Page:United States Statutes at Large Volume 50 Part 1.djvu/461

 436 45U.S.C.°°151- 164; Supp. 11, °° 181- 188. "Employee." Provisos. Status of local lodge employee, etc. Relationship, if on furlough, etc. Persons not deemed in employmen t rela- tionship. "Emp loyee repre- sentative ." Per sons deeme d in service of employer. Proviso. Employer not con. ducting principal busi . ness in United States. "Compensation ." Tips, etc ., n ot included. Tax r eturn. "United states." 75TH CONGRESS, 1ST SESSION-CH. 40 5 -JUNE 29, 19 37 weigh ing a nd ins pecti on bur eaus, coll ection agen cies and ot her a sso- ciations, bureaus, agencies, or organizations controlled and main- tained wholly or principally by two or more employers as herein- before defined and engaged in the performance of services in connection with or incidental to railroad transportation ; 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 legislative com- mitte es an d thei r gen eral c ommit tees and th eir i nsura nce de partm ents and their local lodges and divisions, established pursuant to the const ituti on and byla ws of such organ izatio ns. (b) The term "employee" means any person in the service of one or more employers for compensation : Provided, however, That the term "employee" shall include an employee of a local lodge or division defined as an employer in subsection (a) only if he was in the service of or in the employment relation to a carrier on or after August 29, 1935. An individual is in the employment relation to a carrier 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 accord ance with t he es tabli shed r ules and pr actic es in effec t on the carrier : Provided further, That an individual shall not be deemed to have been on August 29, 1935, in the employment relation to a carrier 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 said date, he rendered service to it in the United States. ( c) The term "empl oyee repre sentat ive" means any o ffice r or o ffi- cial representative of a railway labor organization other than a labor organization included in the term "employer" as defined in section 1 (a), who before or after the enactment hereof was in the service of an employer as defined in section 1 (a) and who is duly authorized and designated to represent employees in accordance with the Rail- way Labor Act, as amended, and any individual who is regularly assigned to or regularl y employed by such off icer or off icial repres ent- ative in con nection wit h the dutie s of his of fice. (d) 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 for compensation : Provided, however, That an individual shall be deemed to be in the service of an 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. (e) The term "compensation" means any form of money remuner- ation earned by an individual for services rendered as an employee to one or more employers, or as an employee representative, includ- ing remuneration pa id for time lost as an employee, but remunera- tion paid for time lost shall be deemed earned in the month in which such time is lost. Such term does not include tips, or the voluntary payment by an employer, without deduction from the remuneration of the employee, of the tax imposed on such employee by section 2 of this Act. Compensation which is earned during the period for which the Commissioner of Internal Rev enue shall require a return of taxes her eunder to be made a nd which is payable during t he calendar month following such period s hall be deemed to have been paid during such pe riod only. (f) The term "United States" when used in a geographical sense means the States, Alaska, Hawaii, and the District of Columbia.