CHAPTER 195

UNEMPLOYMENT COMPENSATION COMMISSION

AN ACT TO RELIEVE CERTAIN EMPLOYERS ENGAGED IN INTERSTATE COMMERCE FROM LIABILITY TO PAY CONTRIBUTIONS WITH RESPECT TO WAGES PAYABLE FOR EMPLOYMENT OCCURRING AFTER JUNE 30, 1939, PURSUANT TO THE PROVISIONS OF THE UNEMPLOYMENT COMPENSATION LAW OF THIS STATE, TO EXCLUDE INDIVIDUALS EMPLOYED BY SUCH EMPLOYERS FROM THE SYSTEM OF UNEMPLOYMENT COMPENSATION ESTABLISHED BY THE UNEMPLOYMENT COMPENSATION LAW OF THIS STATE WITH RESPECT TO UNEMPLOYMENT OCCURRING AFTER JUNE 30, 1939, TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNDS FROM THE UNEMPLOYMENT TRUST FUND ACCOUNT OF THIS STATE IN THE UNEMPLOYMENT TRUST FUND ESTABLISHED AND MAINTAINED PURSUANT TO SECTION 904 OF THE SOCIAL SECURITY ACT OF THE CONGRESS OF THE UNITED STATE OF AMERICA, AS AMENDED, TO THE RAILROAD UNEMPLOYMENT INSURANCE ACCOUNT ESTABLISHED AND MAINTAINED PURSUANT TO SECTION 10 OF THE RAILROAD UNEMPLOYMENT INSURANCE ACT OF THE CONGRESS OF THE UNITED STATES OF AMERICA IN SAID UNEMPLOYMENT TRUST FUND AND FOR OTHER PURPOSES.

WHEREAS, by enactment of the Railroad Unemployment Insurance Act, the Congress of the United States of America has made exclusive provision for the payment of unemployment benefits for unemployment occurring after June 30, 1939, based upon employment as in said Act of Congress and as in this Act defined, Therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

DEFINITIONS

Section 1. As used in this Act, unless the context clearly requires otherwise.

(a) The term "carrier" means an express company, sleeping car company or carrier by railroad, subject to Part I of the Interstate Commerce Act of the Congress of the United States of America.

(b) The term "company" includes corporations, associations and joint stock companies.

(c) The term "employer" means any carrier (as defined in subsection (a) of this Section), and any company, which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: Provided, however, That the term "employer" shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The term "employer" shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or more employers as hereinbefore 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 of the Congress of the United States of America, and their State and National legislative committees and their general committees and their insurance departments and their local lodges and divisions, established pursuant to the constitution and by-laws of such organizations.

(d) The term "employee representative" means any officer or official representative of a railway labor organization other than a labor organization included in the term "employer" (as defined in subsection (c) of this section) who before or after August 29, 1935, was in the service of an employer (as defined in subsection (c) of this section) and who is duly authorized and designated to represent employees in accordance with the Railway Labor Act of the Congress of the United States of America, and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office.

(e) The term "employee" means any individual who is or has been (1) in the service of one or more employers for compensation, or (2) an employee representative.

(f) The term "employment" means service performed as an employee.

REFERENCE TO ACT OF CONGRESS

Section 2. Any reference in this Act to any Act of the Congress of the United States of America includes a reference to such Act of the Congress of the United States of America, as amended from time to time.

CERTAIN SERVICE PERFORMED AFTER JUNE 30, 1939, EX-
CLUDED FROM TERM "EMPLOYMENT," AS USED IN
THE UNEMPLOYMENT COMPENSATION LAW

Section 3. The term "employment," as used in the Unemployment Compensation Law of this State, shall not include service performed after June 30, 1939, for an employer as defined in this Act, and shall not include service performed after June 30, 1939, as an employee representative, as defined in this Act.

CERTAIN BENEFITS NOT TO BECOME PAYABLE AND NOT TO BE PAID PURSUANT TO THE PROVISIONS OF THE UNEMPLOYMENT COMPENSATION LAW

Section 4. No benefit shall become payable, nor shall any benefits be paid pursuant to the provisions of the Unemployment Compensation Law of this State with respect to unemployment occurring after June 30, 1939, based upon employment, as defined in this Act.

TRANSFER OF FUNDS

Section 5. Notwithstanding any requirements of Section 9 of the Unemployment Compensation Law of this State, the Unemployment Compensation Commission of Delaware shall, prior to July 1, 1939, authorize and direct the Secretary of the Treasury of the United States of America to transfer from the account of this State in the Unemployment Trust Fund, established and maintained pursuant to Section 904 of the Social Security Act of the Congress of the United States of America, as amended, to the Railroad Unemployment Insurance Account, established and maintained pursuant to Section 10 of the Railroad Unemployment Insurance Act of the Congress of the United States of America, an amount hereinafter referred to as the preliminary amount; and shall, prior to January 1, 1940, authorize and direct the Secretary of the Treasury of the United States of America to transfer from the account of this State in said Unemployment Trust Fund to said Railroad Unemployment Insurance Account an additional amount hereinafter referred to as the liquidating amount. The preliminary amount shall consist of that proportion of the balance as of June 30, 1939, in the Unemployment Compensation Fund, as established by Section 9 of the Unemployment Compensation Law of this State, as the total amount of contributions collected from employers (as the term employers is defined in this Act) and credited to the said Unemployment Compensation Fund, bears to all contributions theretofore collected under the said Unemployment Compensation Law and credited to the said Unemployment Compensation Fund. The liquidating amount shall consist of the total amount of contributions collected from employers (as the term employer is defined in this Act), pursuant to the provisions of the said Unemployment Compensation Law, during the period July 1, 1939, to December 31, 1939, inclusive.

Approved April 14, 1939.