[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: 20CFR301.1]



[Page 536-537]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 301_EMPLOYERS UNDER THE ACT--Table of Contents

 

Sec.  301.1  Statutory provisions.









Sec.

301.1 Statutory provisions.

301.4 Who are employers.



    Authority: 45 U.S.C. 362(1).





    (a) The term ``employer'' means any carrier (as defined in 

subsection (b) of this section), and any company which is directly or 

indirectly owned or controlled by one or more such carriers or under 

common control therewith, and which operates any equipment or facility 

or performs any service (except trucking service, casual service, and 

the casual operation of equipment or facilities) in connection with the 

transportation of passengers or property by railroad, or the receipt, 

delivery, elevation, transfer in transit, refrigeration or icing, 

storage, or handling of property transported by railroad, and any 

receiver, trustee, or other individual or body, judicial or otherwise, 

when in the possession of the property or operating all or any part of 

the business of any such employer: Provided, however, That the term 

``employer'' shall not include any street, interurban, or suburban 

electric railway, unless such railway is operating as a part of a 

general steam-railroad system of transportation, but shall not exclude 

any part of the general steam-railroad system of transportation now or 

hereafter operated by any other motive power. The Interstate Commerce 

Commission is hereby authorized and directed upon request of the Board, 

or upon complaint of any party interested, to determine after hearing 

whether any line operated by electric power falls within the terms of 

this proviso. The term ``employer'' shall also include railroad 

associations, traffic associations, tariff bureaus, demurrage bureaus, 

weighing and inspection bureaus, collection agencies, and other 

associations, bureaus, agencies, or organizations controlled and 

maintained wholly or principally by two or more employers as 

hereinbefore defined and engaged in the performance of services in 

connection with or incidental to railroad transportation; and railway 

labor organizations, national in scope, which have been or may be 

organized in accordance with the provisions of the Railway Labor Act, 

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.

    The term ``employer'' shall not include any company by reason of its 

being engaged in the mining of coal, the supplying of coal to an 

employer where delivery is not beyond the mine tipple, and the operation 

of equipment or facilities therefor, or in any of such activities. * * *

    (b) The term ``carrier'' means an express company, sleeping-car 

company, or carrier



[[Page 537]]



by railroad, subject to part I of the Interstate Commerce Act.



[Board Order 40-368, 5 FR 2718, Aug. 1, 1940, as amended by Board Order 

41-526, 7 FR 97, Jan. 6, 1942]