date of enactment of this Act [Apr. 7, 1986], and the 
amendment made by subsection (b) [amending this section] shall be 
effective as of August 1, 1985.''

                  Section Referred to in Other Sections

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