Section 127.1 Report of employees, service, and compensation. (a) The annexed rules in this part governing the classification of steam railway employees and reports of their service and compensation are approved to take effect on July 1, 1921, and all carriers by steam railway within the scope of section 20 of the Interstate Commerce Act will be governed by the said rules in the preparation and submission of their annual and other periodical reports to the Interstate Commerce Commission in accordance with forms adopted for such returns, and also with respect to any other matters covered by the rules in this part. (b) All carriers of class I included under this order shall, beginning with a report for the month of July, 1921, render monthly reports of employees, service, and compensation in accordance with forms outlined in connection with the rules specified in the above paragraph. Such reports shall be made under oath and forwarded to the Bureau of Statistics, Interstate Commerce Commission, Washington, D. C., not later than the 30th day following the close of the month to which they relate. Carriers of classes II and III and lessor companies shall include a statement of employees, service, and compensation in their annual reports in accordance with the simplified form given in the annexed rules in this part.* [Order, ICC, Apr. 18, 1921] *88 127.1 to 127.6, inclusive, issued under the authority contained in sec. 20, 24 Stat. 386, sec. 7, 34 Stat. 593, 35 Stat. 649, sec. 14, 36 Stat. 555, sec. 1, 38 Stat. 1196, 39 Stat. 441, secs. 434-438, 41 Stat. 493, 494; 49 U.S.C. 20 (1)–(10). 127.2 Definition of employees, duty, and compensation. The word employees, as used herein, is intended to include every person in the service of the reporting carrier subject to its continuing authority to supervise and direct the manner of rendition of his service. Persons engaged to render only specifically defined service and not subject to the continuing authority of the carrier to supervise and control their acts, such as customhouse brokers, lawyers retained only for specific cases and not under general or continuing retainer, etc., are not employees in the meaning of the term used in this part. (a) Counting employees. Since the number of employees fluctuates, carriers are required to classify and count all of their employees at 12 different times each year, with additional counts in certain occupations as provided for in §§ 127.4, 127.5. (b) Joint employees. Each person jointly employed shall, if carried on the pay rolls of the several joint employers, be counted by each employer and represented in its return of number of employees by a fraction based on the number of employers reporting him; if a person, for example, is reportable by three employers, each should include him in its number of employees as one-third of an employee. When the entire compensation of a joint employee is shown on the pay roll of a single joint employer and is paid to the employee by that employer such employee should, for the purpose of returns, be treated as if employed solely by such employer. "At the time of promulgation of rules, duplicate copies of reports were sent to Railway Labor Board; now forwarded to National Mediation Board, Washington, D. C. Page 1558 (c) Time on duty. The actual number of hours on duty, or held for duty, is to be ascertained and recorded for every class of employees required to be on duty at regular times. For enginemen and trainmen, the actual number of miles run is to be recorded, as well as the number of hours on duty. Whenever an employee works at more than one occupation, or in more than one class of service, both the number of hours worked and the compensation paid, subject to the modifications indicated in connection with Form B (§ 127.5), should be separated and reported under the proper reporting divisions. For example, if an employee is paid a day's wage for a smaller number of hours than constitutes a day's work, the number of hours paid for as well as the actual number of hours the employee is on duty should be ascertained and recorded. Time allowed for meals, part holidays, holidays, absences on leave, vacations, etc., should be excluded from time actually worked, unless such time is paid for, in which case it should be appropriately reported. These requirements apply to enginemen and trainmen paid on the basis of trips or of miles run, and to employees paid at piece rates, as well as to employees paid on hourly, daily, weekly, monthly, or other time basis. For general officers, division officers, traveling agents and solicitors, and other classes of employees, whose duties are of such a nature that it is impracticable to record accurately the number of hours during which they are on duty, the return should show the number of days on duty, as well as the number of days paid for. Employees whose time on duty and time paid for are measured in days are indicated on Form A (§ 127.4) by the letter (D), following the title of the reporting division. Total overtime hours paid for should be reported separately between pro-rata and punitive rates paid therefor, except in Train and Engine Service. (d) Compensation. The compensation of employees as defined in the rules in this part is to be stated in such manner and detail as the forms adopted for periodical returns require.*+ [Rules 1-5, part 1] †The source of §§ 127.2 to 127.6, inclusive, is Rules governing the classification of steam railway employees and reports of their service and compensation, Interstate Commerce Commission, Apr. 18, 1921. 127.3 Forms required to be used. (a) There are presented in §§ 127.4, 127.5 outlines of two forms for the report of information to the Interstate Commerce Commission on railway employees, their service and compensation, designated as Form A, which relates to employees other than train and engine service employees, and Form B, which relates to train and engine service employees. These forms are explained by instructions, with some illustrative examples, in order that the intent of the forms may be correctly understood. (b) With general reference to the statement of the compensation of employees in Forms A and B, it should be understood that the total compensation received by the employees in each reporting division, as well as the amount of work they perform, should be shown. properly distributed under the prescribed column heads as indicated by the forms. It should be noted that if the work of an employee *For statutory citation, see note to § 127.1. Page 1559 varies during a report period, his time and compensation should be apportioned accordingly. Illustrations: (1) In the course of a month, an employee works as a machinist, and as such earns $65 and he works also as a gang foreman and earns $35. The pay received by him in the occupation of Machinist with corresponding time should be included in returns for Division 61, "Machinists," and his other pay and time as indicated should be included in returns for Division 53, "Gang Foreman and Gang Leaders." (2) When an employee works at two or more of the occupations of engineer, fireman, conductor, and brakeman his time and compensation should be assigned in accordance with the facts. For example, in a certain period an employee earns as a through freight engineer $30, as a local or way freight engineer $26, as a yard engineer $15, and as a local or way freight fireman $16. The time and the compensation of this employee should be correspondingly distributed among reporting divisions 122, 123, 124, and 127 as they are respectively applicable, without regard to the predominance of the time worked or the amount earned by him in one occupation. (c) As elsewhere indicated, the statement of the number of employees in the service of a company with respect to reporting divisions depends upon the allocation of the individual employees as of the day of count. (d) The reporting divisions shown in Forms A and B following will also be used in connection with the annual report of steam roads of classes II and III and lessor companies, but only the information indicated by the following column headings will be required for each reporting division:1 (1) Name of reporting division. (2) Number of employees in service at middle of the months of January, April, July, and October (and average of preceding). (3) Hours of service: Straight time. Overtime. Total. (4) Days of service: Straight time. Overtime. Total. (5) Compensation: Straight time. Overtime. Total.*+ [Pars. 1-4, part II] MONTHLY REPORT OF EMPLOYEES, SERVICE, AND COMPENSATION 127.4 Explanatory instructions pertaining to Form A. Column 1. The reporting divisions named in column 1 of Form A are to accord with the definitions of the divisions given in the classification and index of steam railroad occupations of the United States Railroad Labor Board. 'The column headings in the annual report forms now read: a. Number of reporting divisions. b. Average number of employees. Service hours or days. c. Straight time. d. Overtime paid for. e. Total. Compensation f. Straight time. g. Overtime. h. Total. Page 1560 *For statutory citation, see note to § 127.1. Column 2. The 15th day of a month is to be taken as the middle of the month, except when it falls on a Sunday or a holiday, in which case the count should be made as of the last preceding business day. The count should not be restricted to employees actually on duty as of the day of the count, but should cover all employees, including employees under pay on vacation or sick leave. Employees who are not subject to call for duty, such as employees not under pay, absent on definite leave or under suspension, and pensioners not bound to render service, should be excluded. Employees whose duties are such as to make them includible in two or more reporting divisions should be reported in that division indicated by the greater part of their duties during the period covered by a report. Column 3. Enter number of employees who made time during the month, no matter for how short a period, classified by reporting divisions. Employees who worked in more than one occupation during the month should be assigned according to the preponderance of their duties. Column 4. There should be stated for each of the reporting divisions the total number of straight-time hours actually worked by the employees whose service is includible in the particular division. Column 5. Enter the total number of overtime hours paid for at pro-rata rates. Column 6. Enter the total number of overtime hours paid for at punitive rates. Column 7. Enter the totals of time paid for and not worked, such as payment for part holidays, holidays, absence on definite leave, vacations, miscellaneous time paid for but not worked, such as pay for attending court, suspensions, sickness, time allowed for meals, and other time that can properly be considered constructive, such as allowance to complete a minimum day when less than a minimum day is worked. Illustrations: (1) Certain employees are required to work only 4 hours on Saturday, but are allowed 8 hours' pay. Enter 4 hours in column 4 and 4 hours in column 7. (2) Certain shop employees work 7 hours on Saturday and are allowed 8 hours' pay. Enter 7 hours in column 4 and 1 hour in column 7. Column 8. Enter the total of columns 4 to 7. Column 9. Enter the compensation for the time shown in column 4. Column 10. Enter the compensation for the time shown in column 5. Column 11. Enter the compensation for the time shown in column 6. Column 12. Enter the compensation for the time shown in column 7. Column 13. Enter the total of columns 9 to 12.* [As amended Oct. 20, 1932] (For Form A, see pages 1562-1564) *For statutory citation, see note to § 127.1. Page 1561 |