L-44-305 M-174 June 7, 1944 to the Director of Retirement Claims
L-44-305 M-174 # June 7, 1944 TO The Director of Retirement Claims FROM The General Counsel SUBJECT Creditability of service rendered under ore dock operations contract between Addison Miller, Inc. (Minnesota) and Lake Superior and Ishpeming Railroad Company In response to your request I herewith submit my opinion on the following: QUESTION Is service rendered under contract between Addison Miller, Inc. and Lake Superior and Ishpeming Railroad Company covering ore dock operations at Presque Isle, in the City of Marquette, Michigan, creditable under the Railroad Retirement and Railroad Unemployment Insurance Acts? OPINION It is my opinion that the service in question is creditable as "employee" service rendered to Lake Superior and Ishpeming Railroad Company. It is my further opinion that even if it were determined that the ore dock operations have been conducted by Addison Miller, Inc. independently, the individuals performing the contract work would, nevertheless, be covered under the Railroad Retirement and Railroad Unemployment Insurance Acts since, in that event, Addison Miller, Inc., with respect to such operations, would itself be an "employer" under the Acts as a carrier by railroad subject to Part I of the Inter state Commerce Act. DISCUSSION On February 5» 1925, the Lake Superior and Ishpeming Railroad Company entered into a contract with Addison Miller, Inc., a corpora tion organized under the laws of Minnesota, for the operation, during the shipping season of 1925, 1926 and 1927, of the Railroad's iron ore -2- The Director of Retirement Claims docks situated at Presque Isle, in the City of Marquette, Michigan. The ore dock operations, performed under tariffs filed by the Railroad Company with the Interstate Commerce Commission, consist of the unload ing of iron ore from railroad cars spotted on the Railroad's dock into ore pockets located thereon, and the loading of the ore from the pockets into the holds of vessels waiting at the ore docks to receive the ore for transportation to various Great Lake ports.
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