B.C.D. 01-29

MAR 2 8 2001

EMPLOYER STATUS DETERMINATION

Railway Independent Transit Union

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

Independent Transit Union (Transit Union) as an employer under the Railroad Retirement Act

(45 U.S C 231 et seep) and the Railroad Unemployment Insurance Act (45 U S C 351 et seep).

Information regarding the Transit Union was provided by Joseph Dominiczak, General President

ofthe Transit Union. The Transit Union came into existence on June 16, 2000, and on 

November 7, 2000, was certified by the National Mediation Board to represent carmen,

machinists, and electricians ofthe Port Authority Trans Hudson Corporation, an employer under

the Acts (B A. No 5219). The Port Authority employs the entire membership ofthe Transit

Union, approximately 180 members.

Section 1 (a)(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 1(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 of

sections 1 (a)(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 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 oflabor members ofthe

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

(3) It is recognized by all organizations, qualified under paragraphs (a)(1)

or (2) ofthis section, as having the right to participate in the selection oflabor

members ofthe National Railroad Adjustment Board.

As a new labor organization, the Transit Union has not yet participated in the selection oflabor 

members ofthe 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 of

Audit and Compliance, Mr. Dominiczak states that as a result ofthe Transit Union’s exclusive

BA# 8943
Railway Independent Transit Union

use of Special Boards of Adjustment to settle disputes, it has not participated in the selection

process for the labor members ofthe National Railroad Adjustment Board, but that ifthe Transit

Union invoked its right to be covered by the National Railroad Adjustment Board, it would

in BCD. 00-29, regarding the Association of Commuter Rail Employees, decided August 7,

2000, we find that the Transit Union has established that it would have the right to participate in

selection of labor members ofthe National Railroad Adjustment Board.

Accordingly, it is determined that the Transit Union is an employer under the Railroad

Retirement Act and the Railroad Unemployment Insurance Act effective with date it came into

existence, June 16, 2000.

petition the National Mediation Board to participate in that process. Consistent with our decision

V. M. Speakman, Jr.