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M E M O R a N D L-42-482 MEMORANDUM Chicago, Illinois September 11, 1942 TO The Director of Retirement Claims FROM The General Counsel SUBJECT Creditability of Grain-Door Reclamation and Cooperage Services Performed at St. Joseph, Missouri; St. Louis, Missouri, and East St. Louis, Illinois; Chicago, Illinois; Peoria and Pekin, Illinois; Springfield, Illinois; Indianapolis, Indiana; Lawrenceburg, Indiana; East Buffalo, New York; Little Rock and North Little Rock, Arkansas; Milwaukee, Wisconsin; Cincinnati, Ohio; Fostoria, Ohio; Columbus, Ohio; Toledo, Ohio; Cleveland, Ohio; Omaha and South Omaha, Nebraska; Council Bluffs, Iowa; Davenport, Iowa; Des Moines, Iowa; Sioux City, Iowa; Cedar Rapids, Iowa; Hutchinson, Kansas; Atchison, Kansas; Memphis, Tennessee; Denver, Colorado; Galveston, Texas; Amarillo, Texas; Enid, Oklahoma; Oklahoma City, Oklahoma. (j. A. McNulty; J. A. McNulty and A. E. Schuyler, doing business as Grain Door Reclamation and Cooperage Bureau; J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing business as Grain Door Reclamation and Cooperage Bureau; J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing business as Grain Door Agency; A. E. Schuyler and F. L. Schuyler, doing business as Schuyler Brothers.) QUESTION Is service rendered by individuals in the performance of grain door reclamation and cooperage work at the above-named points undercontracts between the railroads operating at such points and each of the firms known as J. A. McNulty; J. A. McNulty and A. E. Schuyler, doing business as Grain Door Reclamation and Cooperage -2- Memoranduin to the Director of Retirement Claims Bureau; J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing busi­ ness as Grain Door Reclamation and Cooperage Bureau; J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing business as Grain Door Agency and A. E. Schuyler and F. L. Schuyler, doing business as Schuyler Brothers, creditable under the Railroad Retirement Act? CONCLUSION Grain door reclamation and cooperage service performed under contracts between the railroads and each of the above-named firms at the places and during the periods listed below is creditable under the Act, as service to the railroads for which the work was performed: At St. Joseph, Missouri, at least from April 1, 1931 to November 20, 1934; At St. Louis, Missouri, and East St. Louis, Illinois, at least from November 1, 1912, to November 20, 1934; At Chicago, Illinois, at least from August 10, 1912 to November 20, 1934; At Peoria and Pekin, Illinois, at least from March 1, 1913 to November 20, 1934; At Springfield, Illinois, at least from July 31, 1928 to November 20, 1934; At Indianapolis, Indiana, at least from May 1, 1912 to November 14, 1934; At Lawrenceburg, Indiana, at least from July 31, 1927 to November 14, 1934; At East Buffalo, New York, at least from October 4, 1929 to July 31, 1935; At Milwaukee, Wisconsin, at least from November 1, 1912 to November 20, 1934; At Little Rock and North Little Rock, Arkansas, at least from January 15, 1927 to November 20, 1934; At Cincinnati, Ohio, at least from April 15, 1924 to November 14, 1934; At Fostoria, Ohio, at least from July 31, 1930 to November 14, 1934; At Columbus, Ohio, at least from July 31, 1930 to November 14, 1934; At Toledo, Ohio, at least from July 31, 1912 to November 14, 1934; At Cleveland, Ohio, at least from July 22, 1930 to November 14, 1934; At Omaha and South Omaha, Nebraska, at least from July 1, 1911 to November 20, 1954; At Council Bluffs, Iowa, at least from July 1, 1911 to November 20, 1934; At Davenport, Iowa, at least from May 10, 1923 to. November 20, 1934; -3- Memorandum to the Director of Retirement Claims At Des Moines, Iowa, at least from May 10, 1923 to Novem­ ber 20, 1934; At Cedar Rapids, Iowa, at least from November 23, 1917 to November 20, 1934; At Sioux City, Iowa, at least from May 10, 1923 to Novem­ ber 20, 1934; At Hutchinson, Kansas, at least from July 31, 1926 to November 20, 1934; At Atchison, Kansas, at least from August 15, 1925 to November 20, 1934; At Memphis, Tennessee, at least from March 1, 1912 to March 10, 1933; At Denver, Colorado, at least from September 1, 1915 to November 20, 1934; At Galveston-Texas City, Texas, at least from July 1, 1914 to November 20, 1934; At Amarillo, Texas, at least from July 31, 1928 to November 20, 1934; At Enid, Oklahoma, at least from July 31, 1927 to November 20, 1934; and At Oklahoma City, Oklahoma, at least from July 31, 1928 to November 20, 1934. FACTS AND DISCUSSION From the information and material submitted to the Board it appears that the reclamation and cooperage of grain doors, during the periods and at the places mentioned above, was performed under con­ tracts between J. A. McNulty; J. A. McNulty and A. E. Schuyler doing business as Grain Door Reclamation and Cooperage Bureau; J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing business as Grain Door Recla­ mation and Cooperage Bureau; J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing business as Grain Door Agency; or A. E. Schuyler and F. L. Schuyler, doing business as Schuyler Brothersl/, and various railroad "employers"2/ operating at such places. We have been supplied with 133 of such agreements. Most of the contracts were executed under the names of J. A. McNulty and A. E. Schuyler, doing business as the 1/ Grain door reclamation and cooperage services at Clinton, Iowa, under contracts with Schuyler Brothers have heretofore been held creditable under the Act. L-38-984. 2/ A list of railroads for which the grain door reclamation and cooperage services were rendered is attached hereto. -4- Memorandum to the Director of Retirement Claims Grain Door Reclamation and Cooperage Bureau; J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing business as Grain Door Agency; and A. E. Schuyler and F. L. Schuyler, doing business as Schuyler Brothers. However, agreements were also executed under the names of J. A. McNulty, individually and J. A. McNulty, A. E. Schuyler and F. L. Schuyler, doing business as Grain Door Reclamation and Cooperage Bureau. The agreements supplied to us are basically the same, and appear to be typical of the arrangements under which the reclamation and cooperage services were performed by the McNulty and Schuyler grain door firms. The agreements are similar to those heretofore considered in connection with the reclamation and cooperage service performed by Goodwin Grain Door Agency for railroads at Kansas City, which service has been held to be creditable as service to the rail­ roads. L-41-598. y The contracts with the McNulty and Schuyler grain door agencies provided that they would, at specified rates, remove, reclaim and collect grain doors and boards; repair and return to the railroads such doors and materials "in serviceable condition"; and cooper and prepare cars "in suitable condition" for the shipment of grain and other commodities. Records of the work done were to be kept and monthly bills rendered. In some contracts the agency, was also required to render a monthly inventory and the railroads had the right to examine the books of the agency at any time. The contracts provided that arrangements for the switching of cars carrying reclaimed material would be made by the railroads at their own expense. The railroads agreed to render assistance, by all reasonable means within their power, to enable the agency to perform its functions under the con­ tract, and in some instances, the contracts provided that the rail­ road would furnish the contracting firm and its employees free trans­ portation when necessary in order to perform the work under the contracts. The agency assumed liability for all injuries to its property and to the firm members, agents and employees arising out of the performance of the contract work. While the early contracts make no mention of the status of the agency or its employees under the contract, several of the later contracts contain specific state­ ments that the contracting firm shall be regarded as an independent contractor. On the other hand, several of the contracts expressly provided that the work be performed in "a manner satisfactory" to the railroads. Without exception, the contracts were terminable upon thirty days notice in writing by either party. It appears from the agreements in our possession and infor­ mation furnished by Mr. F. L. Schuyler that the periods in which the -5- Memorandum to the Director of Retirement Claims agencies performed the grain door reclamation and cooperage services at the various points began as follows: St. Joseph, Missouri, at least from April 1, 1931; St. Louis, Missouri, and East St. Louis, Illinois, at least from November 1, 1912; Chicago, Illinois, at least from August 10, 1912; Peoria and Pekin, Illinois, at least from March 1 1913; Springfield, Illinois, at least from July 31, 1928; Indianapolis, Indiana, at least from May 1, 1912; Lawrenceburg, Indiana, at least from July 31, 1927; East Buffalo, New York, at least from October 4, 1929; Milwaukee, Wisconsin, at least from November 1, 1912; Little Rock and North Little Rock, Arkansas, at least from January 15, 1927; Cincinnati, Ohio, at least from April 15, 1924; Fostoria, Ohio, at least from July 31, 1930; Columbus, Ohio, at least from July 31, IS30; Toledo, Ohio, at least from July 31, 1912; Cleveland, Ohio, at least from July 22, 1930; Omaha and South Omaha, Nebraska, at least from July 1, 1911; Council Bluffs, Iowa, at least from July 1, 1911; Davenport, Iowa, at least from May 10, 1923; Des Moines, Iowa, at least from May 10, 1923; Cedar Rapids, Iowa, at least from November 23, 1917; Sioux City, Iowa, at least from May 10, 1923; Hutchinson, Kansas, at least from July 31, 1926; Atchison, Kansas, at least from August 15, 1925; Memphis, Tennessee, at least from March 1, 1912; Denver, Colorado at least from September 1, 1915; Galveston-Texas City, Texas, at least from July 1, 1914; Amarillo, Texas, at least from July 31, 1928; Enid, Oklahoma, at least from July 31, 1927; Oklahoma City, Oklahoma, at least from July 31, 1928.
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