U.S. Code » Title 45 » Chapter CHAPTER 19— ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

45 U.S.C. § 1004

Railroad hiring

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(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.)Editorial NotesAmendments

1983—Subsec. (a). Pub. L. 97–468 substituted “January 1, 1984” for “January 1, 1981”.

Statutory Notes and Related SubsidiariesAbolition 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 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.

Notes of Decisions
Cited in 6 cases, 1984–1992 · leading case: Beardsly v. Chicago & North W. Transp. Co., 850 F.2d 1255 (8th Cir. 1988).
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Beardsly v. Chicago & North W. Transp. Co., 850 F.2d 1255 (8th Cir. 1988). · cites it 5× “5 Section 105 of the Act, 45 U.S.C. § 1004 , entitled “Railroad Hiring,” provides a broader right of first hire than the March *1260 4th Agreement.”
Beardsly v. Chicago & North W. Transp. Co., 836 F.2d 1493 (8th Cir. 1988). · cites it 5× “5 Section 105 of the Act, 45 U.S.C. § 1004 , entitled “Railroad Hiring,” provides a broader right of first hire than the March 4th Agreement.”
Bhd. of Locomotive Engineers v. Burlington N., Inc., 580 F. Supp. 797 (D. Colo. 1984). “§ 907 (the Milwaukee Act), and the Rock Island Railroad Transition and Employee Assistance Act, 45 U.S.C. § 1004 , (the Rock Island Act), grant plaintiffs first preference for any vacancies arising in the crafts of locomotives and firemen.”
Barker v. Chesapeake & Ohio R.R., 959 F.2d 1361 (6th Cir. 1992). “In Beardsly, one group of plaintiffs asserted that although they possessed preferential hiring rights under Section 105 of the Rock Island Railroad Transition and Employee Assistance Act, 45 U.S.C. § 1004 , the defendant violated that Act by not hiring them.”
Broth. of Locomotive Engineers v. Burlington, 580 F. Supp. 797 (D. Colo. 1984). “§ 907 (the Milwaukee Act), and the Rock Island Railroad Transition and Employee Assistance Act, 45 U.S.C. § 1004 , (the Rock Island Act), grant plaintiffs first preference for any vacancies arising in the crafts of locomotives and firemen.”
Polewsky v. Bay Colony R.R., 799 F. Supp. 396 (D. Vt. 1992). · cites it 2× “45 U.S.C. § 1004 . Respondent is a “carrier” as defined in 45 U.”
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