49 U.S.C. § 42112 — Labor requirements of air carriers

Page 1205 TITLE 49—TRANSPORTATION § 42112 1 Subchapter I repealed by Pub.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 [SUBCHAPTER I—REPEALED] [§§ 42101 to 42106. Repealed.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. SUBCHAPTER II—MUTUAL AID AGREE- MENTS AND LABOR REQUIREMENTS OF AIR CARRIERS § 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 transpor- tation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Sec- retary under section 41309 of this title. Notwith- standing section 41309, the Secretary shall ap- prove 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 dur- ing the first 30 days of a strike; and (3) on request of the striking employees, the dispute will be submitted to binding arbitra- tion under the Railway Labor Act (45 U.S.C. 151 et seq.). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1160.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 42111 .......... 49 App.:1382(c). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 412(c); added Oct. 24, 1978, Pub. L. 95–504, § 29(a), 92 Stat. 1730; Feb. 15, 1980, Pub. L. 96–192, § 11(2), 94 Stat. 39; Oct. 4, 1984, Pub. L. 98–443, § 9(s), 98 Stat. 1708. 49 App.:1551(b)(1)(C) (related to 49 App.:1382(c)). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(C) (related to § 412(c)); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, § 4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, § 3(a), 98 Stat. 1703. In this section, before clause (1), the text of 49 App.:1382(c)(1) is omitted as executed. The words ‘‘For purposes of this subsection, the term . . . (A) ‘mutual aid agreement’ means’’ are omitted because of the re- statement. The words ‘‘contract or’’, ‘‘which are par- ties to such contract or agreement’’, and ‘‘during which’’ are omitted as surplus. The word ‘‘providing’’ is substituted for ‘‘engaging in’’ for consistency. The words ‘‘service in’’ are omitted as surplus. The words ‘‘No air carrier shall enter into any mutual aid agree- ment with any other air carrier’’ are omitted as sur- plus. In clause (1), the words ‘‘For purposes of this sub- section, the term . . . (B) ‘direct operating expenses’ includes’’ are omitted because of the restatement. The words ‘‘for any period’’ and ‘‘during such period’’ are omitted as surplus. In clause (2), the words ‘‘under the agreement’’ and ‘‘during any labor strike’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT The Railway Labor Act, referred to in par. (3), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Rail- roads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. § 42112. Labor requirements of air carriers (a) DEFINITIONS.—In this section— (1) ‘‘copilot’’ means an employee whose du- ties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in effect an airman certifi- cate authorizing the employee to serve as, a copilot. (2) ‘‘pilot’’ means an employee who is— (A) responsible for manipulating or who manipulates the flight controls of an air- craft when under way, including the landing and takeoff of an aircraft; and (B) qualified to serve as, and has in effect an airman certificate authorizing the em- ployee to serve as, a pilot. (b) DUTIES OF AIR CARRIERS.—An air carrier shall— (1) maintain rates of compensation, max- imum hours, and other working conditions and relations for its pilots and copilots who are providing interstate air transportation in the Page 1206 TITLE 49—TRANSPORTATION § 42121 48 contiguous States and the District of Co- lumbia to conform with decision number 83, May 10, 1934, National Labor Board, notwith- standing any limitation in that decision on the period of its effectiveness; (2) maintain rates of compensation for its pi- lots and copilots who are providing foreign air transportation or air transportation only in one territory or possession of the United States; and (3) comply with title II of the Railway Labor Act (45 U.S.C. 181 et seq.) as long as it holds its certificate. (c) MINIMUM ANNUAL RATE OF COMPENSATION.— A minimum annual rate under subsection (b)(2) of this section may not be less than the annual rate required to be paid for comparable service to a pilot or copilot under subsection (b)(1) of this section. (d) COLLECTIVE BARGAINING.—This section does not prevent pilots or copilots of an air carrier from obtaining by collective bargaining higher rates of compensation or more favorable work- ing conditions or relations. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1160.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 42112(a) ...... 49 App.:1371(k)(5). Aug. 23, 1958, Pub. L. 85–726, § 401(k), 72 Stat. 756. 42112(b), (c) 49 App.:1371(k)(1), (2), (4). 42112(d) ...... 49 App.:1371(k)(3). In subsection (a), the words ‘‘properly’’ and ‘‘cur- rently’’ are omitted as surplus. In subsection (b), the word ‘‘providing’’ is substituted for ‘‘engaged in’’ for consistency in the revised title. In clause (1), the words ‘‘48 contiguous States and the Dis- trict of Columbia’’ are substituted for ‘‘the continental United States (not including Alaska)’’ for clarity and consistency in the revised title. In clause (2), the words ‘‘overseas or’’ are omitted as obsolete. The word ‘‘only’’ is substituted for ‘‘wholly’’ for consistency. In clause (3), the words ‘‘as long as it holds’’ are substituted for ‘‘upon the holding’’ for clarity. In subsection (c), the words ‘‘under subsection (b)(1) of this section’’ are substituted for ‘‘said decision 83 . . . engaged in interstate air transportation within the continental United States (not including Alaska)’’ to eliminate unnecessary words. In subsection (d), the words ‘‘or other employees’’ are omitted as unnecessary because this section only ap- plies to pilots and copilots. Editorial Notes REFERENCES IN TEXT The Railway Labor Act, referred to in subsec. (b)(3), is act May 20, 1926, ch. 347, 44 Stat. 577. Title II of the Act was added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is classified generally to subchapter II (§ 181 et seq.) of chapter 8 of Title 45, Railroads. For complete classi- fication of this Act to the Code, see section 151 of Title 45 and Tables. Statutory Notes and Related Subsidiaries LABOR INTEGRATION Pub. L. 110–161, div. K, title I, § 117, Dec. 26, 2007, 121 Stat. 2382, provided that: ‘‘(a) LABOR INTEGRATION.—With respect to any cov- ered transaction involving two or more covered air car- riers that results in the combination of crafts or class- es that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered em- ployees of the covered air carriers; except that— ‘‘(1) if the same collective bargaining agent rep- resents the combining crafts or classes at each of the covered air carriers, that collective bargaining agent’s internal policies regarding integration, if any, will not be affected by and will supersede the re- quirements of this section; and ‘‘(2) the requirements of any collective bargaining agreement that may be applicable to the terms of in- tegration involving covered employees of a covered air carrier shall not be affected by the requirements of this section as to the employees covered by that agreement, so long as those provisions allow for the protections afforded by sections 3 and 13 of the Alle- gheny-Mohawk provisions. ‘‘(b) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) AIR CARRIER.—The term ‘air carrier’ means an air carrier that holds a certificate issued under chap- ter 411 of title 49, United States Code. ‘‘(2) COVERED AIR CARRIER.—The term ‘covered air carrier’ means an air carrier that is involved in a cov- ered transaction. ‘‘(3) COVERED EMPLOYEE.—The term ‘covered em- ployee’ means an employee who— ‘‘(A) is not a temporary employee; and ‘‘(B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.). ‘‘(4) COVERED TRANSACTION.—The term ‘covered transaction’ means— ‘‘(A) a transaction for the combination of mul- tiple air carriers into a single air carrier; and which ‘‘(B) involves the transfer of ownership or control of— ‘‘(i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or ‘‘(ii) 50 percent or more (by value) of the assets of the air carrier. ‘‘(c) APPLICATION.—This section shall not apply to any covered transaction involving a covered air carrier that took place before the date of enactment of this Act [Dec. 26, 2007]. ‘‘(d) EFFECTIVENESS OF PROVISION.—This section shall become effective on the date of enactment of this Act and shall continue in effect in fiscal years after fiscal year 2008.’’ SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM § 42121. Protection of employees providing air safety information (a) PROHIBITED DISCRIMINATION.—A holder of a certificate under section 44704 or 44705 of this title, or a contractor, subcontractor, or supplier of such holder, may not discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, condi- tions, or privileges of employment because the employee (or any person acting pursuant to a re- quest of the employee)— (1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the em- ployer or Federal Government information re- lating to any violation or alleged violation of any order, regulation, or standard of the Fed- eral Aviation Administration or any other provision of Federal law relating to aviation safety under this subtitle or any other law of the United States;