II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Airline Workers Fair5 ness Act’’.

6 SEC. 2. FAIR AND EQUITABLE RESOLUTION OF LABOR IN7 TEGRATION ISSUES.

8 (a) PURPOSE.—The purpose of this section is require

9 procedures that ensure the fair and equitable resolution
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1 of labor integration issues, in order to prevent further dis2 ruption to transactions for the combination of air carriers,

3 which would potentially aggravate the disruption caused

4 by the attack on the United States on September 11,

5 2001.

6 (b) DEFINITIONS.—In this Act:

7 (1) AIR CARRIER.—The term ‘‘air carrier’’

8 means an air carrier that holds a certificate issued

9 under chapter 411 of title 49, United States Code.

10 (2) COVERED AIR CARRIER.—The term ‘‘cov11 ered air carrier’’ means an air carrier that is in12 volved in a covered transaction.

13 (3) COVERED EMPLOYEE.—The term ‘‘covered

14 employee’’ means an employee who—

15 (A) is not a temporary employee; and

16 (B) is a member of a craft or class that is

17 subject to the Railway Labor Act (45 U.S.C.

18 151 et seq.).

19 (4) COVERED TRANSACTION.—The term ‘‘cov20 ered transaction’’ means a transaction that—

21 (A) is a transaction for the combination of

22 multiple air carriers into a single air carrier;

23 (B) involves the transfer of ownership or

24 control of—
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1 (i) 50 percent or more of the equity

2 securities (as defined in section 101 of title

3 11, United States Code) of an air carrier;

4 or

5 (ii) 50 percent or more (by value) of

6 the assets of the air carrier;

7 (C) was pending or had been completed

8 during the period beginning on January 1,

9 2001 and ending on September 11, 2001; and

10 (D) did not result in the creation of a sin11 gle air carrier by September 11, 2001.

12 (c) SENIORITY INTEGRATION.—In any covered trans13 action involving a covered air carrier that leads to the

14 combination of crafts or classes that are subject to the

15 Railway Labor Act, sections 3 and 13 of the labor protec16 tive provisions imposed by the Civil Aeronautics Board in

17 the Allegheny-Mohawk merger (as published at 59 CAB

18 45) shall apply to the covered employees of the covered

19 air carrier, provided that where a collective bargaining

20 agreement provides for application of sections 3 and 13

21 in the process of seniority integration, the terms of collec22 tive bargaining agreement shall govern the process and

23 shall not be abrogated.

24 (d) ENFORCEMENT.—Any aggrieved person (includ25 ing any labor organization that represents the person)
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1 may bring an action to enforce this section, or the terms

2 of any award or agreement resulting from arbitration or

3 a settlement relating to the requirements of this section.

4 The person may bring the action in an appropriate Fed5 eral district court, determined in accordance with section

6 1391 of title 28, United States Code, without regard to

7 the amount in controversy.

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