EMPLOYER STATUS DETERMINATION

Soo Line Locomotive and Car Foremen's Association

This is the determination of the Railroad Retirement Board

concerning the status of Soo Line Locomotive and Car Foremen's

Association (SLL), as an employer under the Railroad Retirement Act

(45 U.S.C. § 231 et sea.) and the Railroad Unemployment Insurance

Act (45 U.S.C. §351 et seg.).

Information regarding SLL was provided by John Younger, Recording

Secretary/Financial Secretary Treasurer of SLL. SLL was organized

June 7, 1995, as an independent association which represents

foremen in the locomotive and car departments of CP Rail/Soo Line

Railroad, an employer under the Acts. The purpose of the

organization is "to promote freedom of association for mutual

welfare and advancement of our Supervisors/Foreman class in order

to secure for us superior benefits and privileges from the CP

Rail/Soo Line Railroad." SLL has 54 members. Membership dues are

$40.00 per month. Salaries of $250.00 per month are paid to the

President and to the Recording Secretary/Financial Secretary

Treasurer of SLL. SLL has not participated in the selection of

labor members of the National Railroad Adjustment Board and has not

been found to be qualified to participate in the selection of labor 

members of the National Railroad Adjustment Board. Mr. Younger

states that "It is unknown at this time if [SLL] is recognized by

all other organization [s] to have this right. As stated above,

[SLL] is an independent association only representing foremen on

Soo Line property."

Section 1 (a) (v) of the 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 of the Railway Labor Act. Section 1(a) of the

Railroad Unemployment Insurance Act contains a substantially

similar definition.

Section 202.15 of the 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) of the 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 if that organization has a right to participate in the

selection of the labor members of the 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:

(i) the organization has in fact participated in

such selection;

BCD 1996-52
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Soo Line Locomotive and Car Foremen's Association

(ii) the organization has been found by a threemember board appointed pursuant to section 3 "First" (f)

of the Railway Labor Act [citation omitted] 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.

Based on the information provided by Mr. Younger, it is clear that

SLL does not meet the criteria provided in section 202.15 of the

Board's regulations for a railway labor organization national in

scope in that SLL is a local independent organization which does

not have the right to participate in the selection of the labor

members of the National Railroad Adjustment Board.

Accordingly, it is the decision of the Board that SLL is not an

employer under the Railroad Retirement Act or the Railroad 

Unemployment Insurance Act.

Jerome F. Kever