[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR202.15]



[Page 188-189]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 202_EMPLOYERS UNDER THE ACT--Table of Contents

 

Sec.  202.15  Railway labor organizations.



    Railway labor organizations, national in scope, which have been or 

may be organized in accordance with the provisions of the Railway Labor 

Act, as amended, and their State and National legislative committees and 

their general committees and their insurance departments and their local 

lodges and divisions, established pursuant to the constitution and 

bylaws of such organizations, shall be employers within the meaning of 

the act.

    (a) An organization doing business on or after June 21, 1934, which 

establishes, in accordance with paragraph (a)(1), (2), or (3) of this 

section a right, under section 3 ``First'' (a) of the Railway Labor Act, 

as amended (48 Stat. 1189; 45 U.S.C. 153 ``First'' (a)), to participate 

in the selection of labor members of the National Railroad Adjustment 

Board, will be presumed, in the absence of clear and convincing evidence 

to the contrary, to be, from and after the date on which such right is 

thus established, a labor organization, national in scope and organized 

in accordance with the provisions of the Railway Labor Act, as amended. 

Such an organization can establish that it is an employer by 

establishing, in accordance with paragraph (b) of this section, that, as 

a labor organization, national in scope and organized in accordance with 

the provisions of the Railway Labor Act, as amended, it is a ``railway'' 

organization. An organization, doing business on or after June 21, 1934, 

which has not established such a right of participation, will be 

presumed not to be a labor organization, national in scope and organized 

in accordance with the provisions of the Railway Labor Act, as amended, 

and such presumption can be rebutted only by clear and convincing 

evidence satisfactory to the Board showing that the reasons for the 

organization's failure to establish such a right have no relation to its 

being a labor organization, national in scope and organized in 

accordance with the provisions of the Railway Labor Act, as amended. 

Only after such presumption has thus been rebutted will further evidence 

as to whether the organization is an employer be considered. (The 

establishment or nonestablishment of such a right of participation will 

not raise any presumption as to whether an organization is, or is not, a 

``railway'' organization. The existence of this qualification shall be 

determined in accordance with paragraph (b) of this section.) An



[[Page 189]]



organization will have established such a right of participation if:

    (1) It has in fact participated in the selection of labor members of 

the National Railroad Adjustment Board and has continued to participate 

in such selection; or

    (2) It has been found, under section 3 ``First'' (f) of the Railway 

Labor Act, as amended (48 Stat. 1190; 45 U.S.C. 153 ``First'' (f)), to 

be qualified to participate in the selection of labor members of the 

National Railroad Adjustment Board; or

    (3) It is recognized by all organizations, qualified under 

paragraphs (a)(1) or (2) of this section, as having the right to 

participate in the selection of labor members of the National Railroad 

Adjustment Board.

    (b) The question as to whether a labor organization, national in 

scope, and organized in accordance with the provisions of the Railway 

Labor Act, as amended, is, as such a national labor organization, a 

``railway'' labor organization, will be determined by the Board on the 

basis of considerations such as the following:

    (1) The extent to which it is, and has been recognized as, 

representative of crafts or classes of employees in the railroad 

industry.

    (2) The extent to which its purposes and business are and have been 

to promote the interests of employees in the railroad industry.

    (c) A labor organization which ceased doing business before June 21, 

1934, will have been an employer if its characteristics were 

substantially the same as those of labor organizations, doing business 

on or after June 21, 1934, which are established as employers in 

accordance with paragraphs (a) and (b) of this section.

    (d) An organization which establishes, to the satisfaction of the 

Board, that it is a labor organization, as defined in paragraph (e) of 

this section, and that is composed of labor organizations which are 

established as employers in accordance with paragraphs (a), (b), and (c) 

of this section, is thereby established as being an employer.

    (e) For the purposes of the regulations in this chapter, a labor 

organization is an organization whose business is to promote the 

interests of employees in their capacity as employees, either directly 

or through their organizations.