As most dispatchers on the DTO are aware, the Railroad Retirement Board long ago ruled that the DTO is an employer under the Act with respect to its dispatching functions. However, the DTO has spent the last several years exhausting all legal appeals of that decision. In its recent appeal to the D.C. Circuit Court, the DTO asked the Court to hold the case in abeyance to allow DTO to petition the Surface Transportation Board. It is seeking a declaratory order from the STB regarding whether DTO is a rail carrier with respect to dispatching functions under 49 U.S.C. § 10102(5). We understand that DTO has very recently filed that petition with the STB and the STB will rule soon as to whether to take up the case. If it does establish jurisdiction and rule on the case, the DTO will have a brief timeframe in which to submit their position to the STB, followed by another brief period for an intervening party (the BRS) to respond. The good news is this process should finally bring about a conclusion to the issue in the near future.
