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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 45 U.S.C. § 797b Preferential hiring us united_states_code code_section 45 RAILROADS 16 REGIONAL RAIL REORGANIZATION 797b 45 U.S.C. § 797b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc45@119-100.zip /us/usc/t45/s797b data/legal/raw/us/code/title-45/usc45.xml a6c9eba38ac807ec767a3ec1cdf1d6e79672a0a06a757e1cea09dbb053ae4ac1 6ff04cb352e22f8a18f24c94e9adb8036909cf2a75f41489d768a5934fb9667c bb1f16a26314f57bbc57b604f6d8d601af8b14c37ae603da5578953e1d4c1db9 2026-07-04 official
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45 U.S.C. § 797b - Preferential hiring

Text

(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. 93236, title VII, § 703, as added Pub. L. 9735, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 663.)

Notes

Statutory Notes and Related Subsidiaries

Exemption of National Railroad Passenger Corporation in Hiring Qualified Train and Engine EmployeesPub. L. 99272, title IV, § 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.”