Total Articles: 24
FAA Issues Final Pilot Rest Rules
On December 21 the Federal Aviation Administration (FAA) issued its long-awaited final rule (pdf) governing rest periods and work hours for commercial airline pilots. In sum, the rule mandates that pilots work fewer hours and be provided with longer rest breaks between flights. Commercial passenger airline operators will have two years to make potentially significant changes to their pilots’ work schedules. The rule does not apply to cargo-only flights.
Airline Management Newsletter (April 2011).
Airline Management Newsletter.
Airline Managment Newsletter (July 2010).
Airline Managment Newsletter (July 2010).
Airline Legal Alert: Industry Challenge to NMB's Final Rule.
On May 17, 2010, the Air Transport Association of America, Inc. ("ATA") filed suit against the National Mediation Board in the United States District Court for the District of Columbia, challenging the NMB's recent change to its longstanding rule regarding how representation elections are conducted. As discussed in our May 10, 2010 Legal Alert, the NMB's final rule changes the manner in which RLA elections have been conducted for over 75 years. Since the NMB's inception, the NMB has repeatedly held that, in order for a union to be certified as the bargaining representative for a craft or class, a majority of eligible employees must vote for representation. The final rule will drastically change this requirement, allowing a union to be certified as the bargaining representative if a majority of employees who vote cast ballots for representation, regardless of how many employees actually vote in the election. The rule, which is scheduled to go into effect on June 10, 2010, was passed by two of the three members of the NMB (Harry Hoglander and Linda Puchala), over the vigorous and well-reasoned dissent of Chairman Elizabeth Dougherty.
Airline Legal Alert: NMB Publishes Final Rule.
On May 11, 2010, the Federal Register will publish the Final Rule of the National Mediation Board (NMB) regarding the process it will employ in determining the outcome of representation elections. When the rule goes into effect, it will replace the NMB's historic majority rule, under which a majority of the entire craft or class had to vote for representation before a union would be certified to represent that craft or class, in favor of a process that is based on the majority of votes cast.
News From Capitol Hill.
FMLA for flight crews.
Airline Legal Alert: Status of NMB's Attempt to Change 75-Year-Old Majority Rule.
On September 2, 2009, the Transportation Trades Department (TTD), AFL-CIO, petitioned the National Mediation Board (NMB) to change the 75-year-old majority rule, which requires a majority of eligible voters in a craft or class to cast ballots for representation before the NMB will certify a union as the bargaining representative for that craft or class. The TTD's petition asked the NMB to replace the majority rule with a rule that would allow a union to be certified if a majority of the employees who cast ballots voted for union representation. On November 3, 2009, two members of the NMB submitted a Notice of Proposed Rulemaking (NPRM) to the Federal Register. The NPRM stated that the NMB intended to change the majority rule to a minority rule. On December 7, 2009, the NMB held an "open meeting" with interested parties to discuss the rule change. During the "open meeting," speeches were given by both proponents and opponents of the NPRM. The Board members did not ask any questions of the meeting participants. No sworn testimony was taken from the participants, nor were any of the participants subject to cross-examination.
Airline Legal Alert: NMB Maintains Prohibition Against Use of "Hyperlinks" to Voting Website.
As reported in a previous Alert, in July 2009 the National Mediation Board (NMB) announced that it was soliciting comments on whether it should permit the use of electronic "hyperlinks" to the website where employees may cast their vote in NMB elections. After receiving and considering those comments, on December 1, 2009, the NMB reaffirmed its position that participants in elections – carriers, unions and individuals involved in the election – may not post hyperlinks to the NMB's voting website. The one modification the NMB did make to its hyperlink policy is to reinstate a hyperlink to the voting site on the NMB's own website, www.nmb.gov; parties remain free to post hyperlinks to the NMB's website.
NMB's Notice of Proposed Rulemaking.
On October 29, 2009, Harry Hoglander and Linda Puchala, two members of the National Mediation Board (NMB), submitted a Notice of Proposed Rulemaking with the Federal Register. As we noted in our October 30, 2009 Legal Alert, the proposal would result in the outcome of union elections being determined by a majority of the employees who vote, rather than requiring a majority of the employees in the craft or class to vote for representation, as currently is the case. The proposal would also change the election ballot by providing employees the option to register a "no" vote. Please click here to view a copy of the Notice of Proposed Rulemaking.
Airline Legal Alert: Hoglander and Puchala Propose to Change NMB Voting Rules.
On October 29, 2009, two members of the National Mediation Board (NMB), Harry Hoglander and Linda Puchala, submitted a Notice of Proposed Rulemaking for publication in the Federal Register, proposing to change the "majority of the craft or class" voting rule that the NMB has used throughout its 75-year history. The proposal would result in the outcome of union elections being determined by a majority of the employees who vote, rather than requiring a majority of the employees in the craft or class to vote for representation, as currently is the case. The Chairman of the NMB, Elizabeth Dougherty, dissented from the proposal.
Airline Legal Alert: NMB Rules Under Union Siege.
In a blatant effort to take advantage of a change in the membership of the National Mediation Board (NMB), unions have petitioned the NMB to alter its longstanding procedures on how representation elections are conducted.
Airline Management Letter (March 2009).
Ninth Circuit Holds that RLA Does not Pre-empt Employees' State Law Claims; NMB Finds Delta and Northwest Operate as Single Transportation System; House Passes Airline Flight Crew Technical Corrections Act; Federal Court Finds Flight Attendant Candidates Not Entitled to Compensation for Time Spent in Training; OSHA Orders American Airlines to Reimburse Pilots for Sick Time; Save the Date: Ford & Harrison's 2009 Airline Labor and Employment Law Symposium.
Airline Legal Alert: New FMLA Regulations, Amendments, and Forms Effective in One Week
All air carriers should be prepared for the new, expansive Family and Medical Leave Act (FMLA) regulations, which were issued by the Department of Labor (DOL) in November 2008, to take effect on January 16, 2009.
Recent Election Results Will Likely Impact Airline Employers.
Airline employers, like other business groups, should be prepared for possible regulatory and legislative changes as the balance of power in Washington shifts to the Democrats in the wake of the 2008 elections. Although the currently proposed changes to the National Labor Relations Act (NLRA) identified as the Employee Free Choice Act (EFCA) will not directly affect airlines and other employers covered by the Railway Labor Act (RLA), recent Congressional criticism of the National Mediation Board's election rules and release policies may portend future attempts to change these procedures as well.
Airline Management Letter.
American Airlines Did Not Violate ADEA by Reassigning Flight Engineers; Ninth Circuit Finds that NLRB Erred in Asserting Jurisdiction over Dispute Among ALPA, DHL and ABX; Court Rules in Favor of Employer on Corporate Pilots’ Age Discrimination Claims; American Airlines Will Settle Pilot USERRA Class Action; Airlines Facing Class Action Lawsuits for Service Fees for Curbside Check-In; Bankrupt Airlines Sued for Violations of the WARN Act; Recent Election Results.
Airline Management Letter (February 2008)
President Signs Bill Expanding FMLA Protection for Military Family Members; President Signs Law Permitting Pilots to Fly Until Age 65; FAA Issues Two Legal Interpretations Regarding the Age 65 Law; Allegheny-Mohawk LLPs Included in Appropriations Act; Sixth Circuit Provides Some Clarification on Calculating Flight Attendant Hours for FMLA Eligibility; FAA Advisory Circular Interprets PRIA To Require Production of All Records Related to Termination; Recent Election Results.
FAA Advisory Circular Interprets PRIA to Require Production of All Records Related to Termination.
The Federal Aviation Administration (FAA) recently released an Advisory Circular clarifying which termination records must be released under the Pilot Records Improvement Act (PRIA). According to the new AC, all termination records must be released, regardless of whether those records relate to pilot competency.
Airline Management Newsletter: May 2007 (pdf).
Second Circuit Prohibits Northwest Flight Attendants From Striking Over Pay Cuts;
Bankruptcy Court Refuses To Modify § 1113 Order; PSA Airline’s Stock Clerks Decertify the IBT;
Comair and Pilots Reach Agreement on Concessions; Flight Attendants Cannot Challenge Arbitration Award in Federal Court; ARB Dismisses Reinstated Pilot’s AIR 21 Complaint;
Recent Election Results.
Allegheny-Mohawk LPP Amendment Added to FAA Reauthorization Bill.
On May 16, the Senate Commerce Committee added an amendment to the FAA Reauthorization bill (the Aviation Investment and Modernization Act of 2007, S.1300) that would impose Allegheny-Mohawk Labor Protective Provisions (LPPs) on any future airline mergers or acquisitions. If the bill is approved with this amendment, it will significantly impact the financial feasibility of future airline mergers and acquisitions. It could also nullify existing merger provisions in collective bargaining agreements negotiated between airlines and unions.
Airline Management Newsletter (pdf)
Highlights: Hours Spent on Call Reserve by Pilot Do Not Count Toward FMLA Eligibility; Airline Did Not Perceive Flight Attendant as Disabled Because of Side Effects of Medication; Airline Did Not Violate Title VII by Discharging Muslim Pilot for Being in a Bar in Uniform; DOL Clarifies Protected Activity in Sarbanes-Oxley Whistleblower Cases; Recent Election Results; Ford & Harrison Continues National Expansion.
Airline Legal Alert: NMB Announces Internet Voting.
The National Mediation Board (NMB) has announced that, effective October 1, 2007, it plans to add the option of voting via the Internet in the representation elections it conducts under the Railway Labor Act. The NMB will retain the Telephone Electronic Voting (TEV) system it currently uses, and employees will have the option of voting via either TEV or the Internet. According to the NMB’s announcement, the agency believes that offering Internet voting in addition to TEV will enhance its ability to conduct representation elections fairly and effectively. The NMB will be conducting a mock election among representatives of carriers and labor organizations to evaluate the system. The NMB also proposes revisions to Section 13 of its Representation Manual to reflect the introduction of the Internet voting option.
Airline Management Newsletter (pdf).
Highlights: Federal Court Bars AFA From Self-Help Against Northwest Following Contract Rejection; Bankruptcy Court Permits Comair To Reject Flight Attendant's Contract; Recent Election Results; Revision of Pension Law Includes Special Provisions For Airlines.
Airline Management Newsletter (pdf)
DOL Issues Final USERRA Regulations;DOL Announces Grace Period for Filing Information Regarding Finaicla Transactions with Unions; Plaintiff's Can Proceed with ERISA Claims Against US Airways; Ford & Harison Consultant Jerry Glass Speaks at Webcast; 2006 Labor and Employment Law Conference; Arbitrator Upholds Termination of CCAir Inc. Pilots; Recent Election Results.
Postal Service, DOL Settle $6.5 Million Back Pay Claim (pdf).
After a decade of litigation, the United States
Department of Labor (DOL) has settled a
$6.5 million back pay claim covering 900
pilots, co-pilots, and flight engineers who perform
contract flying for the U.S. Postal Service (USPS).
