
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC151]

 
                           TITLE 45--RAILROADS
 
                        CHAPTER 8--RAILWAY LABOR
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 151. Definitions; short title

    When used in this chapter and for the purposes of this chapter--
    First. 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 the possession of the business of any such 
``carrier'': Provided, however, That the term ``carrier'' shall not 
include any street, interurban, or suburban electric railway, unless 
such railway is operating as a part of a general steam-railroad system 
of transportation, but shall not exclude any part of the general steam-
railroad system of transportation now or hereafter operated by any other 
motive power. The Surface Transportation Board is authorized and 
directed upon request of the Mediation Board or upon complaint of any 
party interested to determine after hearing whether any line operated by 
electric power falls within the terms of this proviso. The term 
``carrier'' shall not include any company by reason of its being engaged 
in the mining of coal, the supplying of coal to a carrier where delivery 
is not beyond the mine tipple, and the operation of equipment or 
facilities therefor, or in any of such activities.
---------------------------------------------------------------------------
    \1\ So in original.
---------------------------------------------------------------------------
    Second. The term ``Adjustment Board'' means the National Railroad 
Adjustment Board created by this chapter.
    Third. The term ``Mediation Board'' means the National Mediation 
Board created by this chapter.
    Fourth. 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. The term ``employee'' as used herein includes every person in 
the service of a carrier (subject to its continuing authority to 
supervise and direct the manner of rendition of his service) who 
performs any work defined as that of an employee or subordinate official 
in the orders of the Surface Transportation Board now in effect, and as 
the same may be amended or interpreted by orders hereafter entered by 
the Board pursuant to the authority which is conferred upon it to enter 
orders amending or interpreting such existing orders: Provided, however, 
That no occupational classification made by order of the Surface 
Transportation Board shall be construed to define the crafts according 
to which railway employees may be organized by their voluntary action, 
nor shall the jurisdiction or powers of such employee organizations be 
regarded as in any way limited or defined by the provisions of this 
chapter or by the orders of the Board.
    The term ``employee'' shall not include any individual while such 
individual is engaged in the physical operations consisting of the 
mining of coal, the preparation of coal, the handling (other than 
movement by rail with standard railroad locomotives) of coal not beyond 
the mine tipple, or the loading of coal at the tipple.
    Sixth. 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. The term ``district court'' includes the United States 
District Court for the District of Columbia; and 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.''

(May 20, 1926, ch. 347, Sec. 1, 44 Stat. 577; June 7, 1934, ch. 426, 48 
Stat. 926; June 21, 1934, ch. 691, Sec. 1, 48 Stat. 1185; June 25, 1936, 
ch. 804, 49 Stat. 1921; Aug. 13, 1940, ch. 664, Secs. 2, 3, 54 Stat. 
785, 786; June 25, 1948, ch. 646, Sec. 32(a), (b), 62 Stat. 991; May 24, 
1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 104-88, title III, 
Sec. 322, Dec. 29, 1995, 109 Stat. 950; Pub. L. 104-264, title XII, 
Sec. 1223, Oct. 9, 1996, 110 Stat. 3287.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning act May 20, 1926, ch. 347, 44 Stat. 577, as amended, known as 
the Railway Labor Act, which enacted this chapter and amended sections 
225 and 348 of former Title 28, Judicial Code and Judiciary. Sections 
225 and 348 of former Title 28 were repealed by section 39 of act June 
25, 1948, ch. 646, 62 Stat. 992, section 1 of which enacted Title 28, 
Judiciary and Judicial Procedure. Section 225 of former Title 28 was 
reenacted as sections 1291 to 1294 of Title 28. For complete 
classification of this Act to the Code, see this section and Tables.

                          Codification

    Provisions of act Aug. 13, 1940, Sec. 2, similar to those comprising 
par. First of this section, limiting the term ``employer'' as applied to 
mining, etc., of coal, were formerly contained in section 228a of this 
title. Provisions of section 3 of the act, similar to those comprising 
par. Fifth of this section, limiting the term ``employee'' as applied to 
mining, etc., of coal, were formerly contained in sections 228a, 261, 
and 351 of this title, and section 1532 of former Title 26, Internal 
Revenue Code, 1939.
    As originally enacted, par. Seventh contained references to the 
Supreme Court of the District of Columbia. Act June 25, 1936 substituted 
``the district court of the United States for the District of Columbia'' 
for ``the Supreme Court of the District of Columbia'', and act June 25, 
1948, as amended by act May 24, 1949, substituted ``United States 
District Court for the District of Columbia'' for ``district court of 
the United States for the District of Columbia''.
    As originally enacted, par. Seventh contained references to the 
``circuit court of appeals''. Act June 25, 1948, as amended by act May 
24, 1949, substituted ``court of appeals'' for ``circuit court of 
appeals''.
    As originally enacted, par. Seventh contained references to the 
``Court of Appeals of the District of Columbia''. Act June 7, 1934, 
substituted ``United States Court of Appeals for the District of 
Columbia'' for ``Court of Appeals of the District of Columbia''.


                               Amendments

    1996--Par. First. Pub. L. 104-264 inserted ``, any express company 
that would have been subject to subtitle IV of title 49, as of December 
31, 1995,'' after ``Board'' the first place it appeared.
    1995--Par. First. Pub. L. 104-88, Sec. 322(1), (2), substituted 
``railroad subject to the jurisdiction of the Surface Transportation 
Board'' for ``express company, sleeping-car company, carrier by 
railroad, subject to the Interstate Commerce Act'' and ``Surface 
Transportation Board'' for ``Interstate Commerce Commission''.
    Par. Fifth. Pub. L. 104-88, Sec. 322(2), (3), substituted ``Surface 
Transportation Board'' for ``Interstate Commerce Commission'' in two 
places and ``Board'' for ``Commission'' in two places.
    1940--Act Aug. 13, 1940, inserted last sentence of par. First, and 
second par. of par. Fifth.
    1934--Act June 21, 1934, added par. Sixth and redesignated 
provisions formerly set out as par. Sixth as Seventh.


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of Title 49, Transportation.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
Title 49, Transportation.


        Restriction on Establishment of New Annuities or Pensions

    Pub. L. 91-215, Sec. 7, Mar. 17, 1970, 84 Stat. 72, provided that: 
``No carrier and no representative of employees, as defined in section 1 
of the Railway Labor Act [this section], shall, before April 1, 1974, 
utilize any of the procedures of such Act [this chapter], to seek to 
make any changes in the provisions of the Railroad Retirement Act of 
1937 [section 228a et seq. of this title] for supplemental annuities or 
to establish any new class of pensions or annuities, other than 
annuities payable out of the Railroad Retirement Account provided under 
section 15(a) of the Railroad Retirement Act of 1937 [subsection (a) of 
section 228o of this title], to become effective prior to July 1, 1974; 
nor shall any such carrier or representative of employees until July 1, 
1974, engage in any strike or lockout to seek to make any such changes 
or to establish any such new class of pensions or annuities: Provided, 
That nothing in this section shall inhibit any carrier or representative 
of employees from seeking any change with respect to benefits payable 
out of the Railroad Retirement Account provided under section 15(a) of 
the Railroad Retirement Act of 1937 [subsection (a) of section 228o of 
this title].''


Social Insurance and Labor Relations of Railroad Coal-Mining Employees; 
   Retroactive Operation of Act August 13, 1940; Effect on Payments, 
                              Rights, etc.

    Sections 4-7 of act Aug. 13, 1940, as amended by Reorg. Plan No. 2 
of 1946, Sec. 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, with 
regard to the operation and effect of the laws amended, provided:
    ``Sec. 4. (a) The laws hereby expressly amended (section 1532 of 
Title 26, I.R.C. 1939 [former Title 26, Internal Revenue Code of 1939] 
and sections 151, 215, 228a, 261, and 351 of this title), the Social 
Security Act, approved August 14, 1935 (section 301 et seq. of Title 
42), and all amendments thereto, shall operate as if each amendment 
herein contained had been enacted as a part of the law it amends, at the 
time of the original enactment of such law.
    ``(b) No person (as defined in the Carriers Taxing Act of 1937 
[section 261 et seq. of this title]) shall be entitled, by reason of the 
provisions of this Act, to a refund of, or relief from liability for, 
any income or excise taxes paid or accrued, pursuant to the provisions 
of the Carriers Taxing Act of 1937 or subchapter B of chapter 9 of the 
Internal Revenue Code [section 1500 et seq. of former Title 26, Internal 
Revenue Code of 1939], prior to the date of the enactment of this Act 
[Aug. 13, 1940] by reason of employment in the service of any carrier by 
railroad subject to part I of the Interstate Commerce Act [former 49 
U.S.C. 1 et seq.], but any individual who has been employed in such 
service of any carrier by railroad subject to part I of the Interstate 
Commerce Act as is excluded by the amendments made by this Act from 
coverage under the Carriers Taxing Act of 1937 and subchapter B of 
chapter 9 of the Internal Revenue Code, and who has paid income taxes 
under the provisions of such Act or subchapter, and any carrier by 
railroad subject to part I of the Interstate Commerce Act which has paid 
excise taxes under the provisions of the Carriers Taxing Act of 1937 or 
subchapter B of chapter 9 of the Internal Revenue Code, may, upon making 
proper application therefor to the Bureau of Internal Revenue [now 
Internal Revenue Service], have the amount of taxes so paid applied in 
reduction of such tax liability with respect to employment, as may, by 
reason of the amendments made by this Act, accrue against them under the 
provisions of title VIII of the Social Security Act [section 1001 et 
seq. of Title 42] or the Federal Insurance Contributions Act (subchapter 
A of chapter 9 of the Internal Revenue Code) [section 1400 et seq. of 
former Title 26].
    ``(c) Nothing contained in this Act shall operate (1) to affect any 
annuity, pension, or death benefit granted under the Railroad Retirement 
Act of 1935 [section 215 et seq. of this title] or the Railroad 
Retirement Act of 1937 [section 228a et seq. of this title], prior to 
the date of enactment of this Act [Aug. 13, 1940], or (2) to include any 
of the services on the basis of which any such annuity or pension was 
granted, as employment within the meaning of section 210(b) of the 
Social Security Act or section 209(b) of such Act, as amended [sections 
410(b) and 409(b), respectively, of Title 42]. In any case in which a 
death benefit alone has been granted, the amount of such death benefit 
attributable to services, coverage of which is affected by this Act, 
shall be deemed to have been paid to the deceased under section 204 of 
the Social Security Act [section 404 of Title 42] in effect prior to 
January 1, 1940, and deductions shall be made from any insurance benefit 
or benefits payable under the Social Security Act, as amended [section 
301 et seq. of Title 42], with respect to wages paid to an individual 
for such services until such deductions total the amount of such death 
benefit attributable to such services.
    ``(d) Nothing contained in this Act shall operate to affect the 
benefit rights of any individual under the Railroad Unemployment 
Insurance Act [section 351 et seq. of this title] for any day of 
unemployment (as defined in section 1(k) of such Act [section 351(k) of 
this title]) occurring prior to the date of enactment of this Act. [Aug. 
13, 1940]
    ``Sec. 5. Any application for payment filed with the Railroad 
Retirement Board prior to, or within sixty days after, the enactment of 
this Act shall, under such regulations as the Federal Security 
Administrator may prescribe, be deemed to be an application filed with 
the Federal Security Administrator by such individual or by any person 
claiming any payment with respect to the wages of such individual, under 
any provision of section 202 of the Social Security Act, as amended 
[section 402 of Title 42].
    ``Sec. 6. Nothing contained in this Act, nor the action of Congress 
in adopting it, shall be taken or considered as affecting the question 
of what carriers, companies, or individuals, other than those in this 
Act specifically provided for, are included in or excluded from the 
provisions of the various laws to which this Act is an amendment.
    ``Sec. 7. (a) Notwithstanding the provisions of section 1605(b) of 
the Internal Revenue Code [section 1605(b) of former Title 26, Internal 
Revenue Code of 1939], no interest shall, during the period February 1, 
1940, to the eighty-ninth day after the date of enactment of this Act 
[Aug. 13, 1940], inclusive, accrue by reason of delinquency in the 
payment of the tax imposed by section 1600 with respect to services 
affected by this Act performed during the period July 1, 1939, to 
December 31, 1939, inclusive, with respect to which services amounts 
have been paid as contributions under the Railroad Unemployment 
Insurance Act [section 351 et seq. of this title] prior to the date of 
enactment of this Act.
    ``(b) Notwithstanding the provisions of section 1601(a)(3) of the 
Internal Revenue Code [section 1601(a)(3) of former Title 26, Internal 
Revenue Code of 1939], the credit allowable under section 1601(a) 
against the tax imposed by section 1600 for the calendar year 1939 shall 
not be disallowed or reduced by reason of the payment into a State 
unemployment fund after January 31, 1940, of contributions with respect 
to services affected by this Act performed during the period July 1, 
1939, to December 31, 1939, inclusive, with respect to which services 
amounts have been paid as contributions under the Railroad Unemployment 
Insurance Act [section 351 et seq. of this title] prior to the date of 
enactment of this Act [Aug. 13, 1940]: Provided, That this subsection 
shall be applicable only if the contributions with respect to such 
services are paid into the State unemployment fund before the ninetieth 
day after the date of enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 157, 182 of this title.
