[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1479 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1479
To require procedures that ensure the fair and equitable resolution of
labor integration issues in transactions for the combination of air
carriers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2001
Mr. Bond introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require procedures that ensure the fair and equitable resolution of
labor integration issues in transactions for the combination of air
carriers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Workers Fairness Act''.
SEC. 2. FAIR AND EQUITABLE RESOLUTION OF LABOR INTEGRATION ISSUES.
(a) Purpose.--The purpose of this section is require procedures
that ensure the fair and equitable resolution of labor integration
issues, in order to prevent further disruption to transactions for the
combination of air carriers, which would potentially aggravate the
disruption caused by the attack on the United States on September 11,
2001.
(b) Definitions.--In this Act:
(1) Air carrier.--The term ``air carrier'' means an air
carrier that holds a certificate issued under chapter 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 covered transaction.
(3) Covered employee.--The term ``covered employee'' 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 transaction that--
(A) is a transaction for the combination of
multiple air carriers into a single air carrier;
(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) was pending or had been completed during the
period beginning on January 1, 2001 and ending on
September 11, 2001; and
(D) did not result in the creation of a single air
carrier by September 11, 2001.
(c) Seniority Integration.--In any covered transaction involving a
covered air carrier that leads to the combination of crafts or classes
that are subject to the Railway Labor Act, sections 3 and 13 of the
labor protective provisions imposed by the Civil Aeronautics Board in
the Allegheny-Mohawk merger (as published at 59 CAB 45) shall apply to
the covered employees of the covered air carrier, provided that where a
collective bargaining agreement provides for application of sections 3
and 13 in the process of seniority integration, the terms of collective
bargaining agreement shall govern the process and shall not be
abrogated.
(d) Enforcement.--Any aggrieved person (including any labor
organization that represents the person) may bring an action to enforce
this section, or the terms of any award or agreement resulting from
arbitration or a settlement relating to the requirements of this
section. The person may bring the action in an appropriate Federal
district court, determined in accordance with section 1391 of title 28,
United States Code, without regard to the amount in controversy.
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