Title 45 — Railroads
Chapter 18 — Milwaukee Railroad Restructuring
§ 907. Railroad hiring
Statutory text
Each person who is an employee of the Milwaukee Railroad on , and who is separated or furloughed from his employment with such railroad (other than for cause) prior to , as a result of a reduction of service by such railroad 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, 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 rail carrier shall not be considered to be hiring new employees when it recalls any of its own furloughed employees.
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.
Milwaukee Railroad Restructuring Act
Pub. L. 96–101 § 8 · 93 Stat. 736
Enacted · 45 U.S.C. § 907
Pub. L. 96–101, § 8, Nov. 4, 1979, 93 Stat. 740
Source evidence
Code source credit
Pub. L. 96–101, § 8, Nov. 4, 1979, 93 Stat. 740Enacted provision · exact public law section
Sec. 8. railroad hiring Each person who is an employee of the Milwaukee Railroad on September 30, 1979, and who is separated or furloughed from his employment with such railroad (other than for cause) prior to April 1, 1981, as a result of a reduction of service by such railroad 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, regulation, or executive order, or by the order of a Federal court or agency, or (2) a permissible Rail carrier. 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.Rail Safety and Service Improvement Act of 1982
Pub. L. 97–468 title II § 236(a) · 96 Stat. 2543
Substituted · 45 U.S.C. § 907
Pub. L. 97–468 substituted “April 1, 1984” for “April 1, 1981”
Source evidence
Code amendment note
Pub. L. 97–468 substituted “April 1, 1984” for “April 1, 1981”.Enacted provision · exact public law section
(a) Section 8 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 907) is amended by striking “April 1, 1981,” and inserting in lieu thereof “April 1, 1984,”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1983—Pub. L. 97–468 substituted “” for “”.
Statutory Notes and Related Subsidiaries
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 , by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 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 1301 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.
Credits
1979–1983 · 2 acts
Show as published
(Pub. L. 96–101, § 8, , 93 Stat. 740; Pub. L. 97–468, title II, § 236(a), , 96 Stat. 2547.)