US (United States) Code. Title 49. Subtitle VII. Part A. Chapter 421: Labor-management provisions

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

-HEAD-

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

-MISC1-

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, Sec. 519(b), Apr. 5, 2000, 114

Stat. 149, added heading for subchapter III and item 42121.

-FOOTNOTE-

(!1) Subchapter I repealed by Pub. L. 105-220 without

corresponding amendment of chapter analysis.

-End-

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49 USC [SUBCHAPTER I - REPEALED] 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

[SUBCHAPTER I - REPEALED]

-HEAD-

[SUBCHAPTER I - REPEALED]

-End-

-CITE-

49 USC Secs. 42101 to 42106 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

[SUBCHAPTER I - REPEALED]

-HEAD-

[Secs. 42101 to 42106. Repealed. Pub. L. 105-220, title I, Sec.

199(a)(6), Aug. 7, 1998, 112 Stat. 1059]

-MISC1-

Section 42101, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1157, defined terms in subchapter.

Section 42102, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1158, related to payments to eligible protected employees.

Section 42103, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1159, related to duty to hire protected employees.

Section 42104, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1159; Pub. L. 104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat.

3389, related to congressional review of regulations.

Section 42105, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1160, related to Airline Employees Protective Account.

Section 42106, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1160, provided ending effective date for subchapter.

-End-

-CITE-

49 USC SUBCHAPTER II - MUTUAL AID AGREEMENTS AND LABOR

REQUIREMENTS OF AIR CARRIERS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

SUBCHAPTER II - MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR

CARRIERS

-HEAD-

SUBCHAPTER II - MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR

CARRIERS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 40109, 41110, 46301 of

this title.

-End-

-CITE-

49 USC Sec. 42111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

SUBCHAPTER II - MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR

CARRIERS

-HEAD-

Sec. 42111. Mutual aid agreements

-STATUTE-

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. 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 et seq.).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1160.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

42111 49 App.:1382(c). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

412(c); added Oct. 24, 1978,

Pub. L. 95-504, Sec. 29(a),

92 Stat. 1730; Feb. 15,

1980, Pub. L. 96-192, Sec.

11(2), 94 Stat. 39; Oct. 4,

1984, Pub. L. 98-443, Sec.

9(s), 98 Stat. 1708.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(C) 85-726, 72 Stat. 731, Sec.

(related to 49 1601(b)(1)(C) (related to

App.:1382(c)). Sec. 412(c)); added Oct. 24,

1978, Pub. L. 95-504, Sec.

40(a), 92 Stat. 1745; Oct.

14, 1982, Pub. L. 97-309,

Sec. 4(b), 96 Stat. 1454;

Oct. 4, 1984, Pub. L.

98-443, Sec. 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 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.

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in par. (3), is act May 20,

1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.

For complete classification of this Act to the Code, see section

151 of Title 45 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41101, 41308, 41503,

41710 of this title.

-End-

-CITE-

49 USC Sec. 42112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

SUBCHAPTER II - MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR

CARRIERS

-HEAD-

Sec. 42112. Labor requirements of air carriers

-STATUTE-

(a) Definitions. - In this section -

(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) Duties of Air Carriers. - An air carrier shall -

(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 (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 working

conditions or relations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1160.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

42112(a) 49 App.:1371(k)(5). Aug. 23, 1958, Pub. L.

85-726, Sec. 401(k), 72

Stat. 756.

42112(b), 49 App.:1371(k)(1),

(c) (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.

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in subsec. (b)(3), is act May

20, 1926, ch. 347, 44 Stat. 577, as amended. Title II of the Act

was added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is

classified generally to subchapter II (Sec. 181 et seq.) of chapter

8 of Title 45, Railroads. For complete classification of this Act

to the Code, see section 151 of Title 45 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 40109 of this title; title

39 section 5402.

-End-

-CITE-

49 USC SUBCHAPTER III - WHISTLEBLOWER PROTECTION PROGRAM 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

SUBCHAPTER III - WHISTLEBLOWER PROTECTION PROGRAM

-HEAD-

SUBCHAPTER III - WHISTLEBLOWER PROTECTION PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 46301 of this title.

-End-

-CITE-

49 USC Sec. 42121 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart ii - economic regulation

CHAPTER 421 - LABOR-MANAGEMENT PROVISIONS

SUBCHAPTER III - WHISTLEBLOWER PROTECTION PROGRAM

-HEAD-

Sec. 42121. Protection of employees providing air safety

information

-STATUTE-

(a) Discrimination Against Airline Employees. - No air carrier or

contractor or subcontractor of an air carrier may discharge an

employee or otherwise discriminate against an employee with respect

to compensation, terms, conditions, or privileges of employment

because the employee (or any person acting pursuant to a request 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 employer or Federal Government information relating to any

violation or alleged violation of any order, regulation, or

standard of the Federal Aviation Administration or any other

provision of Federal law relating to air carrier safety under

this subtitle or any other law of the United States;

(2) has filed, caused to be filed, or is about to file (with

any knowledge of the employer) or cause to be filed a proceeding

relating to any violation or alleged violation of any order,

regulation, or standard of the Federal Aviation Administration or

any other provision of Federal law relating to air carrier safety

under this subtitle or any other law of the United States;

(3) testified or is about to testify in such a proceeding; or

(4) assisted or participated or is about to assist or

participate in such a proceeding.

(b) Department of Labor Complaint Procedure. -

(1) Filing and notification. - A person who believes that he or

she has been discharged or otherwise discriminated against by any

person in violation of subsection (a) may, not later than 90 days

after the date on which such violation occurs, file (or have any

person file on his or her behalf) a complaint with the Secretary

of Labor alleging such discharge or discrimination. Upon receipt

of such a complaint, the Secretary of Labor shall notify, in

writing, the person named in the complaint and the Administrator

of the Federal Aviation Administration of the filing of the

complaint, of the allegations contained in the complaint, of the

substance of evidence supporting the complaint, and of the

opportunities that will be afforded to such person under

paragraph (2).

(2) Investigation; preliminary order. -

(A) In general. - Not later than 60 days after the date of

receipt of a complaint filed under paragraph (1) and after

affording the person named in the complaint an opportunity to

submit to the Secretary of Labor a written response to the

complaint and an opportunity to meet with a representative of

the Secretary to present statements from witnesses, the

Secretary of Labor shall conduct an investigation and determine

whether there is reasonable cause to believe that the complaint

has merit and notify, in writing, the complainant and the

person alleged to have committed a violation of subsection (a)

of the Secretary's findings. If the Secretary of Labor

concludes that there is a reasonable cause to believe that a

violation of subsection (a) has occurred, the Secretary shall

accompany the Secretary's findings with a preliminary order

providing the relief prescribed by paragraph (3)(B). Not later

than 30 days after the date of notification of findings under

this paragraph, either the person alleged to have committed the

violation or the complainant may file objections to the

findings or preliminary order, or both, and request a hearing

on the record. The filing of such objections shall not operate

to stay any reinstatement remedy contained in the preliminary

order. Such hearings shall be conducted expeditiously. If a

hearing is not requested in such 30-day period, the preliminary

order shall be deemed a final order that is not subject to

judicial review.

(B) Requirements. -

(i) Required showing by complainant. - The Secretary of

Labor shall dismiss a complaint filed under this subsection

and shall not conduct an investigation otherwise required

under subparagraph (A) unless the complainant makes a prima

facie showing that any behavior described in paragraphs (1)

through (4) of subsection (a) was a contributing factor in

the unfavorable personnel action alleged in the complaint.

(ii) Showing by employer. - Notwithstanding a finding by

the Secretary that the complainant has made the showing

required under clause (i), no investigation otherwise

required under subparagraph (A) shall be conducted if the

employer demonstrates, by clear and convincing evidence, that

the employer would have taken the same unfavorable personnel

action in the absence of that behavior.

(iii) Criteria for determination by secretary. - The

Secretary may determine that a violation of subsection (a)

has occurred only if the complainant demonstrates that any

behavior described in paragraphs (1) through (4) of

subsection (a) was a contributing factor in the unfavorable

personnel action alleged in the complaint.

(iv) Prohibition. - Relief may not be ordered under

subparagraph (A) if the employer demonstrates by clear and

convincing evidence that the employer would have taken the

same unfavorable personnel action in the absence of that

behavior.

(3) Final order. -

(A) Deadline for issuance; settlement agreements. - Not later

than 120 days after the date of conclusion of a hearing under

paragraph (2), the Secretary of Labor shall issue a final order

providing the relief prescribed by this paragraph or denying

the complaint. At any time before issuance of a final order, a

proceeding under this subsection may be terminated on the basis

of a settlement agreement entered into by the Secretary of

Labor, the complainant, and the person alleged to have

committed the violation.

(B) Remedy. - If, in response to a complaint filed under

paragraph (1), the Secretary of Labor determines that a

violation of subsection (a) has occurred, the Secretary of

Labor shall order the person who committed such violation to -

(i) take affirmative action to abate the violation;

(ii) reinstate the complainant to his or her former

position together with the compensation (including back pay)

and restore the terms, conditions, and privileges associated

with his or her employment; and

(iii) provide compensatory damages to the complainant.

If such an order is issued under this paragraph, the Secretary

of Labor, at the request of the complainant, shall assess

against the person against whom the order is issued a sum equal

to the aggregate amount of all costs and expenses (including

attorneys' and expert witness fees) reasonably incurred, as

determined by the Secretary of Labor, by the complainant for,

or in connection with, the bringing the complaint upon which

the order was issued.

(C) Frivolous complaints. - If the Secretary of Labor finds

that a complaint under paragraph (1) is frivolous or has been

brought in bad faith, the Secretary of Labor may award to the

prevailing employer a reasonable attorney's fee not exceeding

$1,000.

(4) Review. -

(A) Appeal to court of appeals. - Any person adversely

affected or aggrieved by an order issued under paragraph (3)

may obtain review of the order in the United States Court of

Appeals for the circuit in which the violation, with respect to

which the order was issued, allegedly occurred or the circuit

in which the complainant resided on the date of such violation.

The petition for review must be filed not later than 60 days

after the date of the issuance of the final order of the

Secretary of Labor. Review shall conform to chapter 7 of title

5, United States Code. The commencement of proceedings under

this subparagraph shall not, unless ordered by the court,

operate as a stay of the order.

(B) Limitation on collateral attack. - An order of the

Secretary of Labor with respect to which review could have been

obtained under subparagraph (A) shall not be subject to

judicial review in any criminal or other civil proceeding.

(5) Enforcement of order by secretary of labor. - Whenever any

person has failed to comply with an order issued under paragraph

(3), the Secretary of Labor may file a civil action in the United

States district court for the district in which the violation was

found to occur to enforce such order. In actions brought under

this paragraph, the district courts shall have jurisdiction to

grant all appropriate relief including, but not limited to,

injunctive relief and compensatory damages.

(6) Enforcement of order by parties. -

(A) Commencement of action. - A person on whose behalf an

order was issued under paragraph (3) may commence a civil

action against the person to whom such order was issued to

require compliance with such order. The appropriate United

States district court shall have jurisdiction, without regard

to the amount in controversy or the citizenship of the parties,

to enforce such order.

(B) Attorney fees. - The court, in issuing any final order

under this paragraph, may award costs of litigation (including

reasonable attorney and expert witness fees) to any party

whenever the court determines such award is appropriate.

(c) Mandamus. - Any nondiscretionary duty imposed by this section

shall be enforceable in a mandamus proceeding brought under section

1361 of title 28, United States Code.

(d) Nonapplicability to Deliberate Violations. - Subsection (a)

shall not apply with respect to an employee of an air carrier,

contractor, or subcontractor who, acting without direction from

such air carrier, contractor, or subcontractor (or such person's

agent), deliberately causes a violation of any requirement relating

to air carrier safety under this subtitle or any other law of the

United States.

(e) Contractor Defined. - In this section, the term "contractor"

means a company that performs safety-sensitive functions by

contract for an air carrier.

-SOURCE-

(Added Pub. L. 106-181, title V, Sec. 519(a), Apr. 5, 2000, 114

Stat. 145.)

-MISC1-

EFFECTIVE DATE

Subchapter applicable only to fiscal years beginning after Sept.

30, 1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1514A.

-End-

-CITE-

49 USC subpart iii - safety 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

-HEAD-

SUBPART III - SAFETY

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 40101, 40102 of this

title.

-End-