B.C.D. 01-86 DEC 0 4 2001

EMPLOYER STATUS DETERMINATION

Trans-Mark Associates, Inc.

RMW Ventures, L.L.C.

American Maintenance & Training, Inc.

This is the decision of the Railroad Retirement Board regarding the 

status of Trans-Mark Associates, Inc., RMW Ventures, L.L.C., and

American Maintenance & Training, Inc., as employers under the

Railroad Retirement and Railroad Unemployment Insurance Acts.

Trans-Mark was incorporated September 18, 1997, and first paid 

compensation to employees January 9, 1998. Trans-Mark provides

consulting services to state and municipal governments, manufacturing 

entities, machinery brokers, recycling concerns, agri-business concerns,

small railroads and other transportation concerns, and individuals. 

Services provided include help in development ofstart-up business 

plans, assistance with planning for specific transportation, accounting

services, and brokerage of engineering services. Trans-Mark provides

services to C & NC Railroad Corporation, Maumee & Western Railroad

Corporation, and Wabash Central Railroad Corporation, all employers

under the Acts (B.A. Nos. 2374, 2375, and 2376, respectively). The

average percentage of Trans-Mark’s gross revenues generated by

business with these companies is 15.8, 19.8, and 8.2, respectively.

Trans-Mark is owned by Spencer Wendelin.

American Maintenance was incorporated September 9, 1997, and first

paid compensation to employees April 24, 1998. American Maintenance

provides services to federal, state, and local government entities, 

industrial and agri-business firms, and railroads. Services provided

include maintenance and repair of large machinery; training of

individuals and groups in the operation of various types of large

equipment and in equipment safety training; construction work and

consulting assistance, including the specialized movement of large

items such as machinery and fixed structures, such as bridges; and the

disassembly of large machinery. American Maintenance provides
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Trans-Mark Associates, Inc.

RMW Ventures, L.L.C.

American Maintenance & Training, Inc.

services to C & NC Railroad Corporation, Maumee & Western Railroad

Corporation, and Wabash Central Railroad Corporation. The average

percentage of gross revenues generated by business with these

companies is 10.8, 24.6, and 10.2, respectively. American Maintenance 

is owned by Wurmwood Trust, Charles Hambley, Jr., and William

Hambley, co-trustees.

RMW was formed April 28, 1997. It is reported to have no employees.

RMW leases real estate and other assets to short line railroads and

other companies. RMW leases real estate to C & NC Railroad

Corporation, Maumee & Western Railroad Corporation, and Wabash

Central Railroad Corporation. The percent of business time spent doing

business with rail carriers is under 10 percent. Approximately 75

percent of RMW’s revenue is received from property leases, a portion of

which is attributable to railroad lessees. RMW is owned by 12 different

parties, including individuals, joint holders, and others.

Section 1(a)(1) of the Railroad Retirement Act (45 U.S.C. § 231(a)(1)),

insofar as relevant here, defines a covered employer as:

(i) any carrier by railroad subject to the jurisdiction of

the Surface Transportation Board under Part A of subtitle

IV of title 49, United States Code;

(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 (except trucking service, casual service, and the

casual operation of equipment or facilities) in connection

with the transportation of passengers or property by railroad

* * *
Trans-Mark Associates, Inc.

RMW Ventures, L.L.C.

American Maintenance & Training, Inc.

Sections 1(a) and 1(b) of the Railroad Unemployment Insurance Act (45

U.S.C. §§ 351(a) and (b)) contain substantially similar definitions, as

does section 3231 of the Railroad Retirement Tax Act (26 U.S.C. §

3231).

Trans-Mark, American Maintenance, and RMW all provide services to

carriers covered under the Acts. However, there is no evidence in the

record which contradicts the information submitted that these

companies are not affiliated with any carriers. Accordingly, the Board

finds that Trans-Mark, American Maintenance, and RMW are not

employers under the Railroad Retirement and Railroad Unemployment

Insurance Acts.

V. M. Speakman, Jr.