Adams

Portland Electric Power Company, here called Power, for many years prior to 1930, operated an electric generation and transmission business, city traction lines, and an interurban railway line. In 1930, Portland General Electric Company, here called Electric, was organized as a wholly owned subsidiary of Power and all the electric utility properties and operations of Power were transferred to it. Two years later the city traction lines were turned over to Portland Traction Company, here called Traction, also a wholly owned subsidiary of Power.

From August 29, 1935, when the Railroad Retirement Act of 1935, 49 Stat. 967 -973, was passed, until August 29, 1946, Power was an “employer” under the Railroad Retirement Act. This was because of its operation of the interurban line which had physical connections and exchanged service with certain steam railroads. Petitioners, 88 in number out of a group of 600 persons similarly situated, are employees or former employees on the payroll of Electric. They asserted in the proceeding in which the Board’s decision was rendered, that they were employees of Power and “employees” under the Act. This claim was predicated upon the fact that after…