[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: 20CFR205.3]



[Page 194-195]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 205_EMPLOYEE REPRESENTATIVE--Table of Contents

 

Sec.  205.3  Factors considered in determining employee representative 

status.



    The following factors, among others, are considered by the Board in 

determining an individual's status as an employee representative:

    (a) The name of the last railroad or other employer under the Act by 

which the individual was employed, and the period of employment;

    (b) The present official name of the organization by which the 

individual is employed, as well as any other name(s) under which that 

organization operated previously;

    (c) The date on which the organization was founded;

    (d) The title of the position held by the individual within the 

organization, and the duties of said position;

    (e) The method by which the individual, or the person to whom he or 

she is regularly assigned or by whom he or she is regularly employed, 

was authorized to represent members of the organization in negotiating 

with their employers, the date on which the individual was so 

authorized, and the time period covered by said authorization;

    (f) The purpose or business of the organization as reflected by its 

constitution and by-laws;

    (g) The extent to which the organization is, and has been recognized 

as, representative of crafts or classes of employees in the railroad 

industry;

    (h) The extent to which the purposes and businesses of the 

organization are and have been to promote the interests of employees in 

the railroad industry as indicated by:

    (1) The specific employee group(s) represented; and



[[Page 195]]



    (2) The proportion of members that are employed by railroad 

employers in relation to those members that are employed by non-railroad 

employers;

    (i) Whether the organization has been certified by the National 

Mediation Board as a representative of any class of employees of any 

company;

    (j) If the organization has not been certified as representative of 

any class of employees, the manner and method by which the organization 

determined that it was the duly authorized representative of such 

employees;

    (k) Whether the organization participates or is authorized to 

participate in the selection of labor members of the National Railroad 

Adjustment Board; and

    (l) Whether the organization was assisted by any carrier by 

railroad, express company, or sleeping car company, directly or 

indirectly, in its formation, in influencing employees to join the 

organization, financially, or in the collection of dues, fees, 

assessments, or any contributions payable to the organization.