Title 45 — Railroads
Chapter 16 — Regional Rail Reorganization
§ 797c. Central register of railroad employment
Statutory text
Register
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.
Each entry in the register shall include, or provide access to, basic information concerning the individual’s experience and qualifications.
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.
Corporation employees
As soon as is practicable after , 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.
Vacancy notices; warning; civil penalty
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.
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).
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.
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.
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.
Expiration
The provisions of this section shall cease to be effective on the expiration of the 6-year period beginning on .
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:
Any employee with such a dispute, grievance, or claim may petition the Board to review and investigate the dispute, grievance, or claim.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Regional Rail Reorganization Act of 1973
Pub. L. 93–236 title VII § 704 · 87 Stat. 985
Enacted · 45 U.S.C. § 797c
Pub. L. 93–236, title VII, § 704, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 663
Source evidence
Code source credit
Pub. L. 93–236, title VII, § 704, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 663Rail Safety and Service Improvement Act of 1982
Pub. L. 97–468 § 235(a) · 96 Stat. 2543
Substituted · 45 U.S.C. § 797c(f)
Pub. L. 97–468, § 235(a), substituted “4-year” for “3-year”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 97–468, § 235(a), substituted “4-year” for “3-year”.Enacted provision · exact public law section
(a) Section 704(f) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797(c)) is amended by striking “3-year” and 45 USC 797c. inserting in lieu thereof “4-year”.Rail Safety and Service Improvement Act of 1982
Pub. L. 97–468 § 235(b) · 96 Stat. 2543
Substituted · 45 U.S.C. § 797c(g)
Pub. L. 97–468, § 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
Source evidence
Code amendment note
Subsec. (g). Pub. L. 97–468, § 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.Enacted provision · exact public law section
(b) Section 704(g) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797(g)) is amended by striking “this section or section 703 45 USC 797c. of this Act” wherever it appears and inserting in lieu thereof “this section, section 703 of this Act, section 8 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 907), or section 105 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1004)”.Amtrak Reauthorization Act of 1985
Pub. L. 99–272 § 4011(a) · 100 Stat. 82
Amended · 45 U.S.C. § 797c(c)
Pub. L. 99–272, § 4011(a), designated existing provisions as par. (1)
Added · 45 U.S.C. § 797c(c)
Pub. L. 99–272, § 4011(a), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–272, § 4011(a), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(a) Liability.— Section 704(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797c(c)) is amended— (1) by inserting “(1)” after “Vacancy Notices.—”; and (2) by adding at the end a new paragraph as follows: “(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.”.Effective date note
Pub. L. 99–272, title IV, § 4011(d), Apr. 7, 1986, 100 Stat. 109, 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.”Amtrak Reauthorization Act of 1985
Pub. L. 99–272 § 4011(b) · 100 Stat. 82
Substituted · 45 U.S.C. § 797c(f)
Pub. L. 99–272, § 4011(b), substituted “6-year” for “4-year”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–272, § 4011(b), substituted “6-year” for “4-year”.Enacted provision · exact public law section
(b) Extension—Section 704(f) of such Act (45 U.S.C. 797c(f)) is amended by striking out “4-year” and inserting in lieu thereof “6-year”.Effective date note
Pub. L. 99–272, title IV, § 4011(d), Apr. 7, 1986, 100 Stat. 109, 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.”
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1983–1986 · 2 rounds
1986
Subsec. (c). Pub. L. 99–272, § 4011(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (f). Pub. L. 99–272, § 4011(b), substituted “6-year” for “4-year”.
1983
Subsec. (f). Pub. L. 97–468, § 235(a), substituted “4-year” for “3-year”.
Subsec. (g). Pub. L. 97–468, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–272, title IV, § 4011(d), , 100 Stat. 109, 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 [], and the amendment made by subsection (b) [amending this section] shall be effective as of .”
Credits
1981–1986 · 3 acts
- 1981Pub. L. 93–236, title VII, § 704, as added Pub. L. 97–35, title XI, § 1143(a), , 95 Stat. 663
- 1983amended Pub. L. 97–468, title II, § 235, , 96 Stat. 2547
- 1986Pub. L. 99–272, title IV, § 4011(a), (b), , 100 Stat. 108, 109.
Show as published
(Pub. L. 93–236, title VII, § 704, as added Pub. L. 97–35, title XI, § 1143(a), , 95 Stat. 663; amended Pub. L. 97–468, title II, § 235, , 96 Stat. 2547; Pub. L. 99–272, title IV, § 4011(a), (b), , 100 Stat. 108, 109.)