3

1

2

3

4

5

6

7

བ

8

9

10

of services in connection with or incidental to railroad

transportation; and

"(v) any railway labor organization, national in scope, which has been or may be organized in accordance with the provisions of the Railway Labor Act, as amended, and its State and National legislative committees, general committees, insurance departments, and local lodges and divisions, established pursuant to the constitution or bylaws of such organization.

"(2) Notwithstanding the provisions of subdivision (1) 11 of this subsection, the term 'employer' shall not include"(i) any company by reason of its being engaged

12

in the mining of coal, the supplying of coal to an employer where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities; and

"(ii) any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general diesel-railroad system of transportation, but shall not exclude any part of the general diesel-railroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Board, or upon complaint of any party

interested, to determine after hearing whether any line

4

1

2

3

operated by electric power falls within the terms of this paragraph.

"(b) (1) The term 'employee' means (i) any individual

4 in the service of one or more employers for compensation,

5 (ii) any individual who is in the employment relation to one

6

or more employers, and (iii) an employee representative: 7 Provided, however, That the term 'employee' shall include 8 an employee of a local lodge or division defined as an em9 ployer in subsection (a) only if he was in the service of 10 or in the employment relation to an employer as defined 11 in paragraph (i) of subsection (a) (1) on or after 12 August 29, 1935.

13

"(2) The term 'employee' shall not include any individ14 ual while such individual is engaged in the physical operations 15 consisting of the mining of coal, the preparation of coal, the 16 handling (other than movement by rail with standard rail17 road locomotives) of coal not beyond the mine tipple, or 18 the loading of coal at the tipple.

19

20

"(c) The term 'employee representative' means any 20 officer or official representative of a railway labor organization 21 other than a labor organization included in the term employer 22 as defined in subsection (a) who before or after August 29, 23 1935, was in the service of an employer as defined in subsection (a) and who is duly authorized and designated to

24

25

represent employees in accordance with the Railway Labor

5

1 Act, as amended, and any individual who is regularly assigned

2

to or regularly employed by such officer or official represent

3 ative in connection with the duties of his office.

4

"(d) (1) An individual is in the service of an employer

5 whether his service is rendered within or without the United

6 States if

7

8

9

10

11

12

13

14

15

16

17

18

“(i) (A) he is subject to the continuing authority of the employer to supervise and direct the manner of rendition of his service, or (B) he is rendering professional or technical services and is integrated into the staff of the employer, or (C) he is rendering, on the property

used in the employer's operations, personal services the rendition of which is integrated into the employer's operations; and

“(ii) he renders such service for compensation, or a method of computing the monthly compensation for such service is provided in section 3 (j).

"(2) Notwithstanding the provisions of subdivision (1)

19 of this subsection—

"(i) an individual shall be deemed to be in the service of an employer, other than a local lodge or division or a general committee of a railway-labor-organization employer, not conducting the principal part of its business in the United States only when he is rendering service to it in the United States;

6

"(ii) an individual shall be deemed to be in the service of a local lodge or division of a railway-labor

organization employer not conducting the principal part of its business in the United States only if (A) all, or substantially all, the individuals constituting the membership of such local lodge or division are employees of an employer conducting the principal part of its business in the United States; or (B) the headquarters of such local lodge or division is located in the United States; and

66

(iii) an individual shall be deemed to be in the service of a general committee of a railway-labor-organization employer not conducting the principal part of its business in the United States only if (A) he is representing a local lodge or division described in clause (A) or (B) of paragraph (ii); or (B) all, or substantially all, the individuals represented by such gen

eral committee are employees of an employer conducting the principal part of its business in the United

States; or (C) he acts in the capacity of a general chairman or an assistant general chairman of a general committee which represents individuals rendering service in the United States to an employer, but in such case if his office or headquarters is not located in the United States and the individuals represented by such

7

1 general committee are employees of an employer not

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

conducting the principal part of its business in the United States, only such proportion of the remuneration for such service shall be regarded as compensation as

the proportion which the mileage in the United States under the jurisdiction of such general committee bears to the total mileage under its jurisdiction, unless such mileage formula is inapplicable, in which case the Board

may prescribe such other formula as its finds to be equitable, and if the application of such mileage formula, or such other formula as the Board may prescribe, would result in the compensation of the individual being less than 10 per centum of his remuneration for such service

no part of such remuneration shall be regarded as

compensation.

"(3) Notwithstanding the provisions of subdivisions

17 (1) and (2) of this subsection, an individual not a citizen

18

or resident of the United States shall not be deemed to be in 19 the service of an employer when rendering service outside 20 the United States to an employer who is required under the 21 laws applicable in the place where the service is rendered to 22 employ therein, in whole or in part, citizens or residents 23 thereof. For purposes of this subdivision, the laws appli24 cable on August 29, 1935, in the place where the service is