Page:United States Statutes at Large Volume 50 Part 1.djvu/333

 a 308 75TH CONGRESS, 1sT SESSION-CH. 382-JUNE 24, 1937 tation ; and railway labor organizations, national in scope, which have been or may be organized in accordance with the provisions of the Railway Labor Act, as amended, and their State and National legi slativ e comm ittees and t heir g eneral commit tees a nd the ir ins ur- ance departments and their local lodges and divisions, established pur- suant to the constitution and bylaws of such organizations. "Em ployee ." "(b) The term employee' means (1) any individual in the service of one or more employers for compensation, (2) any individual who is in the employment relation to one or more employers, and (3) an employee representative . The term empl oyee' shal l in clude an e m- ployee of a local lodge or division defined as an employer in subsec- tion (a) only if he was in the service of or in the employment relation to a carrier on or after the enactment date . The term emplo yee representative' means any officer or official representative of a railway labor organization other than a labor organization included in the te rm employer' as defined in section 1 (a) who before or after the enactment date was in the service of an employer as defined in section 1 (a) and who is duly authorized and designated to represent em- ployees in accordance with the Railway Labor Act, as amended, and any individual who is regularly assigned to or regularly employed by such o fficer or official represen tative in connecti on with t he duties of his office. Servi ce defi ned. "(c) An individual is in the service of an employer whether his service is rendered within or without the United States if he is sub- ject to the continuing authority of the employer to supervise and direct the manner of rendition of his service, which service he renders Proviso . for compensation : Provided, however, That an individual shall be Place of employ- ment, deemed to be in the service of an employer not conducting the princi- pal part of its business in the United States only when he is rendering service to it in the United States . Person in employ- "(d) An individual is in the employment relation to an employer meat relation. if he is on furlough, subject to call for service within or outside the United States and ready and willing to serve, or on leave of absence, or absent on account of sickness or disability ; all in accordance with Proviso. the established rules and practices in effect on the employer : Pro- Status of pe rson emplo y ed within, for vided, however, That an individual shall not be deemed to have been a United business withou t United on the enactment date in the employment relation to an employer S not conducting the principal part of its business in the United States unless during the last pay-roll period in which he rendered service to it prior to the enactment date, he rendered service to it in the United States. "United States" de- "-( e) The term United States', when used in a geographical sense, aned . means the States, Alaska, Hawaii, and the District of Columbia . "Years of service." "(f) The term years of service' shall mean the number of years an individ ual as an em ployee shall have rendere d serv ice to one o r more employers for compensation or received remuneration for time lost, and shall be computed in accordance with the provisions of section Proviso. 3 (b) : Provided, however, That where service prior to the enactment Service included. date may be included in the computation of years of service as pro- vided i n subd ivisio n (1) of sec tion 3 (b), it may be included as to service rendered to a person which was on the enactment date an employe r, irr espect ive of wheth er, at the ti me suc h serv ice wa s ren- dered, such person was an employer ; and it may also be included as to serv ice re ndered to an y expr ess co mpany, sleepi ng-car compa ny, or carrier by railroad which was a predecessor of a company which, on the enactment date, was a carrier as defined in subsection (m), irre- spective of whether, at the time such service was rendered to such predecessor, it was an employer. Twelve calendar months, consecu- tive or otherwise, in each of which an employee has rendered such