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U.S Code last checked for updates: Nov 22, 2024
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Title 45
Chapter 16
Subchapter VII
§ 797b. Preferential hiring...
§ 797d. Election and treatment o...
§ 797b. Preferential hiring...
§ 797d. Election and treatment o...
U.S. Code
Notes
§ 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
(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
(e)
Employment applications
(f)
Expiration
(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, § 704
, as added
Pub. L. 97–35, title XI, § 1143(a)
,
Aug. 13, 1981
,
95 Stat. 663
; amended
Pub. L. 97–468, title II, § 235
,
Jan. 14, 1983
,
96 Stat. 2547
;
Pub. L. 99–272, title IV, § 4011(a)
, (b),
Apr. 7, 1986
,
100 Stat. 108
, 109.)
cite as:
45 USC 797c
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