B'.C.D. 00-29

EMPLOYER STATUS DETERMINATION AUG 0 7 2000

Association of Commuter Rail Employees (ACRE)

This is the determination of the Railroad Retirement Board concerning the

status of the Association of Commuter Rail Employees (ACRE) as an employer

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

Railroad Unemployment Insurance Act (45 U.S.C. §351 el seq.) (RUIA).

The status ofthis Association as an employer under the Acts has not been

previously determined.

Information in response to a coverage investigation regarding ACRE was

obtained in May, 2000 from Mr. John Gaines, Acting Director ofACRE.

According to the information submitted by Mr. Gaines, ACRE was organized

March 1, 2000 and was established for the purpose of promoting the interests of

passenger railroad employees. ACRE is comprised of an Executive Board and

subordinate locals. Mr. Gaines stated that ACRE represents approximately 744

Conductors and Assistant Conductors, 300 Engineers, 71 Rail Traffic

Controllers/Dispatchers, 37 Yardmasters, and 20 Power Supervisors. At this

time, all members ofACRE are employed by MTA Metro North Railroad, and

all members are active, full-time employees in the railroad industry.

Mr. Gaines stated that presently, ACRE governs contracts covering working

conditions and wages of all ofits members. Lastly, Mr. Gaines stated that there

are no imminent plans to expand ACRE’S representation to other carriers.

Mr. Gaines provided copies ofACRE’S constitution, as well as Certifications by

the National Mediation Board finding ACRE to be the representative of the

classes/crafts of Metro-North employees identified above.

The evidence obtained reflects that ACRE was organized March 1, 2000, 

pursuant to the provisions of the Railway Labor Act (45 U.S.C. §151 et seq.).

The business ofACRE includes making and maintaining agreements covering

rates of pay and working rules and conditions for its members, and settling

disputes arising from grievances or interpretation or application of collective

bargaining agreements. ACRE currently represents approximately 1200

members. The National Mediation Board has recognized ACRE as

representative of the crafts of locomotive engineers (27 N.M.B. No. 49),

conductors (27 N.M.B. No. 47), dispatchers (27 N.M.B. No. 50), yardmasters (27

N.M.B. No. 67), and power supervisors/directors (27 N.M.B. No. 66).

Section l(a)( 1) of the Railroad Retirement Act defines the term “employer” to

include:

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Association of Commuter Rail Employees (ACRE)

(v) any railway labor organization, national in

scope, which has been or may be organized in

accordance with the provisions of the Railway Labor

Act, as amended [45 U.S.C.A. §151 et seq.], and its State

and National legislative committees, general

committees, insurance departments, and local lodges

and divisions, established pursuant to the constitution

or bylaws of such organization. [45 U.S.C. §231(a)(l)(v)].

Section 1(a) of the Railroad Unemployment Insurance Act (45 U.S.C. §351(a)) 

contains essentially the same definition.

Section 202.15 ofthe Board’s regulations establishes the criteria used to

determine whether an organization is a “railway labor” organization which is

“national in scope” within the terms of section l(a)(l)(v) and 1(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 oflabor

members ofthe National Railroad Adjustment Board. Coverage commences

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:

(i) the organization has in fact participated in such

selection;

(ii) the organization has been found pursuant to section 3

“First” (f) of the Railway Labor Act (45 U.S.C. §153

“First” (f)) to be eligible to participate in such

selection; or

(iii) the organization is recognized by all other eligible

organizations as having the right to participate in such

selection.

Section 202.15(b) provides that a labor organization which is found to be

national in scope will be determined to be a “railway” labor organization based

on factors including the extent to which it is and has been recognized as the
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Association of Commuter Rail Employees (ACRE)

representative of crafts or classes of employees in the railroad industry, and the

extent to which its purposes and business are and have been to promote the

interests of railroad industry employees.

As a brand new labor organization, ACRE has not yet participated in the

selection oflabor members of the National Railroad Adjustment Board and has

not been formally recognized by other labor organizations as having such right.

However, in his letter to the Board’s Office ofAudit and Compliance, Mr.

Gaines expressed ACRE’S beliefthat it would be found under the provisions of

the Railway Labor Act to have the right to participate in the selection of labor

members of the National Railroad Adjustment Board. In addition, the Board

notes that ACRE’S Constitution states that membership is open to all

employees of commuter railroads. There are commuter railroads nationwide,

whose employees thus would be eligible for membership in ACRE. In addition,

the National Mediation Board has recognized ACRE as the representative of

five classes of railroad employees. Further, as the membership ofACRE

appears to consist exclusively ofrailroad employees, its primary purpose may

be said to be promotion ofthe interests of railroad industry employees. The

Board therefore finds that ACRE is a railway labor organization national in

scope within the meaning ofsection l(a)(l)(v) of the RRA and the

corresponding section ofthe RUIA.

For the reasons explained above, the Board finds that the evidence of record

establishes that the Association of Commuter Rail Employees has the essential

characteristics of a railway labor organization and meets the definition of an

“employer” under the Railroad Retirement and Railroad Unemployment

Insurance Acts effective March 1, 2000, the date on which the organization was

formed.

V. M. Speakman, Jr.