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Sec. 1

When electric railways included.

operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation, receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, and handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the business of any such "carrier": Provided, however, That the term "carrier" 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 steamrailroad 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 Mediation Board or upon complaint the of any party interested to determine after hearing railway whether any line operated by electric power falls within the terms of this proviso. The term "carrier" shall not include any company by reason of its being engaged in 54 Stat. 785. the mining of coal, the supplying of coal to a carrier where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any

of such activities.

Second. The term "Adjustment Board" means the National Railroad Adjustment Board created by this Act.

Third. The term "Mediation Board" means the National Mediation Board created by this Act.

Commission

to determine whether

included.

Mining supplying exceptions. of coal;

Commerce,

Fourth. The term "commerce" means commerce among the several States or between any State, Territory, or defined. the District of Columbia and any foreign nation, or between any Territory or the District of Columbia and any State, or between any Territory and any other Territory, or between any Territory and the District of Columbia, or within any Territory or the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign nation.

Employee,

Fifth. The term "employee" as used herein includes every person in the service of a carrier (subject to its defined. continuing authority to supervise and direct the manner of rendition of his service) who performs any work defined as that of an employee or subordinate official in

488902 O-59-27

Sec. 1

Commission entering, interpreting, orders.

54 Stat. 786. Exceptions to "employee" as defined.

"Representative" defined.

"District court."

48 Stat. 926.

49 Stat. 1921.

Court of
Appeals.

the orders of the Interstate Commerce Commission now in effect, and as the same may be amended or interpreted by orders hereafter entered by the Commission pursuant to the authority which is hereby conferred upon it to enter orders amending or interpreting such existing orders: Provided, however, That no occupational classification made by order of the Interstate Commerce Commission shall be construed to define the crafts according to which railway employees may be organized by their voluntary action, nor shall the jurisdiction or powers of such employee organizations be regarded as in any way limited or defined by the provisions of this Act or by the orders of the Commission.

The term "employee" shall not include any individual while such individual is engaged in the physical operations consisting of the mining of coal, the preparation of coal, the handling (other than movement by rail with standard railroad locomotives) of coal not beyond the mine tipple, or the loading of coal at the tipple.

Sixth. The term "representative" means any person or persons, labor union, organization, or corporation designated either by a carrier or group of carriers or by its or their employees, to act for it or them.

NOTE. By provision of § 17 (11) of part I, Interstate Commerce Act, representatives of employees of carriers may intervene and be heard in matters applicable, that affect such employees. See also Railroad Unemployment Insurance Act, § 1 (f); Railroad Retirement Tax Act, § 3231, title 26, supra.

Seventh. The term "district court" includes the United States District Court for the District of Columbia; and the term "court of appeals" includes the United States Court of Appeals for the District of Columbia.

This Act may be cited as the "Railway Labor Act."

NOTE.-Act of May 24, 1949, § 32 (b), amending Title 18 and title 28, Public Law 72, 81st Congress, 63 Stat. 107: All laws of the United States in force on September 1, 1948, in which reference is made to the District Court of the United States for the District of Columbia are amended by substituting "United States District Court for the District of Columbia" for such designation.

Sec. 32 (a) of the act of May 24, 1949, provides: All laws of the United States in force on September 1, 1948, in which reference is made to a "circuit court of appeals" are hereby amended by substituting "court of appeals" for "circuit court of appeals;"

RAILROAD RETIREMENT ACT OF 1937

Title 45.-Chapter 9, U. S. Code

DEFINITIONS

Sec. 1

SEC. 1. [August 29, 1935, June 24, 1937, August 13, 50 Stat. 307. 1940.] [45 U. S. ('. § 228a.] For the purposes of this

Act

defined.

When electric

railway in

cluded.

(a) The term "employer" means any carrier (as de- "Employer" fined in subsection (m) 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 Determination 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, as amended, and

by Commission

Secs. 1-18

54 Stat. 785.

"Carrier" defined.

50 Stat. 318.

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.

NOTE.-The Railroad Retirement Act of 1935, 49 Stat. 967–973, was amended by and incorporated in the Railroad Retirement Act of 1937, and continued in effect with respect to individuals granted annuities prior to enactment of the Railroad Retirement Act of 1937. By § 2 of the act of August 13, 1940, the 1935 act was amended to add to the end of § 1 (a), the following: "The term ‘carrier' shall not include any company by reason of its being engaged in the mining of coal, the supplying of coal to a carrier where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities."

(e) The term "United States" when used in a geographical sense, means the States, Alaska, Hawaii, and the District of Columbia.

(j) The term "enactment date" means the 29th day of August 1935.

(k) The term "company" includes corporations, associations, and joint-stock companies.

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(m) The term "carrier" means an express company, sleeping-car company, or carrier by railroad, subject to part I of the Interstate Commerce Act.

FREE TRANSPORTATION

SEC. 18. June 24, 1937.] [45 U. S. C. § 228r.] It shall not be unlawful for carriers by railroad subject to this Act to furnish free transportation to individuals receiving annuities or pensions under this Act or the Railroad Retirement Act of 1935 in the same manner as such transportation is furnished to employees in their service.

NOTE.-Free transportation, generally, § 1 (7); § 217 (b); § 306

(c).

RAILROAD UNEMPLOYMENT INSUR-
ANCE ACT

Title 45.-Chapter 11, U. S. Code

DEFINITIONS

Sec. 1

52 Stat. 1094.

54 Stat. 785.

defined.

railways.

SEC. 1. [June 25, 1938, June 20, 1939, August 13, 1940.] 53 Stat: 845. [45 U.S. C. § 351.] For the purposes of this Act, except when used in amending the provisions of other Acts— (a) The term "employer" means any carrier (as de- "Employer" fined 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 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 steamrailroad 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 accord

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