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SECTION 43 OF THE AIRLINE DEREGULATION ACT OF 1978 (PUBLIC LAW 95-504; 92 STAT. 1750; 49 U.S.C. APP. 1552): EMPLOYEE PROTECTION

EMPLOYEE PROTECTION PROGRAM

SEC. 43. (a). GENERAL RULE.-(1) The Secretary of Labor shall, subject to such amounts as are provided in appropriation Acts, make monthly assistance payments, or reimbursement payments, in amounts computed according to the provisions of this section, to each individual who the Secretary finds, upon application, to be an eligible protected employee. An eligible protected employee shall be a protected employee who on account of a qualifying dislocation (A) has been deprived of employment, or (B) has been adversely affected with respect to his compensation.

(2) No employee who is terminated for cause shall receive any assistance under this section.

(b) MONTHLY ASSISTANCE COMPUTATION.-(1) An eligible protected employee shall, subject to such amounts as are provided in appropriation Acts, receive a monthly assistance payment, for each month in which he is an eligible protected employee, in an amount computed by the Secretary. The Secretary, after consultation with the Secretary of Transportation, shall, by rule, promulgate guidelines to be used by him in determining the amount of each monthly assistance payment to be made to a member of each craft and class of protected employees, and what percentage of salary such payment shall constitute for each applicable class or craft of employees. In computing such amounts for any individual protected employee, the Secretary shall deduct from such amounts the full amount of any unemployment compensation received by the protected employee.

(2) If an eligible protected employee is offered reasonably comparable employment and such employee does not accept such employment, then such employee's monthly assistance payment under this section shall be reduced to an amount which such employee would have been entitled to receive if such employee had accepted such employment. If the acceptance of such comparable employment would require relocation, such employee may elect not to relocate and, in lieu of all other benefits provided herein, to receive the monthly assistance payments to which he would be entitled if this paragraph were not in effect, except that the total number of such payments shall be the lesser of three or the number remaining pursuant to the maximum provided in subsection (e).

(c) ASSISTANCE FOR RELOCATION.-If an eligible protected employee relocates in order to obtain other employment, such employee shall, subject to such amounts as are provided in appropriation Acts, receive reasonable moving expenses (as determined by the Secretary) for himself and his immediate family. In addition, such

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Sec. 43

EMPLOYEE PROTECTION

employee shall, subject to such amounts as are provid priation Acts, receive reimbursement payments for any ing from selling his principal place of residence at a pr fair market value (as determined by the Secretary) or curred in cancelling such employee's lease agreement of purchase relating to his principal place of residence.

(d) DUTY TO HIRE PROTECTED EMPLOYEES.—(1) Each p a protected employee of an air carrier which is subjec tion by the Civil Aeronautics Board who is furloughed terminated by such an air carrier (other than for cau the last day of the 10-year period beginning on the da ment of this section shall have first right of hire, regard in his occupational specialty, by any other air carrier tional employees which held a certificate issued under of the Federal Aviation Act of 1958 prior to such dat ment. Each such air carrier hiring additional employees a duty to hire such a person before they hire any ot except that such air carrier may recall any of its own employees before hiring such a person. Any employee loughed or otherwise terminated (other than for cause), hired by another air carrier under the provisions of this shall retain his rights of seniority and right of recall w carrier that furloughed or terminated him.

(2) The Secretary shall establish, maintain, and period lish a comprehensive list of jobs available with air carri cated under section 401 of the Federal Aviation Act of 1 list shall include that information and detail, such as j tions and required skills, the Secretary deems relevant sary. In addition to publishing the list, the Secretary s every effort to assist an eligible protected employee other employment. Any individual receiving monthly payments, moving expenses, or reimbursement payme this section shall, as a condition to receiving such expens ments, cooperate fully with the Secretary in seeking othe ment. In order to carry out his responsibilities under th tion, the Secretary may require each such air carrier to the Secretary the reports, data, and other information ne fulfill his duties under this subsection.

(3) In addition to making monthly assistance or reimb payments under this section, the Secretary shall encourag ations between air carriers and representatives of eligible employees with respect to rehiring practices and seniority. (e) PERIOD OF MONTHLY ASSISTANCE PAYMENTS.—(1) Mo sistance payments computed under subsection (b) for a employee who has been deprived of employment shall each month until the recipient obtains other employment, the end of the 72 months occurring immediately after th such payments were first made to such recipient, whiche

occurs.

(2) Monthly assistance payments computed under subse for a protected employee who has been adversely affected to his compensation shall be paid for no longer than 72 m

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EMPLOYEE PROTECTION

Sec. 43

long as the total number of monthly assistance payments made under this section for any reason do not exceed 72.

(f) RULES AND REGULATIONS.-(1) The Secretary may issue, amend, and repeal such rules and regulations as may be necessary for the administration of this section.

(2) The rule containing the guidelines which is required to be promulgated pursuant to subsection (b) of this section and any other rules or regulations which the Secretary deems necessary to carry out this section shall be promulgated within six months after the date of enactment of this section.

(3) The Secretary shall not issue any rule or regulation as a final rule or regulation under this section until 30 legislative days after it has been 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. Any rule or regulation issued by the Secretary under this section as a final rule or regulation shall be submitted to the Congress and shall become effective 60 legislative days after the date of such submission, unless during that 60-day period either House adopts a resolution stating that that House disapproves such rules or regulations, except that such rules or regulations may become effective on the date, during such 60-day period, that a resolution has been adopted by both Houses stating that the Congress approves of them.

(4) For purposes of this subsection, the term "legislative day" means a calendar day on which both Houses of Congress are in ses

sion.

(g) AIRLINE EMPLOYEES PROTECTIVE ACCOUNT.-All payments under this section shall be made by the Secretary from a separate ry shall account maintained in the Treasury of the United States to be known as the Airline Employees Protective Account. There are authorized to be appropriated to such account annually, beginning with the fiscal year ending September 30, 1979, such sums as are necessary to carry out the purposes of this section, including amounts necessary for the administrative expenses of the Secretary related to carrying out the provisions of this section. (h) DEFINITIONS.-For the purposes of this section

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(1) The term "protected employee" means a person who, on the date of enactment of this section, has been employed for at least 4 years by an air carrier holding a certificate issued under section 401 of the Federal Aviation Act of 1958. Such term shall not include any members of the board of directors or officers of a corporation.

(2) The term "qualifying dislocation" means a bankruptcy or major contraction of an air carrier holding a certificate under section 401 of the Federal Aviation Act of 1958, occurring during the first 10 complete calendar years occurring after the date of enactment of the Airline Deregulation Act of 1978, the major cause of which is the change in regulatory structure provided by the Airline Deregulation Act of 1978, as determined by the Čivil Aeronautics Board.

(3) The term "Secretary" means the Secretary of Labor.
(4) The term "major contraction" means a reduction by at

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an air carrier within a 12-month period. Any parti tion of less than 72 percent may be found by the part of a major contraction of an air carrier if the mines that other reductions are likely to occu within a 12-month period in which such particula occurs the total reduction will exceed 72 percent. ing a 72-percent reduction under this paragraph shall not include employees who are deprived of e because of a strike or who are terminated for cause. (i) TRANSFER OF AUTHORITY OF THE BOARD.-The auth Board under this section is transferred to the Departme portation on January 1, 1985.

(j) TERMINATION.-The provisions of this section shal on the last day the Secretary is required to make a payı this section.

AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982

41-006 - 91 - 8

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