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49 U.S.C. § 42111 — Mutual aid agreements

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 42111 — Mutual aid agreements

An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Secretary under [section 41309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41309&num=0&edition=prelim). Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that— (1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or amortization expenses; (2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and (3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.).

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Stable record: federal_law:legal_authorities:record_usc_bbf855bd184283fc8de49b4d
Source file: Laws/federal/codes/united-states-code/title-49/section-42111-mutual-aid-agreements--a5d1aab46a.md
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Source location: Title 49, Chapter 421, § 42111; chapter-421-labor-management-provisions.md

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An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Secretary under [section 41309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41309&num=0&edition=prelim). Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that— (1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or amortization expenses; (2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and (3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.).

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 151 — Definitions; short title

When used in this chapter and for the purposes of this chapter—

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41309 — Cooperative agreements and requests

**(a) Filing.—** An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier. **(b) Approval.—** The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove— (1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that— (A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and (B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or (2) an agreement that— (A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and (B) governs the compensation the carrier may receive for the transportation. **(c) Notice and Opportunity To Respond or for Hearing.—** (1) When an agreement, request, modification, or cancellation is

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 151 — Definitions; short title

Page 8 TITLE 45—RAILROADS § 126 1 So in original. Section 124, act July 15, 1913, ch. 6, § 11, 38 Stat. 108, related to constitution of United States Board of Medi- ation and Conciliation. See section 151 et seq. of this title. Section 125, act July 15, 1913, ch. 6, § 11, 38 Stat. 108, related to repeal of certain prior law. § 126. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section, act Dec. 15, 1921, ch. 1, § 1, 42 Stat. 328, abol- ished offices of Commissioner and Assistant Commis- sioner of Mediation and Conciliation. CHAPTER 7—ADJUSTMENT BOARDS AND LABOR BOARDS §§ 131 to 146. Repealed. May 20, 1926, ch. 347, § 14, 44 Stat. 587 Section 131, act Feb. 28, 1920, ch. 91, § 300, 41 Stat. 469, defined terms for purposes of this chapter. See section 151 et seq. of this title. Section 132, act Feb. 28, 1920, ch. 91, § 301, 41 Stat. 469, related to disputes between carriers and their officers, agents, and employees. See section 151 et seq. of this title. Section 133, act Feb. 28, 1920, ch. 91, § 302, 41 Stat. 469, related to establishment of railroad boards of labor ad- justment. See section 151 et seq. of this title. Section 134, act Feb. 28, 1920, ch. 91, § 303, 41 Stat. 469, related to duty of boards to hear and decide disputes. See section 151 et seq. of this title. Section 135, act Feb. 28, 1920, ch. 91, § 304, 41 Stat. 470, related to establishment and composition of Railroad Labor Board. See section 151 et seq. of this title. Section 136, act Feb. 28, 1920, ch. 91, § 305, 41 Stat. 470, related to selection of members of board by President. See section 151 et seq. of this title. Section 137, act Feb. 28, 1920, ch. 91, § 306, 41 Stat. 470, related to effect of subsequent ineligibility of certain members. See section 151

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 42111 — Mutual aid agreements

Page 1205 TITLE 49—TRANSPORTATION § 42112 1 Subchapter I repealed by Pub. L. 105–220 without cor- responding amendment of chapter analysis. [§ 41912. Renumbered § 41908] CHAPTER 421—LABOR-MANAGEMENT PROVISIONS SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM 1 Sec. 42101. Definitions. 42102. Payments to eligible protected employees. 42103. Duty to hire protected employees. 42104. Congressional review of regulations. 42105. Airline Employees Protective Account. 42106. Ending effective date. SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS 42111. Mutual aid agreements. 42112. Labor requirements of air carriers. SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM 42121. Protection of employees providing air safety information. AMENDMENTS 2000—Pub. L. 106–181, title V, § 519(b), Apr. 5, 2000, 114 Stat. 149, added heading for subchapter III and item 42121. [SUBCHAPTER I—REPEALED] [§§ 42101 to 42106. Repealed. Pub. L. 105–220, title I, § 199(a)(6), Aug. 7, 1998, 112 Stat. 1059] Section 42101, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1157, defined terms in subchapter. Section 42102, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1158, related to payments to eligible protected employees. Section 42103, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1159, related to duty to hire protected employees. Section 42104, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1159; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389, related to congressional review of regulations. Section 42105, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1160, related to Airline Employees Protective Ac- count. Section 42106, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1160, provided ending effective date for sub- chapter. SUB

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