MEMORANDUM Chicago, Illinois January 25, 1944 TO The Director of Wage and Service Records FROM The General Counsel SUBJECT Associated Railroads of Pennsylvania In response to your request, I herewith submit my opinion on the following: QUESTION Is the Associated Railroads of Pennsylvania an "employer" under the Railroad Retirement Act or the Railroad Unemployment Insurance Act? OPINION It is my opinion that the Associated Railroads of -Pennsylvania is an "employer" under the Rail­ road Retirement Act and the Railroad Unemployment Insurance Act. DISCUSSION Information furnished by Mr. William A. Reiter, Chairman, Associated Railroads of Pennsylvania, is that the Associated Railroads of Pennsylvania was organized on April 2, 1921. Its membership is com­ posed of the following companies: The Baltimore and Ohio Railroad Company Bessemer and Lake Erie Railroad Company The Central Railroad Company of New Jersey The Delaware and Hudson Railroad Corporation The Delaware, Lackawanna and Western Railroad Company Erie Railroad Company The Huntingdon and Broad Top Mountain Railroad and Coal Company Lehigh and New England Railroad Company Lehigh Valley Railroad Company The New York Central Railroad Company New York, Ontario and Western Railway Company - 2- Memorandum to the Director of Wage and Service Records The Pennsylvania Railroad Company The Pittsburgh and Lake Erie Railroad Company Reading Company Western Maryland Railway Company Railway Express Agency, Incorporated The East Broad Top Railroad and Coal Company All of the foregoing are "carrier employers" under the Railroad Retire­ ment Act and the Railroad Unemployment Insurance Act. With the excep­ tion of The East Broad Top Railroad and Coal Company, which was admitted to membership in April 1937> all of the foregoing have been members of the Association since its organization in April 1921. The duties, func­ tions and activities of the Association are "to analyze all resolutions and bills introduced and take measures to protect the railroads against enactment of vicious adverse legislation and at the same time aid in the passage of legislation which not only protects the railroads, but the public as well." The Association is controlled by the members, each carrier having one vote. Funds necessary for the Association's opera­ tions are obtained by assessment on the members of the Association "on the pro-rata basis of the percentage of the mileage of each road to the total mileage in the State of Pennsylvania, compiled from mileage fig­ ures furnished annually - 'Total miles of first track owned and in addition thereto the miles leased and exclusively operated in the State of Pennsylvania.1" In view of the foregoing, it is my opinion that the Associated Railroads of Pennsylvania is a railroad association controlled and main­ tained wholly or principally by two or more "carrier employers" under the Railroad Retirement Act and the Railroad Unemployment Insurance Act and is engaged in the performance of services in connection with or incidental to railroad transportation and is, therefore, an "employer" under those Acts. 'Since it was an "employer" on August 29, 1935, serv­ ice to it is creditable under the Railroad Retirement Act from April 2, 1921, the date of its organization, to date. Joseph H. Freehill General Counsel.