Sec. 8. railroad hiring1
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/statute-compilations/comps-1798/sec-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 8 railroad hiring1 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, 1984, 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. 1Section 4011(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (P.L. 99–272; 100 Stat. 109; April 7, 1986) provided as follows: ``(c) Exemption.—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.''. **[**[45 U.S.C. 907](/us/usc/t45/s907)**]**
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- 100 Stat. 109
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