r/title-45-RAILROADS wiki — defined terms

“Adjustment Board” applies throughout its chapter

The term “Adjustment Board” means the National Railroad Adjustment Board created by this chapter. Third.

“carrier” applies throughout its chapter

The term “carrier” includes any railroad subject to the jurisdiction of the Surface Transportation Board, any express company that would have been subject to subtitle IV of title 49, as of December 31, 1995 ,, 1 and any company which is directly or indirectly owned or controlled by or under common control with any carrier by railroad and which operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation, receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, and handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in …

“commerce” applies throughout its chapter

The term “commerce” means commerce among the several States or between any State, Territory, or the District of Columbia and any foreign nation, or between any Territory or the District of Columbia and any State, or between any Territory and any other Territory, or between any Territory and the District of Columbia, or within any Territory or the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign nation. Fifth.

“court of appeals” applies throughout its chapter

the term “court of appeals” includes the United States Court of Appeals for the District of Columbia. This chapter may be cited as the “Railway Labor Act.”

“district court” applies throughout its chapter

The term “district court” includes the United States District Court for the District of Columbia; and

“Mediation Board” applies throughout its chapter

The term “Mediation Board” means the National Mediation Board created by this chapter. Fourth.

“representative” applies throughout its chapter

The term “representative” means any person or persons, labor union, organization, or corporation designated either by a carrier or group of carriers or by its or their employees, to act for it or them. Seventh.

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate.

“annuity” applies throughout its subchapter

The term “annuity” means a monthly sum which is payable on the first day of each calendar month for the accrual during the preceding calendar month.;

“Board” applies throughout its subchapter

The term “Board” means the Railroad Retirement Board.;

“calendar quarter” applies throughout its subchapter

The terms “quarter” and “calendar quarter” shall mean a period of three calendar months ending on March 31, June 30, September 30, or December 31. (r) For purposes of this subchapter, a person shall be considered to be permanently insured under the Social Security Act [ 42 U.S.C. 301 et seq.] on December 31, 1974 , if he or she would be fully insured within the meaning of section 214(a) of that Act [ 42 U.S.C. 414(a) ] when he or she attains age 62 solely on the basis of his or her quarters of coverage under that Act acquired prior to January 1, 1975 .

“company” applies throughout its subchapter

The term “company” includes corporations, associations, and joint-stock companies.;

“compensation” applies throughout its subchapter

The term “compensation” means any form of money remuneration paid to an individual for services rendered as an employee to one or more employers or as an employee representative, including remuneration paid for time lost as an employee, but remuneration paid for time lost shall be deemed earned in the month in which such time is lost. A payment made by an employer to an individual through the employer’s payroll shall be presumed, in the absence of evidence to the contrary, to be compensation for service rendered by such individual as an employee of the employer in the period with respect to which the payment is made.

“employee” applies throughout its subchapter

The term “employee” means (i) any individual in the service of one or more employers for compensation, (ii) any individual who is in the employment relation to one or more employers, and (iii) an employee representative: Provided, however , That

“employee representative” applies throughout its subchapter

The term “employee representative” means any officer or official representative of a railway labor organization other than a labor organization included in the term “employer” as defined in subsection (a) who before or after August 29, 1935 , was in the service of an employer as defined in subsection (a) and who is duly authorized and designated to represent employees in accordance with the Railway Labor Act, as amended [ 45 U.S.C. 151 et seq.], and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office.

“employer” applies throughout its subchapter

The term “employer” shall include— (i) any carrier by railroad subject to the jurisdiction of the Surface Transportation Board under part A of subtitle IV of title 49; (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, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property …

“person” applies throughout its subchapter

The term “person” means an individual, a partnership, an association, a joint-stock company, a corporation, or the United States or any other governmental body. (m) The term “United States,” when used in a geographical sense, means the States and the District of Columbia.;

“quarter” applies throughout its subchapter

The terms “quarter” and “calendar quarter” shall mean a period of three calendar months ending on March 31, June 30, September 30, or December 31. (r) For purposes of this subchapter, a person shall be considered to be permanently insured under the Social Security Act [ 42 U.S.C. 301 et seq.] on December 31, 1974 , if he or she would be fully insured within the meaning of section 214(a) of that Act [ 42 U.S.C. 414(a) ] when he or she attains age 62 solely on the basis of his or her quarters of coverage under that Act acquired prior to January 1, 1975 .

“Social Security Act” applies throughout its subchapter

The term “Social Security Act” means the Social Security Act as amended [ 42 U.S.C. 301 et seq.] from time to time. (o) An individual shall be deemed to have “a current connection with the railroad industry” at the time an annuity begins to accrue to him and at death if, in any thirty consecutive calendar months before the month in which an annuity under this subchapter begins to accrue to him, or the month in which he dies if that first occurs, he will have been in service as an employee in not less than twelve calendar months and, if such thirty calendar months do not immediately precede such month, he will not have been engaged in any regular employment other than employment for an …

“years of service” applies throughout its subchapter

The term “years of service” shall mean the number of years an individual as an employee shall have rendered service to one or more employers for compensation or received remuneration for time lost, and shall be computed in accordance with the provisions of section 231b(i) of this title . Twelve calendar months, consecutive or otherwise, in each of which an employee has rendered such service or received such wages for time lost, shall constitute a year of service. Ultimate fractions shall be taken at their actual value.

“spouse” applies throughout its subchapter

the term “spouse” shall mean the wife or husband of an annuitant under subsection (a)(1) who (i) was married to such annuitant for a period of not less than one year immediately preceding the day on which the application for a spouse’s annuity is filed, or in the month prior to his or her marriage to such annuitant was eligible for an annuity under paragraph (i) or (iv) of subsection (d)(1) or, on the basis of disability, under paragraph (iii) thereof, or is the parent of such annuitant’s son or daughter; and (ii) in the case of a husband, was receiving at least one-half of his support from his wife at the time his wife’s annuity under subsection (a)(1) began.

“combined earnings” applies in that section

the term “combined earnings” shall include “compensation” as defined in section 1(h) of the Railroad Retirement Act of 1937 [ 45 U.S.C. 228a(h) ], “wages” as defined in section 209 of the Social Security Act [ 42 U.S.C. 409 ], and “self-employment” income as defined in section 211(b) of the Social Security Act [ 42 U.S.C. 411(b) ].

“social security equivalent benefits” applies in that section

the term “social security equivalent benefits” means benefits payable under this subchapter which are of a kind taken into account in determining the amount of transfers made under section 231f(c)(2) of this title .

“account benefits ratio” applies in that section

the term “account benefits ratio” has the meaning given that term in section 3241(c) of the Internal Revenue Code of 1986 [ 26 U.S.C. 3241(c) ].

“account” applies throughout its chapter

The term “account” means the railroad unemployment insurance account established pursuant to section 360 of this title in the unemployment trust fund.;

“base year” applies throughout its chapter

The term “base year” means the completed calendar year immediately preceding the beginning of the benefit year.;

“benefit year” applies throughout its chapter

The term “benefit year” means the twelve-month period beginning July 1 of any year and ending June 30 of the next year, except that a registration period beginning in June and ending in July shall be deemed to be in the benefit year ending in such month of June.;

“Board” applies throughout its chapter

The term “Board” means the Railroad Retirement Board. (s) The term “United States”, when used in a geographical sense, means the States and the District of Columbia.;

“carrier” applies throughout its chapter

The term “carrier” means a railroad subject to the jurisdiction of the Surface Transportation Board under part A of subtitle IV of title 49.;

“company” applies throughout its chapter

The term “company” includes corporations, associations, and joint-stock companies. (d) The term “employee” (except when used in phrases establishing a different meaning) means any individual who is or has been (i) in the service of one or more employers for compensation, or (ii) an employee representative.

“compensation” applies throughout its chapter

The term “compensation” means any form of money remuneration, including pay for time lost but excluding tips, paid for services rendered as an employee to one or more employers, or as an employee representative, except that in computing the compensation paid to any employee, no part of any month’s compensation in excess of the monthly compensation base (as defined in subdivision (2)) for any month shall be recognized. Solely for the purpose of determining the compensation received by an employee in a base year,

“employee” applies throughout its chapter

The term “employee” shall include an employee of a local lodge or division defined as an employer in subsection (a) only if he was in the service of a carrier on or after August 29, 1935 .

“employee representative” applies throughout its chapter

The term “employee representative” means any officer or official representative of a railway labor organization other than a labor organization included in the term employer as defined in subsection (a) who before or after August 29, 1935 , was in the service of an employer as defined in said subsection and who is duly authorized and designated to represent employees in accordance with the Railway Labor Act [ 45 U.S.C. 151 et seq.], and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office.;

“employer” applies throughout its chapter

The term “employer” means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, 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, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the …

“employment” applies throughout its chapter

The term “employment” means service performed as an employee. For the purposes of determining eligibility for and the amount of benefits and the amount of contributions due pursuant to this chapter, employment after June 30, 1940 , in the service of a local lodge or division of a railway-labor-organization employer or as an employee representative shall be disregarded.

“employment office” applies throughout its chapter

The term “employment office” means a free employment office operated by the Board, or designated as such by the Board pursuant to section 362(i) of this title .;

“fund” applies throughout its chapter

The term “fund” means the railroad unemployment insurance administration fund, established pursuant to section 361 of this title in the unemployment trust fund.;

“monthly compensation base” applies throughout its chapter

the term “monthly compensation base” means the amount— (i) of $400 for calendar months before January 1, 1984 ; (ii) of $600 for calendar months after December 31, 1983 and before January 1, 1989 ; and (iii) computed under subparagraph (B) for months after December 31, 1988 .

“registration period” applies throughout its chapter

The term “registration period” means, with respect to any employee, the period which begins with the first day for which such employee registers at an employment office in accordance with such regulations as the Board may prescribe, and ends with whichever is the earlier of (i) the thirteenth day thereafter, or (ii) the day immediately preceding the day for which he next registers at a different employment office; and thereafter each period which begins with the first day for which he next registers at an employment office after the end of his last preceding registration period which began with a day for which he registered at an employment office and ends with whichever is the earlier of …

“remuneration” applies throughout its chapter

The term “remuneration” means pay for services for hire, including pay for time lost, and tips, but pay for time lost shall be deemed earned on the day on which such time is lost.

“State” applies throughout its chapter

The term “State” means any of the States or the District of Columbia. (u) Any reference in this chapter to any other Act of Congress, including such reference in amendments to other Acts, includes a reference to such other Act as amended from time to time.

“statement of sickness” applies throughout its chapter

The term “statement of sickness” means a statement with respect to days of sickness of an employee, executed in such manner and form by an individual duly authorized pursuant to section 362(i) of this title to execute such statements, and filed as the Board may prescribe by regulations.;

“subsidiary remuneration” applies in that section

the term “subsidiary remuneration” means, with respect to any employee, remuneration not in excess of an average of $15 a day for the period with respect to which such remuneration is payable or accrues, if the work from which the remuneration is derived (i) requires substantially less than full time as determined by generally prevailing standards, and (ii) is susceptible of performance at such times and under such circumstances as not to be inconsistent with the holding of normal full-time employment in another occupation.

“period of continuing unemployment” applies in that section

the term “period of continuing unemployment” means— (I) a single registration period that includes more than 4 days of unemployment; (II) a series of consecutive registration periods, each of which includes more than 4 days of unemployment; or (III) a series of successive registration periods, each of which includes more than 4 days of unemployment, if each succeeding registration period begins within 15 days after the last day of the immediately preceding registration period.

“individual employer record” applies in that section

the term “individual employer record” means a record of an individual employer’s benefit ratio, reserve ratio, 1-year compensation base, 3-year compensation base, unallocated charge, reserve balance, net cumulative contribution balance, and cumulative benefit balance. (18) Joint employer records Pursuant to regulations prescribed by the Board, the Board may allow 2 or more employers, upon application, to establish and maintain, or to discontinue, a joint individual employer record for such employers as though such joint record constituted a single employer’s individual employer record.

“employee amount” applies in that section

The term “employee amount” means any amount paid from a State unemployment fund to the Unemployment Trust Fund which would not have been required to be paid, under the provisions of section 363(c) of this title , if said section had not required payment of amounts based on contributions collected from employees.;

“employees” applies in that section

The term “employees” has the same meaning as in the Railroad Unemployment Insurance Act [ 45 U.S.C. 351 et seq.].

“Unemployment Trust Fund” applies in that section

The term “Unemployment Trust Fund” means the fund established by section 1104 of title 42 .;

“restructuring” applies in that section

the term “restructuring” includes an employee ownership plan or an employee-shipper ownership plan. (d) Interest rate; date of maturity; other terms and conditions A certificate under this chapter shall bear interest at such per annum rate as the Secretary deems reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the Federal Government; nor may its maturity date, including all extensions and renewals thereof, be later than fifteen years from the date of original issuance. The Secretary may prescribe such other terms and conditions as he deems appropriate.

“Corporation” applies in that section

the term “Corporation” includes a subsidiary of the Corporation. (h) Loans for payment of obligations (1) (A) The Association is authorized, subject to the limitations set forth in section 720(b) of this title , to enter into loan agreements, in amounts not to exceed, at any given time, $350,000,000 in the aggregate principal amount, with the Corporation, the National Railroad Passenger Corporation, and any profitable railroad to which rail properties are transferred or conveyed pursuant to section 743(b)(1) of this title , under which the Corporation, the National Railroad Passenger Corporation, and any profitable railroad entering into such agreement will agree to meet existing or …

“person” applies in that section

the term “person” includes each of the following: (i) the trustee or trustees of the plan, the Corporation and its subsidiaries, ConRail Equity Corporation, the Association, and any of their successors and assigns; (ii) each director, officer, employee and agent of the Corporation of 3 any of its subsidiaries, of ConRail Equity Corporation, of the plan, of the Association or of any of their successors and assigns; and (iii) each member of the Finance Committee and any of their employees and agents. (D) Neither this paragraph nor paragraph (9) of this subsection shall be construed to grant immunity from any criminal law of the United States or of any State or the District of Columbia.

“railroad in reorganization” applies throughout its chapter

the term “railroad in reorganization” includes any railroad which is controlled by a railroad in reorganization but is not itself subject to a bankruptcy proceeding, if such railroad conveyed substantially all of its rail properties to the Corporation pursuant to paragraph (1) of this subsection and conducted operations over such rail properties prior to the date of such conveyance.

“railroad rolling stock” applies in that section

the term “railroad rolling stock” means assets which could be carried in Interstate Commerce Commission account numbers 52, 53, 54, and 57. (B) Subject to the provisions of this paragraph, the provisions of this chapter shall not affect the title and interests of any lessor, equipment trust trustee, or conditional sale vendor under any conditional sale agreement, equipment trust agreement, or lease under section 77(j) of the Bankruptcy Act.

“additional rail passenger service” applies in that section

the term “additional rail passenger service” means rail passenger service (other than rail passenger service provided pursuant to the provisions of paragraphs (2) and (4) of this subsection), including extended or expanded service and modified routings, which is to be provided over rail properties conveyed to the Corporation pursuant to section 743(b)(1) of this title , or over (i) rail properties contiguous thereto conveyed to the National Railroad Passenger Corporation pursuant to this chapter, or (ii) any other rail properties contiguous thereto to which a State (or local or regional transportation authority) has obtained access.

“fair and equitable” applies in that section

the term “fair and equitable” means fair and equitable, in accordance with the standards applicable to the approval of a plan of reorganization (or a step in such plan) under section 77 of the Bankruptcy Act 1 to— (1) the estates of railroads in reorganization in the region and persons leased, operated, or controlled by such railroads who have conveyed rail properties, under section 743(b)(1) of this title , in exchange for securities of the Corporation, the Association, or profitable railroads and other benefits provided as a consequence of this chapter and to any subsequent holders of such securities at the time of the supplemental transaction involved; and (2) the holders of other …

“rail properties” applies in that section

the term “rail properties” includes all rights with respect to employee benefit plans transferred and assigned to the Corporation pursuant to section 743(b)(6) of this title . Net liquidation value with respect to such rights shall be determined after taking into account all obligations finally transferred or assigned to the Corporation pursuant to such section.

“bankruptcy court” applies throughout its chapter

the term “bankruptcy court” means the court having jurisdiction over the reorganization of the Milwaukee Railroad;

“Board” applies throughout its chapter

the term “Board” means the Railroad Retirement Board;

“Commission” applies throughout its chapter

the term “Commission” means the Interstate Commerce Commission;

“employee” applies throughout its chapter

the term “employee”— (A) includes any employee of the Milwaukee Railroad who worked on a line of such railroad the sale of which became effective on October 1, 1979 ; but (B) does not include any individual serving as president, vice-president, secretary, treasurer, comptroller, counsel, member of the board of directors, or any other person performing such functions;

“Milwaukee Railroad” applies throughout its chapter

the term “Milwaukee Railroad” means the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; and;

“restructured Milwaukee Railroad” applies throughout its chapter

the term “restructured Milwaukee Railroad” means the entity that is designated as the reorganized railroad under the reorganization plan for the Milwaukee Railroad finally certified by the Commission.

“expenses” applies in that section

the term “expenses” means actual expenses paid for room, board, tuition, fees, or educational material in an amount not to exceed $3,000; and;

“qualified institution” applies in that section

the term “qualified institution” means an educational institution accredited for payment by the Veterans’ Administration under chapter 36 of title 38, or a State-accredited institution which has been in existence for not less than two years.

“Rock Island Railroad” applies throughout its chapter

the term “Rock Island Railroad” means the Chicago, Rock Island and Pacific Railroad Company, the estate of such Company in its reorganization proceeding, or the trustee appointed in such proceeding; and;

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Transportation.

“expenses” applies in that section

the term “expenses” means actual, reasonable expenses paid for room, board, tuition, fees, or educational material in an amount not to exceed $3,000; and;

“qualified institution” applies in that section

the term “qualified institution” means an educational institution accredited for payment by the Veterans’ Administration under chapter 36 of title 38, or a State-accredited institution which has been in existence for not less than 2 years.

“capital expenditures” applies throughout its chapter

the term “capital expenditures” means amounts expended by the Corporation and its subsidiaries for replacement or rehabilitation of, or enhancements to, the railroad plant, property, trackage, and equipment of the Corporation and its subsidiaries, as determined in accordance with generally accepted accounting principles, and in interpreting generally accepted accounting principles, no amount spent on normal repair, maintenance, and upkeep of such railroad plant, property, trackage, and equipment in the ordinary course of business shall constitute capital expenditures;

“Commission” applies throughout its chapter

the term “Commission” means the Interstate Commerce Commission;

“consolidated funded debt” applies throughout its chapter

the term “consolidated funded debt” means the aggregate, after eliminating intercompany items, of all funded debt of the Corporation and its consolidated subsidiaries, consolidated in accordance with generally accepted accounting principles;

“consolidated tangible net worth” applies throughout its chapter

the term “consolidated tangible net worth” means the market value of the common equity of the Corporation as of the sale date, plus or minus the change from the sale date to the date of measurement in the excess, after making appropriate deductions for any minority interest in the net worth of subsidiaries, of— (A) the assets of the Corporation and its subsidiaries (excluding intercompany items) which, in accordance with generally accepted accounting principles, are tangible assets, after deducting adequate reserves in each case where, in accordance with generally accepted accounting principles, a reserve is proper, over (B) all liabilities of the Corporation and its subsidiaries (excluding …

“Corporation” applies throughout its chapter

the term “Corporation” means the Consolidated Rail Corporation;

“cumulative net income” applies throughout its chapter

the term “cumulative net income” means, for any period, the net income of the Corporation and its consolidated subsidiaries as determined in accordance with generally accepted accounting principles, before provision for expenses (net of income tax effect) related to— (A) amounts paid by the Corporation under section 4024(e), and comparable payments made to present and former employees of the Corporation not covered by such section; and (B) the aggregate value of any shares and cash distributed by the Corporation under section 4024(f);

“debt” applies throughout its chapter

the term “debt” means (A) indebtedness, whether or not represented by bonds, debentures, notes, or other securities, for the repayment of money borrowed, (B) deferred indebtedness for the payment of the purchase price of property or assets purchased, (C) guarantees, endorsements, assumptions, and other contingent obligations in respect of, or to purchase or to otherwise acquire, indebtedness of others, and (D) indebtedness secured by any mortgage, pledge, or lien existing on property owned, subject to such mortgage, pledge, or lien, whether or not indebtedness secured thereby shall have been assumed;

“funded debt” applies throughout its chapter

the term “funded debt” means all debt created, assumed, or guaranteed, directly or indirectly, by the Corporation and its subsidiaries which matures by its terms, or is renewable at the option of the Corporation or any such subsidiary to a date, more than 1 year after the date of the original creation, assumption, or guarantee of such debt by the Corporation or such subsidiary;

“liabilities” applies throughout its chapter

the term “liabilities” means all items of indebtedness or liability which, in accordance with generally accepted accounting principles, would be included in determining total liabilities as shown on the liabilities side of a balance sheet as at the date as of which liabilities are to be determined;

“person” applies throughout its chapter

the term “person” means an individual, corporation, partnership, association, trust, or other entity or organization, including a government or political subdivision thereof or a governmental body;

“preferred stock” applies throughout its chapter

the term “preferred stock” means any class or series of preferred stock, and any class or series of common stock having liquidation and dividend rights and preferences superior to the common stock of the Corporation offered for sale under section 1312 of this title ;

“public offering” applies throughout its chapter

the term “public offering” means an underwritten offering to the public of such common stock of the Corporation as the Secretary of Transportation determines to sell under section 1312 of this title ;

“sale date” applies throughout its chapter

the term “sale date” means the date on which the initial public offering is closed;

“subsidiary” applies throughout its chapter

the term “subsidiary” means any corporation more than 50 percent of whose outstanding voting securities are directly or indirectly owned by the Corporation; and;

“United States share” applies throughout its chapter

the term “United States share” means a share of common stock of the Corporation held by the United States Government on October 21, 1986 , or as a result of any split required pursuant to section 1312(d) of this title .

“railroad” applies in that section

the term “railroad” means a class I railroad as determined by the Commission under the definition in effect on October 21, 1986 , and includes any entity controlling, controlled by, or under common control with any railroad (other than the Corporation or its subsidiaries).

“Conrail” applies in that section

The term “Conrail” means the Consolidated Rail Corporation. Such term includes any corporation which was a subsidiary of Conrail immediately before the public sale. (2) Public sale

“public sale” applies in that section

The term “public sale” means the sale of stock in Conrail pursuant to a public offering under the Conrail Privatization Act [ 45 U.S.C. 1301 et seq.]. If there is more than 1 public offering under such Act, such term means the sale pursuant to the initial public offering under such Act. (3) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Treasury or his delegate.