Memorandum FEB 5 1987 L-87-12 to Director of Compensation and Certification

Total Page:16

File Type:pdf, Size:1020Kb

Memorandum FEB 5 1987 L-87-12 to Director of Compensation and Certification UNITED STATES GOVERNMENT RAILROAD RETIREMENT BOARD Memorandum FEB 5 1987 L-87-12 TO Director of Compensation and Certification FROM : Deputy General Counsel SUBJECT: Lehigh and Hudson River Railway Company Employer Status This is in response to your request of February 7, 1986, requesting my opinion regarding the employer status of the Lehigh and Hudson River Railway Company (LHR). LHR has previously been found to be an employer within the meaning of the Railroad Retirement Act and the Railroad Unemployment Act. Its name appears in the Employer Status List under Item No. 3625, with the period of creditable service shown as being from April 1, 1982 to date. From a review of memoranda contained in the file, it appears that LHR was given a new employer number in order to distinguish the bankrupt estate in reorganization from the former operating railroad. As a result, the period of creditable service shown in the Employer Status List appears to reflect only the period of tim^ since LHR has had the new employer number. It should be noted that the records indicate that LHR was originally found to be an employer as of February 4, 1887. In a letter dated January 11, 1986, Mr. Timothy Smith (the attorney for Mr. John Troiano, trustee of the property of the LHR) informed the Board that all operations of the LHR ceased as of March 31, 1976, pursuant to the Order of the Special Court for the Regional Rail Reorganization Act of 1973 under which all of LHR1s rail operations and rail operating properties were transferred to Consolidated Rail Corporation. Mr. Smith's letter further stated that the LHP. did not retain any rail properties or have any rail operations after that date, nor has it had any employees since March 31, 1976. This was verified in a telephone conversation with Mr. Smith on January 29, 1987. Mr. Smith's letter also stated that Honorable Robert J. Ward, Reorganization Judge of the United States District Court, Southern District of New York, directed the liquidation of the LHR and dissolution of the corporation. See also Interstate Commerce Commission Order dated April 6, 1977, service date April 20, 1977. That order further stated that the Commission's powers and duties with respect to LHR terminated April 1, 1976. According to a telephone conversation on September 30, 1986, between Mr. Smith and a member of my staff, the only properties LHR currently retains are a few parcels of real estate, which are in the Director of Compensation and Certification process of being transferred to local communities for back taxes. Mr. Smith also stated that he is currently filing applications with the states of New York and New Jersey to dissolve the corporation. (While LHR is a New York corporation, it is qualified to do business in New Jersey; thus, the corporation must be dissolved in both states.) According to a memorandum from the Board's Bureau of Data Processing and Accounts to the Bureau of Budget and Fiscal Operations dated September 2, 1981, LHR had no compensated employees as of 1977, and therefore LHR was not required to file reports of service and compensation from that time on. LHR is one of a number of railroads which were reorganized and which conveyed all or substantially all of their designated rail properties to Consolidated Rail Corporation (ConRail). LHR is one of six railroads that the Director of Data Processing and Accounts found to be estate or trustee organizations and, as stated above, were therefore issued new employer numbers. This Bureau has ruled on two of the six railroads given new employer numbers by the Bureau of Data Processing and Accounts and covered by the ICC Order of April 6, 1977. One of these railroads is the Penn Central Corporation (PCC). In Legal Opinion L-80-102 it was stated that it has long been held by the Board that a company chartered as a common carrier by railroad, whose railroad is operated in interstate commerce under a lease or other arrangement by a carrier by railroad subject to Part I of the Interstate Commerce Act, is itself subject to Part I of that Act, and consequently is an employer under the Railroad Retirement and Railroad Unemployment Insurance Acts. Since PCC was not under the jurisdiction of the Interstate Commerce Commission, and did not intend to resume operation of its leased lines but intended to sell them when it was possible to do so, it was held that PCC should be held to not be an employer under the Railroad Retirement and Railroad Unemployment Insurance Acts. In Legal Opinion L-76-557 the employer status of Erie Lackawanna Railway Company was considered. This was another railroad which was covered by the ICC order of April 6, 1977, and provided a new employer number by the Board. The Erie Lackawanna Railway Company had conveyed most of its rail properties to ConRail, the Delaware & Hudson Railway Company and the State of New Jersey. Trustees for the railroad (appointed in 1972 by a District Court) had stated that the office of the Trustees would continue in existence for an undetermined period, and possibly for longer than ten years, for the purpose of liquidation of the remaining properties of the railroad. It was found to be: - 3 - Director of Compensation and Certification "* * * apparent that the status of the Company as an employer under the Act ceased, in regard to the conveyed properties, as of April 1, 1976. Moreover, it appears that the Erie Lackawanna estate is continuing its activities as more than a mere liquidating operation. Therefore, it is my opinion that the Erie Lackawanna Railway Company ceased to be an employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act as of April 1, 1976." It is my opinion that the Lehigh and Hudson River Railway Company is similar to both of the above described railroads; i.e., it is no longer under the jurisdiction of the Interstate Commerce Commission (pursuant to the Order of April 6, 1977) and the existing corporate shell exists solely for the purpose of liquidating the few remaining real estate parcels. Based on the above information, including the fact that it has had no employees and has therefore filed no reports of service and compensation since 1976, and in accordance with Legal Opinions L-80-102 and L-76-557, I conclude that the Lehigh and Hudson River Railway Company ceased to be an employer as of the close of business on March 31, 1976, the date on which it ceased operations and no longer had compensated employees. An appropriate Form G-215 giving effect to the foregoing is attached. Steven A. Bartholov Attachment RLSimmons:ik:cmw WPPLus /id 2 C. 469-86.
Recommended publications
  • DEC 0 1 2003 Termination of Coverage
    B.C.D. 08-45.27 EMPLOYER STATUS DETERMINATION DEC 0 1 2003 Termination of Coverage This is the determination of the Railroad Retirement Board concerning the continued coverage as employers under the Railroad Retirement Act (45 U.S.C. § 231 et seq.) (RRA) and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.) (RUIA) of 45 covered entities. The Board’s Audit and Compliance Section has identified these 45 employers which were never assigned a BA number. These entities were formerly operated by a covered rail carrier employer or formerly provided creditable service to a covered employer. In each case, the railroad operator or service recipient no longer operates and has been terminated as a covered employer. Since the operating/service recipient companies have ceased railroad or rail related operations and, in many instances, have ceased to exist, and no railroad or rail related operation is conducted by or on behalf of any of these 45 entities, their employer status is terminated as explained in more detail below. Union Lumber Company Service for Union Lumber Company was credited to the California Western Railroad and Navigation Company (BA Number 2703), which was a covered employer from June 30, 1905 to January 1, 1948, when its name was changed to California Western Railroad. California Western Railroad retained BA Number 2703 and was a covered employer until it ceased operations June 30, 1976. The Board’s records indicate that the service of train and engine crews engaged in the operation of the logging railroad of Union Lumber Company was creditable as service to the California Western Railroad & Navigation Company from December 1, 1917.
    [Show full text]
  • Page 1 of 8 PHILIP G. CRAIG 204 FERNWOOD AVENUE UPPER MONTCLAIR, NEW JERSEY 07043-1905 USA Mobile/Cell: (001) 973-787-4642 Emai
    PHILIP G. CRAIG 204 FERNWOOD AVENUE UPPER MONTCLAIR, NEW JERSEY 07043-1905 USA Mobile/Cell: (001) 973-787-4642 Email: [email protected] RESUME Summary Phil Craig has 50 years of experience in the rail transit and railroad field. My expertise is in planning, design, construction, and operation of heavy rail rapid transit systems (metros or subways), light rail transit systems, suburban or regional (commuter) rail systems, high-speed passenger railways, and main line passenger and freight railroads. My broad technical knowledge as a transportation planner and analyst encompasses a wide range of planning, operations, and management areas. I have held significant management positions with transport organizations serving large metropolitan areas in the United States, Great Britain and Greece, as well having been a consultant on rail projects in Canada, India, South Korea, Taiwan and Turkey. Education Bachelor of Science (Cum Laude), Public Utilities and Transportation, New York University, New York, New York, 1963 Professional Data Past Chairman (1973-76) and Committee Member (1972-80), Subcommittee on Federal Rules and Regulations Committee on Mobility for the Elderly and Handicapped American Public Transit Association, Washington, D.C., USA Member, Light Rail Transit Association, London, England Member, Light Rail Panel, New Jersey Association of Railroad Passengers Experience Independent Transportation Consultant – March 2009 to July 2009 Project: Honolulu High Capacity Transit Corridor Project, Honolulu, O'ahu, Hawai'i Clients: Kamehameha Schools and Honolulu Chapter of American Institute of Architects Assignment: Analyze Potential for Use of Light Rail Transit Technology Roles: Consultant to Kamehameha Schools and Adviser to AIA Honolulu Prepared a Light Rail Transit Feasibility Report for Kamehameha Schools/Bishop Estate (the largest private landholder in the Hawaiian Islands).
    [Show full text]
  • Transportation Trips, Excursions, Special Journeys, Outings, Tours, and Milestones In, To, from Or Through New Jersey
    TRANSPORTATION TRIPS, EXCURSIONS, SPECIAL JOURNEYS, OUTINGS, TOURS, AND MILESTONES IN, TO, FROM OR THROUGH NEW JERSEY Bill McKelvey, Editor, Updated to Mon., Mar. 8, 2021 INTRODUCTION This is a reference work which we hope will be useful to historians and researchers. For those researchers wanting to do a deeper dive into the history of a particular event or series of events, copious resources are given for most of the fantrips, excursions, special moves, etc. in this compilation. You may find it much easier to search for the RR, event, city, etc. you are interested in than to read the entire document. We also think it will provide interesting, educational, and sometimes entertaining reading. Perhaps it will give ideas to future fantrip or excursion leaders for trips which may still be possible. In any such work like this there is always the question of what to include or exclude or where to draw the line. Our first thought was to limit this work to railfan excursions, but that soon got broadened to include rail specials for the general public and officials, special moves, trolley trips, bus outings, waterway and canal journeys, etc. The focus has been on such trips which operated within NJ; from NJ; into NJ from other states; or, passed through NJ. We have excluded regularly scheduled tourist type rides, automobile journeys, air trips, amusement park rides, etc. NOTE: Since many of the following items were taken from promotional literature we can not guarantee that each and every trip was actually operated. Early on the railways explored and promoted special journeys for the public as a way to improve their bottom line.
    [Show full text]
  • Conrail Advertising Portfolio 2514
    Conrail advertising portfolio 2514 This finding aid was produced using ArchivesSpace on September 26, 2021. Description is written in: English. Describing Archives: A Content Standard Manuscripts and Archives PO Box 3630 Wilmington, Delaware 19807 [email protected] URL: http://www.hagley.org/library Conrail advertising portfolio 2514 Table of Contents Summary Information .................................................................................................................................... 3 Historical Note ............................................................................................................................................... 3 Scope and Contents ........................................................................................................................................ 4 Administrative Information ............................................................................................................................ 5 Related Materials ........................................................................................................................................... 5 Controlled Access Headings .......................................................................................................................... 5 - Page 2 - Conrail advertising portfolio 2514 Summary Information Repository: Manuscripts and Archives Creator: ConRail Creator: Ogilvy & Mather Title: Conrail advertising portfolio ID: 2514 Date [inclusive]: 1976-1997 Date [bulk]: 1976-1990 Physical Description:
    [Show full text]
  • CED-78-82 Information on Questions Asked About Conrail's Service In
    DOCURlIT RESURE 05624 - B0965894] Information on Questions Asked about Conrails Service in the Scranton, Pennsylvania, Area. CD-78-82; B-164497 (5). April 4, 1978. 2 pp. appendix (13 pp.). Report to Sen. H. John eins, II; by Henry Bschwege, Director, Community and Bconomic Developent Div. Issue Area: Transportatioa Svsems and Policies: Railroad Freight Transportation system (2407). Contact: Community and Economic Development Div. Budget Function: Coaaertc and Transportations Ground T;.ansportation (404). Organization Concerned: Consolidated ail Corp.; Interstate Commaserce Commission. Congressional Relevance: House Comaittee o Interstate and Foreign Comerce; Senate Committee on Commerce. Sen. John Heinz, III. Authority: Railroad Revitalization and Regulatory Reform Act of 1976 P.L. 94-210). Regional Rail Reorganization Act of 1973 (45 .S.C. 701). The Railroad evitalization and Regulatory Reform Act of 1976 required that each railroad designated by the Interstate Commerce Commission (ICC) as a class I railroad prepare and submit a full and coaplete analysis of its rail system to the secretary of Transportation. review was conducted of the Consolidated ail Corporaticai's (Conraills) procedures in gathering information for deteamining the classification and designation of rail lines, the circumstances surrounding the closing of Conrail's pivgyback terminal in Scranton, Pennsylvania, and Conrail's plans for the rail line serving Scrantcn. Findings/conclusions: Conrail's estimated annual volume of about 4.5 nillion g s tons for the Scranton line was determined by train ovemeats during the week of December 12, 1976. Conrail's data accurately portrayed the then-current level of traffic, and the line was correctly designatei as a category A branchline.
    [Show full text]
  • B-1 John W Barriger III Papers Finalwpref.Rtf
    A Guide to the John W. Barriger III Papers in the John W. Barriger III National Railroad Library A Special Collection of the St. Louis Mercantile Library at the University of Missouri St. Louis This project was made possible by a generous grant From the National Historical Publications and Record Commission an agency of the National Archives and Records Administration and by the support of the St. Louis Mercantile Library at the University of Missouri St. Louis © 1997 The St. Louis Mercantile Library Association i Preface and Acknowledgements This finding aid represents the fruition of years of effort in arranging and describing the papers of John W. Barriger III, one of this century’s most distinguished railroad executives. It will serve the needs of scholars for many years to come, guiding them through an extraordinary body of papers documenting the world of railroading in the first two-thirds of this century across all of North America. In every endeavor, there are individuals for whom the scope of their involvement and the depth of their participation makes them a unique participant in events of historical importance. Such was the case with John Walker Barriger III (1899-1976), whose many significant roles in the American railroad industry over almost a half century from the 1920s into the 1970s not only made him one of this century’s most important railroad executives, but which also permitted him to participate in and witness at close hand the enormous changes which took place in railroading over the course of his career. For many men, simply to participate in the decisions and events such as were part of John Barriger’s life would have been enough.
    [Show full text]
  • Archival Theory and Practice in the Erie Lackawanna Historical Society Collection
    Transportation Heritage and Conservation: Archival Theory and Practice in the Erie Lackawanna Historical Society Collection. Scott E. Randolph Curator, Erie Lackawanna Historical Society Collection Assistant Archivist, Erie Lackawanna Historical Society Doctoral Student, Purdue University Department of History Transportation infrastructure and the mechanized movement of goods and people are fundamental features of modern life. What characterizes America most fundamentally is the distances of this broad land. Our struggles to knit a nation across the breadth of the continent are a deep part of the American myth. That struggle against what scholars call the “tyranny of distance” has altered and created communities both large and small. In fact, most of you know this instinctually – having spent your professional lives addressing an innumerable set of questions, problems and solutions to the issue of “getting around.” For that matter, you have all had a part, whether you recognize it or not in writing the history of transportation in the state of Indiana. However, given the circumstances of local and state politics and the nature of the work you do, many of you stay firmly – and rightly so- planted in the present and the future. Obviously, given my training as a historian and archivist, I firmly believe in the need for preserving the material and manuscript records of the past. What my job here today is, is to convince all of you of the need to preserve the transportation heritage of the state, but more importantly, laying out a theoretical approach to preservation using practical examples drawn from my work on the Erie Lackawanna Historical Society Collection at the University of Akron Archival Services in Akron, Ohio.
    [Show full text]
  • Donald W. Furler Collection
    Donald W. Furler Collection Finding Aid to the Collection at the Center for Railroad Photography & Art Prepared by Adrienne Evans Last updated: 06/19/19 Collection Summary Title: Donald W. Furler Collection Accession Number: 2017.1 Span Dates: 1931-1956 Bulk Dates: 1938-1952 Creator: Furler, Donald Ward, 1917-1994 Extent: 25 archival binders (8.34 linear feet) Language: English Repository: Center for Railroad Photography & Art, Madison, WI Abstract: This collection is composed of photographic images shot by Donald Ward Furler (1917-1994). The bulk of the collection was photographed by Furler, but it also includes work he collected from other rail photographers. Images in the collection primarily depict American railroads, mainly located in New Jersey, New York and Pennsylvania. Selected Search Terms Country: Canada United States State: Alabama New York California North Dakota Colorado Ohio Connecticut Ontario (Canada) District of Columbia Pennsylvania Georgia Quebec (Canada) Illinois Saskatchewan (Canada) Iowa Tennessee Kansas Texas Maryland Vermont Massachusetts Virginia Minnesota West Virginia Missouri Montana Montreal (Canada) New Hampshire New Jersey Donald W. Furler Collection 2 Railroad Name: Franklin and Carolina Railroad (Camp A.A. Morrison and Company, Inc. Manufacturing Company) Adirondack Railway Grand Trunk Western Railroad Alton and Southern Railway Company Grand Trunk Railway Atchison, Topeka and Santa Fe Railway Gifford-Hill and Company Atlantic Coast Line Railroad Harlem Transfer Company Atlantic and North Carolina Railroad
    [Show full text]
  • TIMETABLE No. 10 in Effect 2:01 A
    it> LEHIGH VALLEY RAILROAD * * * TIMETABLE No. 10 In effect 2:01 A. M., Eastern Standard Time Sunday, August 10, 1975 * * * R. C. HALDEMAN TRUSTEE and CHIEF EXECUTIVE OFFICER * * * W. C. WIETERS Senior Vice President and Chief Operating Officer * * * F. J. JACKSON Superintendent Transportation * * * Division Superintendents: Divisions: G. F. BRESSLER NEW YORK A. G. LAGEMAN, III BUFFALO * * * FOR THE GOVERNMENT OF EMPLOYES ONLY 2 STOP Damage to Freight -By- HANDLING CARS CAREFULLY OUR REVENUE IS AFFECTED FAVORABLY OR UNFAVORABLY BY THE TYPE OF SERVICE WE RENDER THE PUBLIC Overspeed Couplings Cause Damage To judge Speed of Car Approaching Coupling Sight car with fixed object such as a telegraph pole. Start counting secondsittakes car to pass the fixed object. An excellent way to get accurate timing without a watch is to count "one hundred and thirty -one, one hundred and thirty -two" and so on as the car passed the fixed object. TABLE SHOWING SPEED OF CARS IN M.P.H. If car passed It was traveling object in: 40 ft. car50 ft. car60 ft. car85 ft. car 4 seconds 7.0 8.7 10.3 14.6 5 seconds 5.6 7.0 8.2 11.6 6 seconds 4.7 5.9 6.9 9.7 7 seconds 4.0 5.0 5.9 8.3 8 seconds 3.5 4.4 5.2 7.3 9 seconds 3.1 3.9 4.6 6.5 10 seconds 2.8 3.5 4.1 5.8 11 seconds 2.5 3.2 3.8 5.3 12 seconds 2.3 2.9 3.5 4.9 13 seconds 3.2 4.3 14 seconds 3.0 4.2 15 seconds 2.8 3.9 16 seconds 3.6 17 seconds 3.4 18 seconds 3.2 19 seconds 3.1 20 seconds 2.9 THINK SAFE, ACT SAFE AND BE SAFE 3 INDEX Pages List of Stations, Interlockings, Distances, Sidings, etc ..5 - 19 Schedule Pages:
    [Show full text]
  • Whpr19750902-010
    Digitized from Box 15 of the White House Press- Releases at the Gerald R. Ford Presidential Library FOR IMMEDIATE RELEASE September 2, 1975 Office of the White House Press Secretary ------------------------~----------------------------- --------- THE WHITE HOUSE EXECUTIVE ORDER CREATING AN EMERGENCY BOARD TO INVESTIGATE A DISPUTE BETWEEN THE CARRIERS Rl::":PRESENTED BY THE NATIONAL RAILWAY LABOR COi~FERENCE AND CERTAIN OF THEIR EMPLOYEES A dispute exists between the carriers represented by the National Railway Labor Conference, designated in lists attached hereto and made a part hereof, and certain of their employees represented by the Railway Employes' Department, AFL-CIO; International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers; Brotherhood Railway Carmen of United States and Canada; International Brotherhood of Electrical Workers and the International Brotherhood of Firemen & Oilers, This dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, and This dispute,) in the judgment of the National Ivlediation Board, threatens substantially to interrupt interstate commerce to a degree such as to deprive a section of the country of essential transportation service: NOW, THEREFORE, by virtue of the authority vested in me by Section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a board of three members, to be appointed by me, to investigate this dispute. No member of the board shall be pecuniarily or otherwise / interested in any organization of railroad employees or any carrier. The board shall report its finding to the President with respect to the dispute within 30 days from the date of this Order.
    [Show full text]
  • Table 12 Great American Rail-Trail Statistics in Indiana
    Indiana Indiana’s Cardinal Greenway offers quiet woodlands in the area around Muncie. | Photo by Eric Oberg, courtesy Rails-to-Trails Conservancy ROUTE RTC met with Indiana state officials early in the Great American consider including as many miles as possible in Indiana by using the Rail-Trail process, recognizing that the route through Indiana longer diagonal route. In September 2018, Governor Holcomb would have a significant impact on the potential routes through its announced the Next Level Connections program, a $1 billion neighboring states. Two routes were presented: a shorter one across investment in infrastructure projects including trails, which will be the north of the state and a longer diagonal one from Richmond, important to completing a trail across Indiana. Indiana, toward the Chicago metropolitan area. Officials from the Indiana Department of Transportation were so excited about the RTC found and reviewed 41 plans in Indiana to better understand the potential of the Great American Rail-Trail that they asked RTC to state’s trail priorities. A full list of these plans can be found in Appendix A. TABLE 12 GREAT AMERICAN RAIL-TRAIL STATISTICS IN INDIANA Total Great American Rail-Trail Existing Trail Miles in Ind. (% of Total State Mileage) 112.6 (51.1%) Total Great American Rail-Trail Trail Gap Miles in Ind. (% of Total State Mileage) 107.6 (48.9%) Total Trail Gaps in Ind. 10 Total Great American Rail-Trail Miles in Ind. 220.2 railstotrails.org 45 GREAT AMERICAN RAIL-TRAIL ROUTE ASSESSMENT INDIANA TABLE 13 GREAT AMERICAN RAIL-TRAIL ROUTE THROUGH INDIANA Existing Trail or Trail Gap Name Length in Ind.
    [Show full text]
  • Gerald R. Ford Administration White House Press Releases
    Digitized from Box 15 of the White House Press Releases at the Gerald R. Ford Presidential Library FOR IMMEDIATE RELEASE September 2. 1975 Office of the White House Press S~cretary ----~-------------------~-------------------------------------- THE WHITE HOUSE EXECUTIVE ORDER " -------" CREATING AN EMERGENCY BOARD TO INVESTIGATE A DISPUTE BETWEEN THE CARRIERS REPRESENTED BY THE NATIONAL RAILWAY LABOR COi-lFERENCE AND CERTAIN OF THEIR EMPLOYEES A dispute exists between the carriers represented by the National Railway Labor Conference, designated in lists attached hereto and made a part" hereof, and certain of their employees represented by the Railway Employes' " Department, AFL-CIO; International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers; Brotherhood Railway Carmen of United States and Canada; International Brotherhood of Electrical Workers and the International Brotherhood of Firemen & Oilers; This dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, and This dispute, in the j udgm~nt of the National I~ediation Board, threatens substantially to interrupt interstate commerce to a degree such as to deprive a section of the country of essential transportation service: NOW, THEREFORE, by virtue of the authority vested in me by Section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a board of three members, to be appointed by me, to investigate this dispute. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. <The board shall report its finding to the President with respect to the dispute within 30 days from the date of this Order.
    [Show full text]