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Re: Fallout From SMART G.M.'s Televised Self-Debate Continues
Author: Short Line Guy
Date: 11-23-2016 - 08:11
SMART is an intra-state (as opposed to an inter-state) railroad. As such, T&E employees are not covered under the Railroad Retirement Act. It isn't up to SMART management to decide who is covered and who is not. It's the mandate of the law as interpreted by the Railroad Retirement Board (RRB).
The status of a railroad's inter-state involvement can lead to some interesting outcomes. For example, the RRB held that Trinity Railway Express (Dallas-Fort Worth commuter line)) T&E workers are not covered by the Act. However, the line's dispatchers are since they dispatch BNSF freights over the line. The freight trains are in interstate commerce. The Board has ruled Santa Cruz, Big Trees & Pacific RR crews are not covered- unless they handle freight cars in mixed train service. For that duty, they are under the Act.
Crews of the NWP are obviously covered under Railroad Retirement. NWP is an interstate carrier. So I presume SMART Dispatchers, like counterparts on the Texas commuter operation, are also under the Act due to their involvement with interstate carrier operations.
The status of a railroad's inter-state involvement can lead to some interesting outcomes. For example, the RRB held that Trinity Railway Express (Dallas-Fort Worth commuter line)) T&E workers are not covered by the Act. However, the line's dispatchers are since they dispatch BNSF freights over the line. The freight trains are in interstate commerce. The Board has ruled Santa Cruz, Big Trees & Pacific RR crews are not covered- unless they handle freight cars in mixed train service. For that duty, they are under the Act.
Crews of the NWP are obviously covered under Railroad Retirement. NWP is an interstate carrier. So I presume SMART Dispatchers, like counterparts on the Texas commuter operation, are also under the Act due to their involvement with interstate carrier operations.
