republic-os/legal/us/code/title-45/chapter-19/section-1004.md

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LegalText	45 U.S.C. § 1004	Railroad hiring	us	united_states_code	code_section	45	RAILROADS	19	ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE	1004	45 U.S.C. § 1004	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/s1004	data/legal/raw/us/code/title-45/usc45.xml	c513c9e38016278d37b6025cdb67c3ed660753edada1ce0c859d45a22c738e3c	6ff04cb352e22f8a18f24c94e9adb8036909cf2a75f41489d768a5934fb9667c	8fa99278a43fc2d446d0aa64be5c7050acff29b1349db85dda67658a228ba02a	2026-07-04	official	legal us-code

45 U.S.C. § 1004 - Railroad hiring

Text

(a) Each person who is an employee of the Rock Island Railroad on August 1, 1979, and who, prior to January 1, 1984, is separated or furloughed (other than for cause) from his employment with such railroad, or from his employment with another rail carrier providing temporary service over lines of the Rock Island Railroad, as a result of a reduction of service by such railroad or such temporary service carrier 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, regulations, or Executive order, or by the order of a Federal or State 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.

(b) The rights afforded to Rock Island Railroad employees by this section shall be coequal to the rights afforded to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company employees by section 907 of this title.

(Pub. L. 96–254, title I, § 105, May 30, 1980, 94 Stat. 400; Pub. L. 97–468, title II, § 236(b), Jan. 14, 1983, 96 Stat. 2547.)

Notes

Editorial Notes

Amendments1983—Subsec. (a). Pub. L. 97–468 substituted “January 1, 1984” for “January 1, 1981”.

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 Jan. 1, 1996, 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 EmployeesSection 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.