L-41-242 M E M C R A N D TJ M

Washington, D. C . May 17, 1941

TO The Director of Retirement Claims

FROM General Counsel

SUBJECT Tidewater Coal Demurrage Committee

1. Organized January 17, 1941

2. Total Number of (1 The and Ohio Railroad Company Members (2 Central Railroad Company of New Jersey

(3 The Chesapeake & Ohio Railway Company

(4 The Delaware, Lackawanna & Western Railroad Company

(5 Company

(6 Company

(7 The New York Central Railroad Company

(8 New York, Susquehanna & "Western Railroad Company

(9 New York, Ontario & Western Railroad Company

(10 Norfolk & Western Railway Company

(11 The Railroad Company

(12

(13 Virginian Railway Company

(14 Company

(All the above are "carrier employers") - 2- Memorandum to The Director of Retirement Claims

3. Duties, Functions To supervise uniform application and enforce­ and Activities ment of the Tidewater Coal Demurrage Rules applicable on bituminous and anthracite coal, and related products, dumped into vessels or unloaded on storage yards for subsequent delivery to vessels at ports and storage yards named Agent, tariffs Nos. 138 and 139 and supplements thereto and reissues thereof.

4. Controlled By one representative from each member road.

5. Maintained By assessment levied against members based on percentage of coal tonnage dumped by each.

6. Opinion That the Tidewater Coal Demurrage Committee is a railroad association controlled and main­ tained wholly or principally by two or more "carrier employers" and engaged in the per­ formance of services in connection with or incidental to railroad transportation and consequently an "employer" under the Railroad Retirement Act and the Railroad Unemployment Insurance Act.

7. Service Creditable January 17, 1941 to date.

General Counsel