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graphs: Provided, however, That such individuals need not include in such statement or statements information that would duplicate information furnished by the applicant where such information is not peculiarly within the knowledge of such individuals.* +
58.11 Filing of exhibits. There shall be filed with the original application and with each copy thereof, as a part thereof, or in such other manner as the Commission, through appropriate agency, may authorize, the following exhibits:
(a) A copy of the proxy, authorization, or deposit agreement under which the applicant proposes to act.
(b) A copy of the applicant's charter or articles of incorporation, with amendments to date, attested by proper public authority, if the applicant is a corporation or joint-stock company, and of any contract or agreement by which the applicant was formed, if the applicant is a committee, partnership, association, or other unincorporated organization, except that when such copy has been once filed with an application, reference thereto, with subsequent amendments, if any, will suffice.
(c) A copy of any bylaws, adopted or proposed to be adopted, with amendments, if any, to date, to govern the affairs of the applicant, except that where such copy has been once filed with an application, reference thereto with subsequent amendments, if any, will suffice. +
58.12 Procedure governing application. The following procedure shall govern the execution, filing and disposition of the application:
(a) The original application shall be signed by the applicant or on his behalf by a duly authorized agent having knowledge of the matters therein set forth, and shall be verified in the manner provided by 1.3 (h) (2).
(b) The original application and six copies thereof shall be filed as provided in $ 1.23. Each copy shall be complete in itself with copies of all attachments, and shall bear the dates and signatures that appear in the origini, but the signatures in the copies may be stamped or typed and the notarial seal may be omitted.**
RATIFICATION OF APPOINTMENT AS TRUSTEE
58.50 Order of the Commission. The following special rules of procedure in SS 58.51–58.56 are hereby adopted and prescribed to govern the procedure before the Commission for ratification, under the provisions of section 77 (c) (1) of the Act of July 1, 1898, entitled “An Act to Establish a Uniform System of Bankruptcy Throughout the United States”, as amended, of appointment as trustee of a debtor's property in proceedings under that section.*** [Introduction]
#fThe source of $8 58.50 to 58.56, inclusive, is Procedure for ratification of appointment as trustee, Interstate Commerce Commission, Nov. 5, 1935.
58.51 Filing of petition. The appointee seeking such ratification shall file with the Commission a petition reciting the proceedings in court pertaining to the appointment, asking that the appointment be ratified, and giving the following information with respect to the appointee:
*For statutory citation, see note to s 58.0. *For statutory citation, see note to $ 58.0.
(a) Date and place of birth. (b) Education. (c) All past principal occupations and period covered by each.
(d) All present occupations and intentions with respect to continuation thereof during service as trustee.
(e) Whether or not the appointee, within 1 year of the date of his appointment, has been an officer, director, or employee of the debtor corporation, any subsidiary corporation, or any holding company connected therewith.
(f), All present business relations, connections, or affiliations, of any character, either direct or indirect, with any individuals, partnerships, associations, corporations, or other organization, and all such relations, connections, or affiliations of such individuals, corporations, or organizations, with the debtor or any of its affiliated interests.
(g) The names and addresses of all persons, partnerships, associations, corporations or other organizations in which the appointee or any member of his immediate family has a financial interest, direct or indirect, beneficial, contingent, or otherwise, together with a description of the nature of such interest, showing whether it is evidenced by stock certificates, notes, bonds or other securities.
(h) The names and addresses of all persons, partnerships, associations, corporations or other organizations to which the appointee is under financial obligation, direct or indirect, fixed, contingent or otherwise, in excess of $4,000 to any one person or concern, together with a description of the nature of such financial obligation, showing whether it is evidenced by book entries, notes, or otherwise.*7 [Rule 1]
58.52 Petition under oath. The original petition shall be made under oath, and shall be signed by the petitioner.** [Rule 2]
58.53 Number of copies. The original petition and six copies thereof for the use of the Commission shall be filed with the Secretary of the Commission, Washington, D. C. Each copy shall bear the dates and signatures that appear in the original and shall be complete in itself, but the signatures in the copies may be stamped or typed, and the notarial seal may be omitted. Additional copies shall be furnished as directed by the Commission.*+ [Rule 3]
[ 58.54 Form; notice accompanying petition. Petitions and statements filed by or on behalf of appointees seeking ratification of appointment as trustee shall conform to $ 1.21, and must be accompanied by notice showing service upon all parties who appeared in court in opposition to the appointment.** (Rule 4]
58.55 Consideration of petition. Upon receipt of such petition in due form, and upon receipt from the clerk of the court of a copy of the order of the court appointing the person by or on whose behalf said petition is filed trustee of the debtor's property together with a copy of any petition or petitions and other pleadings presented to the court, and of a transcript, if any, of the proceedings in court, pertaining to such appointment, the Commission will proceed to consider the petition, or will order a hearing, if a hearing shall be deemed necessary, and after such hearing will proceed to consider the petition.*+ [Rule 5]
Page 689 Page 690
58.56 Supersedure. This order (88 58.50–58.56) shall, and it does hereby, supersede the order of October 7, 1935, in the aforesaid matter.*+ (Unnumbered par.]
PARTS 60-61: EMPLOYEES
PART 60-CLASSIFICATION OF EMPLOYEES AND
ing classes to be included in term 60.8 Yard masters.
60.9 Storekeepers. 60.2 Auditors.
60.10 Division storekeepers. 60.3 Claim agents.
60.11 Supervisory station agents. 60.4 Foreman, supervisors, and road 60.12 Trunk Line Association. masters.
60.13 Subordinate officials; those now 60.5 Signal foremen.
recognized ; changes. 60.6 Train dispatchers.
Section 60.1 Hearings for purpose of determining classes to be included in term "subordinate official.” (a) It appearing that public hearing was had on March 15, 1920, "for the purpose of determining what classes of officials of carriers shall be included within the term 'subordinate official'," and the Commission having prescribed by regulation duly formulated and issued on March 23, 1920, that the term "subordinate official” shall include employees of the classes and ranks therein designated; and that, pursuant to petitions duly filed a further public hearing was had on October 1, 1920, after which the regulations aforesaid were modified on November 1, 1920, and further modified on November 24, 1920; and that, pursuant to petitions duly filed a further public hearing was had on December 5, 1923, for the purpose of determining with respect to train dispatchers and supervisory agents whether the regulations aforesaid should be modified or supplemented.
(b) It is ordered, that the Commission hereby prescribes that the term “subordinate official” shall include the following, and that the regulations in this part shall supersede the aforesaid regulations of March 23, 1920, November 1, 1920, and November 24, 1920, which are hereby set aside.**+1
**$$ 60.1 to 60.14, inclusive, issued under the authority contained in sec. 1, 44 Stat. 577, 48 Stat. 926, sec. 1, 48 Stat. 1185; 45 U.S.C. 151.
††The source of $$ 60.1 to 60.13, inclusive, (except for amendments noted in the text,) is Classes of employees that are to be included within the term "subordinate oficial", Interstate Commerce Commission, Feb. 5, 1924.
60.2 Auditors. This class shall include traveling auditors engaged in auditing station accounts, checking transportation and other papers, etc., who are not vested with discretionary power to determine the scope or character of their duties.**++
*For statutory citation, see note to 8 58.0. **For statutory and source citations, see note to 8 60.1.
60.3 Claim agents. This class shall include claim agents below the rank of assistant general claim agent or chief claim agent. It does not include the so-called “claim investigators." We are of opinion that such employees who are engaged in clerical work are not "officials of carriers."*
60.4 Foreman, supervisors, and road masters. This class shall include road masters with rank and title not higher than division road master, track supervisors, maintenance inspectors, supervisors of bridges and buildings, with rank and title below that of superintendent of bridges and buildings, supervising carpenters with rank below that of superintendent, supervisors of water supply, supervisors and inspectors of signals with rank and title below that of assistant signal engineer, and foremen or supervisors of machinists, boiler makers, blacksmiths, sheet metal workers, electricians, car men, and their helpers and apprentices, with rank and title beneath that of general foreman.*+
60.5 Signal foremen. The work defined as that of an employee or subordinate official, includes the work of signal foremen of the Union Pacific Railroad Company, northwestern district, and brings them within the term "employee."** [As amended Aug. 4, 1936, 218 I.C.C. 142]
60.6 Train dispatchers. This class shall include chief, assistant chief, trick, relief and extra dispatchers, excepting only such chief dispatchers as are actually in charge of dispatchers and telegraphers and in actual control over the movement of trains and related matters, and have substantially the authority of a superintendent with respect to those and other activities. This exception shall apply to not more than one chief dispatcher on any division.**
60.7 Technical engineers. This class shall include civil, mechanical, electrical and other technical engineers inferior in rank to engineers of maintenance of way, chief engineers, and division engineers; engineers of maintenance of way and and other technical engineers. We are of opinion that instrument men, rod men, chain men, designers, draftsmen, computers, tracers, chemists and others engaged in similar engineering or technical work are not "officials of carriers."**
60.8 Yard masters. This class shall include yard masters and assistant yard masters, excepting general yard masters at large and important switching centers where of necessity such general yard masters are vested with responsibilities and authority that stamp them as officials.**
60.9 Storekeepers. This class shall include storekeepers or foremen of stores who are not vested with authority to make purchases. It does not include general storekeepers and assistant general storekeepers.*+
60.10 Division storekeepers. The work defined as that of an employee or subordinate official, includes the work of district and division storekeepers of the Chicago and North Western Railway Company and brings them within the term "employee."*+ [As amended June 23, 1937, 222 I.C.C. 688]
Page 691 CROSS REFERENCES: For general rules of practice of the Commission, see Part 1. For regulations of the Railroad Retirement Board relating to reports, information, hearings, returns and appeals, see 20 CFR Parts 250, 260. PART 61—HOURS OF SERVICE OF RAILROAD
60.11 Supervisory station agents. The duties and responsibilities of supervisory station agents vary so widely that they can not all be consistently designated subordinate officials. This class will be subdivided, therefore, as follows:
(a) Routine duties. Supervisory station agents who, in addition to their supervisory duties, are required to perform work usually performed by telegraphers, telephone operators, ticket sellers, bookkeepers, towermen, levermen, or similar routine duties are employees and, although they may have supervision over one or more other station employees, can not be properly designated subordinate officials.
(b) Supervisory duties. Except those referred to in paragraph (c), supervisory station agents whose duties are wholly supervisory and who are not required to perform routine office work, as outlined, in paragraph (a), are designated as subordinate officials.
(c) Greater responsibilities. Supervisory station agents at large and important stations whose duties are wholly supervisory, and who are of necessity vested with greater responsibilities, duties and authority than the agents hereinbefore classed as subordinate officials, may be designated officials and excluded from the class of subordinate officials.**
60.12 Trunk Line Association. The work defined as that of an employee or subordinate official includes the work of employees of the Trunk Line Association and brings employees performing the work of said association within the term "employee."** [As amended Jan. 24, 1928, 136 I.C.C. 323]
60.13 Subordinate officials; those now recognized; changes. The above definitions include all of the classes of employees whose claims to recognition as "subordinate officials" were presented at the hearings. The list of subordinate officials above prescribed may be enlarged or restricted after due notice and hearing, if and when occasion warrants.**
60.14 Procedure. Until further order, proceedings under the Railway Retirement Act and the Railway Labor Act, as amended, shall be governed by the general rules of practice of the Commission, as far as applicable. Answers shall not be required.* [Minute of the Commission, adopted July 25, 1934]
61.100 Method and form of records to Form 1.
be kept by railroads. Form 2.
61.101 Time return and delay report. Form 3.
61.102 Daily time report. Form 4.
61.103 Dispatcher's record of train Form 5.
movements. Form 6.
61.104 Station record of train moveForm 7.
**For statutory and source citations, see note to 8 60.1.