B.C.D. 04-14

MAR 1 1 2004

EMPLOYER STATUS DETERMINATION

Brotherhood of Locomotive Engineers and Trainmen,

a Division of the Rail Conference ofthe International Brotherhood of Teamsters

Brotherhood of Locomotive Engineers

This is the determination ofthe Railroad Retirement Board concerning the status ofthe

Brotherhood of Locomotive Engineers and Trainmen, a Division ofthe Rail Conference

ofthe International Brotherhood of Teamsters, as an employer under the Railroad

Retirement Act (45 U.S.C. § 231 et seq.) and the Railroad Unemployment Insurance Act

(45 U.S.C. § 351 et seq.), and the continued status as an employer ofthe Brotherhood of

Locomotive Engineers.

Information about both ofthese labor organizations was provided by Dr. Elaine Reese,

National Reporting Officer. The Brotherhood of Locomotive Engineers has been a

railway labor organization covered as an employer under the Acts (B.A. No. 8902). On

January 1, 2004, it merged with the International Brotherhood ofTeamsters, and

became a division ofthat organization. The name ofthe division became the

Brotherhood of Locomotive Engineers and Trainmen. The Brotherhood of Locomotive 

Engineers ceased to exist.

Section i(a)(i)(v) ofthe Railroad Retirement Act of 1974 provides that the term

"employer" includes any railway labor organization, national in scope, which has been

or may be organized in accordance with the provisions ofthe Railway Labor Act.

Section i(a) ofthe Railroad Unemployment Insurance Act contains a substantially

similar definition.

Section 202.15 ofthe Board's regulations establishes the criteria used in determining

whether an organization is a railway labor organization which is national in scope within

the terms ofsections i(a)(i)(v) and i(a) ofthe Acts. Section 202.15(a) states that an 

organization will be presumed to be a labor organization national in scope and formed

in accordance with the Railway Labor Act ifthat organization has a right to participate

in the selection ofthe labor members ofthe National Railroad Adjustment Board.

Coverage begins with the date on which a right to participate has been established. For

purposes of a determination under section 202.15(a), a right of participation may be 

established 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) ofthe Railway

Labor Act, as amended [citation omitted], to be qualified to participate in

the selection of labor members ofthe National Railroad Adjustment

Board: or

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BA#8902
Brotherhood of Locomotive Engineers and Trainmen,

a Division ofthe Rail Conference ofthe International Brotherhood of Teamsters

Brotherhood of Locomotive Engineers

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

(a)(i) or (2) ofthis section, as having the right to participate in the

selection of labor members ofthe National Railroad Adjustment Board.

The Brotherhood of Locomotive Engineers and Trainmen will retain the bylaws ofthe

Brotherhood of Locomotive Engineers, and accordingly will retain the right to

participate in the selection of labor members ofthe National Railroad Adjustment

Board, and will not lose any ofthe essential criteria formerly possessed by the

Brotherhood of Locomotive Engineers which made the latter a railway labor

organization under the Acts. Further, it does not appear that the International

Brotherhood of Teamsters would acquire any ofthose characteristics as a result ofthe

merger so as to make it subject to the Acts.

In addition, it is clear from the Merger Agreement that the Brotherhood of Locomotive 

Engineers and Trainmen is designated the successor to the Brotherhood of Locomotive 

Engineers with respect to the responsibility to negotiate and administer collective 

bargaining agreements for and to represent the interests oflocomotive engineers,

trainmen, and related operating personnel within the United States. See, e.g., sections

3.1, 3.2, 4.1 and 4.2 ofthe Merger Agreement. It is apparent from the terms ofthe

Merger Agreement that the Brotherhood of Locomotive Engineers and Trainmen is a

railway labor organization under the Board’s regulations. See 20 CFR 202.15(b).

Accordingly, the Board holds that the Brotherhood of Locomotive Engineers and

Trainmen, a division ofthe International Brotherhood ofTeamsters, became an

employer under the Acts as ofJanuary 1, 2004. Coverage ofthe Brotherhood of

Locomotive Engineers is terminated as ofthat date.

The Brotherhood of Locomotive Engineers and Trainmen may retain the B.A. number,

8902, formerly used by the Brotherhood of Locomotive Engineers.

Michael S. Schwartz

V. M. Speakman, Jr.