CHAPTER 421 -- LABOR-MANAGEMENT PROVISIONS SUBCHAPTER I -- EMPLOYEE PROTECTION PROGRAM 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 I -- EMPLOYEE PROTECTION PROGRAM Sec. 42101. Definitions (a) General. -- In this subchapter -- (1) "eligible protected employee" means a protected employee who is deprived of employment, or who is adversely affected related to compensation, because of a qualifying dislocation. (2) "major contraction" means a reduction (except as provided in subsection (b) of this section) of at least 7.5 percent in the number of full-time employees of an air carrier within a 12-month period, except for employees deprived of employment because of a strike or whose employment is ended for cause. (3) "protected employee" means an individual who on October 24, 1978, had been employed for at least 4 years by an air carrier that held a certificate under section 401 of the Federal Aviation Act of 1958, but does not include a director or officer of a corporation. (4) "qualifying dislocation" means a bankruptcy or major contraction of an air carrier holding a certificate under section 41102 of this title when the Secretary of Transportation finds the bankruptcy or contraction occurred after December 31, 1978, and before January 1, 1989, the major cause of which was the change in regulatory structure provided by the Airline Deregulation Act of 1978. (b) Major Contraction. -- The Secretary may find a reduction of less than 7.5 percent of the number of full-time employees is part of a major contraction if the Secretary decides another reduction is likely to occur within the 12-month period in which the first reduction occurs that, when included with the first reduction, will result in a total reduction of more than 7.5 percent. Sec. 42102. Payments to eligible protected employees (a) Authority To Pay and Applications for Payments. -- Subject to amounts provided in an appropriation law, the Secretary of Labor shall make monthly assistance payments, moving expense payments, and reimbursement payments as provided under this section to an eligible protected employee whose employment is not ended for cause. The employee must apply to receive the payments and cooperate with the Secretary in finding other employment. (b) Number and Amount of Payments. -- (1) Subject to amounts provided in an appropriation law, an eligible protected employee shall receive 72 monthly assistance payments. However, an eligible protected employee deprived of employment may not receive a payment after obtaining other employment. For each class or craft of protected employees, the Secretary of Labor, after consulting with the Secretary of Transportation, shall prescribe by regulation guidelines for computing the amount of each monthly assistance payment to be made to a member of the class or craft and what percentage of salary that payment represents. (2) The amount of a monthly payment payable under paragraph (1) of this subsection to an eligible protected employee shall be reduced -- (A) by unemployment compensation the employee receives; or (B) if the employee does not accept reasonably comparable employment, to an amount the employee would be entitled to receive if the employee had accepted the employment. (3) If accepting comparable employment to avoid a reduction in the monthly assistance payment under paragraph (2) of this subsection would force an eligible protected employee to relocate, the employee may decide not to relocate. Instead of the payments provided under this section, the employee may receive the lesser of 3 payments or the maximum number of payments that remain to be paid under paragraph (1) of this subsection. (c) Moving Expenses and Reimbursements. -- (1) Subject to amounts provided in an appropriation law, an eligible protected employee who relocates shall receive -- (A) reasonable moving expense payments to move the employee and the employee's immediate family; and (B) reimbursement payments for a loss incurred in selling the employee's principal place of residence for less than fair market value or in cancelling a lease on, or contract to buy, the residence. (2) The Secretary of Labor shall decide on the amount of the moving expenses and the fair market value of the residence. Sec. 42103. Duty to hire protected employees (a) Rehiring Protected Employees. -- A protected employee of an air carrier regulated by the Secretary of Transportation who was furloughed or whose employment was ended by the carrier (except for cause) before October 23, 1988, is entitled to be the first employed in the occupational specialty of the employee, regardless of the employee's age, by any other air carrier holding a certificate under section 41102 of this title before October 24, 1978. However, the air carrier may recall its furloughed employees before hiring a protected employee of another air carrier regulated by the Secretary who was furloughed or whose employment was ended by the other carrier (except for cause) before October 23, 1988. An employee hired by an air carrier under this section retains seniority and recall rights with the air carrier that furloughed or ended the employment of the employee. (b) Duties of Secretary of Labor. -- The Secretary of Labor -- (1) shall establish and publish periodically a list of jobs available with an air carrier holding a certificate under section 41102 of this title that includes necessary information and detail; (2) shall assist eligible protected employees to find other employment; (3) shall encourage negotiations between air carriers and representatives of employees on rehiring practices and seniority; and (4) may require an air carrier to file with the Secretary information necessary to carry out this section. Sec. 42104. Congressional review of regulations (a) Definition. -- In this section, "legislative day" means a calendar day on which both Houses of Congress are in session. (b) Submission to Congress. -- The Secretary of Labor may not prescribe a regulation under this subchapter until 30 legislative days after the regulation is submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives. (c) Effectiveness of Regulations. -- A proposed regulation under this subchapter shall be submitted to Congress and becomes effective only if, during the period of 60 legislative days after the regulation is submitted to Congress, either House does not pass a resolution disapproving the regulation. However, if Congress adopts a resolution approving the regulation during the 60-day period, the regulation is effective on that date. Sec. 42105. Airline Employees Protective Account The Department of Labor has an Airline Employees Protective Account consisting of amounts appropriated to it. An amount necessary to carry out this subchapter, including administrative expenses, may be appropriated to the Account annually. Sec. 42106. Ending effective date This subchapter is not effective after the last day the Secretary of Labor must make a payment under this subchapter. SUBCHAPTER II -- MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS Sec. 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. 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.). Sec. 42112. Labor requirements of air carriers (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.