EMPLOYER STATUS DETERMINATION

The Chicago Car Interchange Bureau

This is the decision of the Railroad Retirement Board regarding the

status of the Chicago Car Interchange Bureau (CCIB) as an employer

under the Railroad Retirement and Railroad Unemployment Insurance

Acts.

CCIB is an association which was organized on May 24, 1911. It was

once affiliated with Western Railroad Association (BA No. 7234).

According to information provided by Mr. Walter Helmus, Jr.,

Superintendent of Interchange for CCIB, this affiliation terminated

August 1, 1995. The CCIB is currently affiliated with Railway

Publication Services (this organization is not an employer covered

by the Acts). Mr. Helmus describes CCIB's nature and purpose as

follows:

to promote the development, establishment, or expansion

of the railroad industry by supervising the interchange

inspection of cars, trailers and other detail assigned to

it, within the districts of Chicago and vicinity * * *

There are currently ten members on the Board of Directors of CCIB;

more than half of them are from covered employers. These ten

directors also comprise the T.O.F.C./C.O.F.C. Interchange

Committee1. According to the Constitution of the CCIB, the

T.O.F.C./C.O.F.C. Interchange Committee has general supervision

over matters pertaining to the operation of the CCIB.

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

§ 231(1) (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 (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 * * *.

(iv) any railroad association, traffic association,

tariff bureau, demurrage bureau, weighing and inspecting

1 T.O.F.C. means "Trailer on Flat Car"; C.O.F.C. means

"Container on Flat Car."

BCD 1996-62

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bureau, collection agency, and any other association,

bureau, agency, or organization which is controlled and

maintained wholly or principally by two or more employers

as defined in paragraph (i) , (ii) , or (iii) of this

subdivision and which is engaged in the performance of

services in connection with or incidental to railroad

transportation * * * .

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).

The evidence here, consisting of the Constitution and Rules of the

CCIB, indicates that six of the ten members of the Board of

Directors and T.O.F.C./C.O.F.C. Interchange Committee represent

participating railroads. Accordingly, the evidence establishes

that the CCIB is "controlled and maintained wholly or principally

by two or more railroads" within the meaning of section 1(a) (i) (iv)

of the RRA. Moreover, in the opinion of the Board, supervising the

interchange inspections of cars and trailers is a service in

connection with or incidental to railroad transportation.

Accordingly, it is the determination of the Board that the Chicago

Car Interchange Bureau is an employer under the Acts, effective

August 1, 1995.

Glen L. Bower

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