EMPLOYER STATUS DETERMINATION

Camp Chase Industrial Railroad

This is the determination of the Railroad Retirement Board

concerning the status of Camp Chase Industrial Railroad (CCIR) as

an employer under the Railroad Retirement Act (45 U.S.C. §231 et

sea.) (RRA) and the Railroad Unemployment Insurance Act (45 U.S.C.

§351 et sec.) (RUIA).

Information about CCIR was provided in a letter dated December 2,

1994, from Mr. Dennis E. Larson, Vice President, General Manager,

and General Counsel of CCIR. In Interstate Commerce Commission

(ICC) Finance Docket No. 32581, CCIR was granted an exemption to

acquire from Conrail all rail properties presently known as the

Camp Chase Industrial Track. According to Mr. Larson, this

property is 14 miles long, running from Columbus/Camp Chase, Ohio

to Lilly Chapel, Ohio. CCIR began operations on October 11, 1994,

and has two employees who were first compensated for services

performed on that date. Mr. Larson described CCIR as anticipating

approximately 2,500 car loads of traffic annually. The CCIR is a

switch carrier only, and interchanges directly with Conrail.

Conrail also serves as an intermediate switch carrier between the

CCIR and the CSXT and Norfolk Southern in Columbus.

Section 1(a)(1) of the Railroad Retirement Act (RRA) (45 U.S.C.

§ 231(a)(1)), insofar as relevant here, defines a covered employer

as :

(i) any express company, sleeping-car company, and

carrier by railroad, subject to subchapter I of chapter

105 of Title 49;

(ii) any company which is directly or indirectly

owned or controlled by, or under common control with one

or more employers as defined in paragraph (i) of this

subdivision and which operates any equipment or facility

or performs any service (other than trucking service,

casual service, and the casual operation of equipment and

facilities) in connection with the transportation of

passengers or property by railroad * * *.

Section 1(a) of the Railroad Unemployment Insurance Act (RUIA) (45

U.S.C. § § 351(a) contains substantially similar definitions.

The term "railroad" under the Interstate Commerce Act includes a

switch, spur, track, terminal, or terminal facility as well as a

freight depot, yard, and ground used or necessary for

transportation (49 U.S.C. §10102(21)(C)). It is well settled that

a terminal or switching company is a common carrier rather than a

private carrier if it holds itself out to be one, acts in that

capacity, and is dealt with in that capacity by railroads in

general. U.S. v. California. 297 U.S. 175 (193 6) . Consistent with

this, the Board has held terminal railroads to be covered employers

under the RRA and RUIA where they act in the capacity of a common

carrier subject to part I of the Interstate Commerce Act.

BCD 1995-41 BA # 3387
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Camp Chase Industrial Railroad

Conversely, where switching operations are conducted by a plant

owner for itself, these operations do not result in the plant

owner's being a covered employer under the Acts.

It is clear from the information contained in the file that CCIR is

holding itself out to the public as engaging in the business of

transporting people or property over Camp Chase Industrial Track.

CCIR owns the trackage involved. Therefore, in view of the

foregoing, it is the determination of the Board that CCIR is an

employer under the Railroad Retirement and Railroad Unemployment

Insurance Acts effective October 11, 1994, the date it began

operations.

Glen L. Bower

'6rome F. Kever