SUBCHAPTER II—MUTUAL AID AGREEMENTS 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 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
(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 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42111 | 49 App.:1382(c). | Aug. 23, 1958, |
| 49 App.:1551(b)(1)(C) (related to 49 App.:1382(c)). | Aug. 23, 1958, |
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 restatement. The words "contract or", "which are parties 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 agreement with any other air carrier" are omitted as surplus. In clause (1), the words "For purposes of this subsection, 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,
§42112. Labor requirements of air carriers
(a)
(1) "copilot" means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in effect an airman certificate 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 aircraft 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 employee to serve as, a pilot.
(b)
(1) maintain rates of compensation, maximum hours, and other working conditions and relations for its pilots and copilots who are providing interstate air transportation in the 48 contiguous States and the District of Columbia to conform with decision number 83, May 10, 1934, National Labor Board, notwithstanding any limitation in that decision on the period of its effectiveness;
(2) maintain rates of compensation for its pilots 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 (
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42112(a) | 49 App.:1371(k)(5). | Aug. 23, 1958, |
| 42112(b), (c) | 49 App.:1371(k)(1), (2), (4). | |
| 42112(d) | 49 App.:1371(k)(3). |
In subsection (a), the words "properly" and "currently" 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 District 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 applies 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,
Statutory Notes and Related Subsidiaries
Labor Integration
"(a)
"(1) if the same collective bargaining agent represents 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 requirements of this section; and
"(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration 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 Allegheny-Mohawk provisions.
"(b)
"(1)
"(2)
"(3)
"(A) is not a temporary employee; and
"(B) is a member of a craft or class that is subject to the Railway Labor Act (
"(4)
"(A) a transaction for the combination of multiple 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
"(ii) 50 percent or more (by value) of the assets of the air carrier.
"(c)
"(d)