§ 797a. Termination allowance
(a) General
The Corporation may terminate the employ-
ment of certain employees, in accordance with
this section, upon the payment of an allowance
of $350 for each month of active service with the
Corporation or with a railroad in reorganiza-
tion, but in no event may any such termination
allowance exceed $25,000.
(b) Employment needs
Within 90 days after August 13, 1981, the Cor-
poration shall determine, for each location, the
number of employees that the Corporation in-
tends to separate under subsection (a) of this
section.
(c) Notification and separation procedure
(1) Within 90 days after August 13, 1981, the
Corporation shall notify its employees of their
rights and responsibilities under this section.
(2) Within 90 days after August 13, 1981, the
Corporation shall notify each train and engine
service employee eligible to be separated under
paragraph (3) that such employee may be enti-
tled to receive a separation payment under this
section if such employee files a written request
to be separated. Such notice may be revised
from time to time.
(3) If the number of employees who request to
be separated pursuant to paragraph (2) of this
subsection is greater, in engine service at any
location, than the number of excess firemen at
the location, and in train service at the location
than the number of excess second and third
brakemen, as determined by the Corporation,
the Corporation shall separate the employees
described in paragraph (2) of this subsection in
order of seniority beginning with the most sen-
ior employee, until the excess firemen and sec-
ond and third brakemen positions at that loca-
tion, as determined by the Corporation, have
been eliminated.
(d) Designated separations
If the number of e
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Page 215
TITLE 45—RAILROADS
§ 797b
same participants and beneficiaries and in the same
amounts as the fractional shares had been allocated.
‘‘(B) After completing the distribution under subpara-
graph (A), the ESOP shall terminate.
‘‘(3) The Corporation shall distribute any full shares
of its common stock which, because of the exception
under paragraph (1)(B), could not be contributed to the
ESOP to those persons to whom the ESOP would have
allocated such shares pursuant to paragraph (1)(B) had
such shares been contributed to the ESOP. The Cor-
poration shall pay cash pursuant to the formula set
forth in paragraph (2)(A)(ii) in lieu of fractional shares.
‘‘(4) For purposes of Rule 144 promulgated under the
Securities Act of 1933 [15 U.S.C. 77a et seq.], each share
of the common stock of the Corporation distributed
under this subsection shall be deemed to have been ben-
eficially owned by the recipient, as of the date of such
distribution, for a period of 3 years.’’
§ 797a. Termination allowance
(a) General
The Corporation may terminate the employ-
ment of certain employees, in accordance with
this section, upon the payment of an allowance
of $350 for each month of active service with the
Corporation or with a railroad in reorganiza-
tion, but in no event may any such termination
allowance exceed $25,000.
(b) Employment needs
Within 90 days after August 13, 1981, the Cor-
poration shall determine, for each location, the
number of employees that the Corporation in-
tends to separate under subsection (a) of this
section.
(c) Notification and separation procedure
(1) Within 90 days after August 13, 1981, the
Corporation shall notify its employees of their
rights and responsibilities under this section.
(2) Within 90 days after August 13, 1981, the
Corporation shall notify each train and engine
service employee eligible to be separated under
paragraph (3) that such employee may be enti-
tled to receive a separation payment under this
section if such employee files a written request
to be separated. Such notice may be revised
from time to time.
(3) If the number of employees who request to
be separated pursuant to paragraph (2) of this
subsection is greater, in engine service at any
location, than the number of excess firemen at
the location, and in train service at the location
than the number of excess second and third
brakemen, as determined by the Corporation,
the Corporation shall separate the employees
described in paragraph (2) of this subsection in
order of seniority beginning with the most sen-
ior employee, until the excess firemen and sec-
ond and third brakemen positions at that loca-
tion, as determined by the Corporation, have
been eliminated.
(d) Designated separations
If the number of employees who are separated
pursuant to subsection (c)(3) is less at any loca-
tion than the number of excess firemen in
freight and commuter service and second and
third brakemen in freight service at such loca-
tion, as determined by the Corporation, the Cor-
poration may, after 210 days after August 13,
1981, designate for separation employees in en-
gine service or train service respectively in in-
verse order of seniority, beginning with the
most junior employee in active service at such
location until the excess firemen in freight and
commuter service and second and third brake-
men in freight service, at that location have
been eliminated. An employee designated under
this subsection may choose (1) to furlough him-
self voluntarily, in which case the next most
junior employee protected under the fireman
manning or crew consist agreements or any
other agreement or law, in the same craft or
class at such location may be separated instead
and receive the separation allowance, or (2) to
exercise his seniority to another location, in
which case the Corporation may separate, under
the provisions of this subsection, the next most
junior protected employee in active service at
the location to which seniority ultimately is ex-
ercised.
(e) Effect on positions
(1) The Corporation shall refrain from filling
one fireman position in freight service, or in
commuter service where applicable, for each em-
ployee in engine service separated in accordance
with this section.
(2) The Corporation may refrain from filling
one brakeman position in excess of one con-
ductor and one brakeman on one crew in freight
service for each employee in train service who is
separated in accordance with this section.
(3) Positions permitted to be not filled under
this subsection shall be not filled in different
types of freight service actually operated at or
from the location in a sequence to be agreed
upon between the Corporation and the general
chairman representative of classes or crafts of
employees having jurisdiction over the positions
to be not filled. If no such agreement is reached,
the Corporation may designate the position to
be not filled.
(4) Notwithstanding paragraphs (1) and (2) of
this subsection, the Corporation shall retain all
rights it has under any provision of law or
agreement to refrain from filling any position of
employment.
(f) Procedures
The Corporation and representatives of the
various classes and crafts of employees to be
separated may agree on procedures to imple-
ment this section, but the absence of such agree-
ment shall not interfere with implementation of
the separations authorized by this section.
(g) Commuter employees
The provisions of this section shall apply to
the separation of firemen in commuter service,
except that with respect to such employees the
Corporation is required to make the separations
authorized by this section.
(Pub. L. 93–236, title VII, § 702, as added Pub. L.
97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat.
662.)
§ 797b. Preferential hiring
(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-agree-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 77a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 77a. Short title
This subchapter may be cited as the ‘‘Securi-
ties Act of 1933’’.
(May 27, 1933, ch. 38, title I, § 1, 48 Stat. 74.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2012 AMENDMENT
Pub. L. 112–142, § 1, July 9, 2012, 126 Stat. 989, provided
that: ‘‘This Act [amending section 77c of this title] may
be cited as the ‘Church Plan Investment Clarification
Act’.’’
Pub. L. 112–106, title III, § 301, Apr. 5, 2012, 126 Stat.
315, provided that: ‘‘This title [enacting section 77d–1 of
this title, amending sections 77d, 77r, 78c, 78l, and 78o of
this title, and enacting provisions set out as notes
under sections 77d, 77r, 78c, and 78l of this title] may be
cited as the ‘Capital Raising Online While Deterring
Fraud and Unethical Non-Disclosure Act of 2012’ or the
‘CROWDFUND Act’.’’
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96–477, title VI, § 601, Oct. 21, 1980, 94 Stat.
2294, provided that: ‘‘This title [amending sections 77b
and 77d of this title] may be cited as the ‘Small Busi-
ness Issuers’ Simplification Act of 1980’.’’
§ 77b. Definitions; promotion of efficiency, com-
petition, and capital formation
(a) Definitions
When used in this subchapter, unless the con-
text otherwise requires—
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 77a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General** The Corporation may terminate the employment of certain employees, in accordance with this section, upon the payment of an allowance of $350 for each month of active service with the Corporation or with a railroad in reorganization, but in no event may any such termination allowance exceed $25,000.
**(b) Employment needs** Within 90 days after August 13, 1981, the Corporation shall determine, for each location, the number of employees that the Corporation intends to separate under subsection (a) of this section.
**(c) Notification and separation procedure**
(1) Within 90 days after August 13, 1981, the Corporation shall notify its employees of their rights and responsibilities under this section.
(2) Within 90 days after August 13, 1981, the Corporation shall notify each train and engine service employee eligible to be separated under paragraph (3) that such employee may be entitled to receive a separation payment under this section if such employee files a written request to be separated. Such notice may be revised from time to time.
(3) If the number of employees who request to be separated pursuant to paragraph (2) of this subsection is greater, in engine service at any location, than the number of excess firemen at the location, and in train service at the location than the number of excess second and third brakemen, as determined by the Corporation, the Corporation shall separate the employees described in paragraph (2) of this subsection in order of seniority beginning with the most senior employee, until the excess firemen and second and third brakemen positions at that location, as determined by the Corporation, have been eliminated.
**(d) Designated separations** If the number of employees who are separated pursuant to subsection (c)(3) is