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TABLE OF CONTENTS
ity to supervise and direct the manner of rendition of his service, for which service he receives compensation.
(e) The term "effective date" means March 1, 1936.
(f) The term "enactment" means the date on which this Act may be approved by the President or finally passed.
Art. 3. Definitions of "employee".—When used in these regulations, the term employee means a person who at any time after August 28, 1935, performs services for a carrier in an employment as defined in article 4. However, the relationship between the person who performs such services and the carrier must, as to those services, be the legal relationship of employer and employee. The words "employ", "employer", and "employee" are to be taken in their ordinary meaning. In any doubtful case, the question of whether such relationship exists will be determined upon examination of the facts.
An individual in the employ of a carrier, and the relationship of the employer and employee exists, if he is subject to the continuing authority of the carrier to supervise and direct the manner of rendition of his services and if he receives remuneration for such services. An employee as such is subject to the will and control of the carrier not only as to what shall be done but how it shall be done. It is not necessary that the carrier actually direct or control the manner in which the services are performed; it is sufficient if the carrier has the right to do so. The right to discharge an individual is also an important factor indicating that the carrier possessing that right is an employer and the individual who performs the services. In general, if an individual is subject to the control or direction of a carrier merely as to the result to be accomplished by the work and not as to the means and methods for accomplishing the result, he is an independent contractor. An individual performing services as an independent contractor is not as to such services as an employee.
Generally, an individual performing services as a physician, lawyer, dentist, veterinarian, contractor, subcontractor, public stenographer, or auctioneer, who follows an independent profession, trade, or business in which he offers his services to the public, in an independent contractor. Such individual, however, may be an employee, and in any doubtful case the determination will be made as provided in this article.
If the relationship of employer and employee exists, the designation or description of the relationship by the parties as anything other than that of employer and employee is immaterial. Thus, if such relationship exists, it is of no consequence that the employee is designated as a partner, co-adventurer, agent, or independent contractor. If such relationship exists, the fact that services are performed on a part-time basis is immaterial. The measurement, method, or designation of remuneration is immaterial if the individual is in fact an employee. The age of the individual is immaterial. The place where the contract for services is entered into and the citizenship or residence of the individual are immaterial.
The Act makes no distinction between classes or grades of employees. Thus, superintendents, managers, and other superior employees are employees within the meaning of the term. An officer of a corporation is an employee of the corporation, but a director, as such, is not. A director may be an employee of the corporation, however, if he performs services for the corporation other than those required by attendance at and participation in meetings of the board of directors.
Art. 4. Definition of "employment."—When used in these regulations the term "employment" means service of whatever nature (whether in interstate, intrastate, or foreign commerce) performed by an employee for a carrier after August 28, 1935.
Art. 5. Definition of "representative."—When used in these regulations, the term representative means an individual whose duties after August 28, 1935, as a duly elected or designated officer, or other official of an employee organization include representative unless (or until), while in the employ of a carrier or immediately thereafter, he engaged (or engages) in representing employees.
An individual need not be exclusively engaged in so representing employees in order to be a representative. If is sufficient if his duties include such representative service. The age of the individual is immaterial. The length of the period of service as a representative is immaterial. The services may be on a part-time bases.
An individual who is a representative and who is also employed by a carrier or other person or otherwise engaged is a representative only with respect to services performed as an officer or other official representative of the employee organization.
Section 1 (d) of the act
(d) The term "compensation" means any form of money remuneration for active service, received by an employee from a carrier, including salaries and commissions, but shall not include free transportation nor any payment received on account of sickness, disability, or other form of personal relief.
