Labor Relations in the Aviation and Aerospace Industries
Publication Year: 2012
Published by: Southern Illinois University Press
Contents in Brief
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Unlike any other industry, labor-management relations and collective bargaining in aviation encompass the entire range of U.S. labor law. Other current labor-relations texts focus almost exclusively on the National Labor Relations Act of 1935 (NLRA) as administered by the National Labor ...
Part One: Foundations of Labor Law and Policy
1. Public Policy and Labor Law
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This book is about U.S. transportation labor law and the public policy decisions that shaped it. As is true with many abstract concepts, no single, widely accepted definition of the term public policy exists. The term public has many connotations, depending on context and perspective. The term public is relative, and as Miles’ Law states, “Where you stand depends upon where you sit.”1 In the context of policy initiatives as used throughout this book, the term public relates to the government....
2. The Violent Beginnings of U.S. Labor Law
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The railroads and airlines are intertwined in both background and regulation. Their evolutions in the United States parallel each other. Thomas Moore comments, “The current situation of railways is only intelligible in the context of history.”1 This holds for the air industry as well....
3. Major Collective Bargaining Legislation
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Labor movement formation peaked in the mid-1920s for the railroad industry and in the mid- 1930s for the remainder of the industrialized workforce. The government’s segregated approach to labor-relations legislation allowed the railroad-industry unions to emerge and evolve at a more rapid pace than the other craft and industrial associations. Despite the plethora of legislative and judicial setbacks experienced by...
Part Two: Principles, Practices, and Procedures in Collective Bargaining and Dispute Resolution
4. Elections, Certifications, and Procedures
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The election and certification process under the RLA and the NLRA require an understanding of the bargaining unit from an employees’ point of view. The two acts are broad in nature and are federally mandated, but their coverage does not necessarily extend to all employers or employees. This chapter specifies the jurisdiction of the various statutes of both acts. Whether workers, unions, and employers are covered by the provisions of the acts depends on the statutory...
5. Negotiating the Collective Bargaining Agreement
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Management and labor are mutually dependent for their continued existence, but within this dependent relationship is a pervasive philosophic conflict. One of management’s primary objectives is to minimize costs, particularly labor costs. Naturally, labor seeks the highest wages and fringe benefits possible. Furthermore, management believes that it has the duty and responsibility to make all decisions concerning the business, but labor argues for a voice in these decisions....
6. Unfair Labor Practices
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Unfair labor practices apply to the entire collective bargaining process from initial election of a bargaining representative through negotiation of the bargaining agreement to application and interpretation of the agreement in practice. This chapter deals primarily with the involvement of such practices in the selection of a representative and in the organizational process....
7. Grievance Procedures
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Grievance procedures are a fundamental component of any union contract. Under the RLA, arbitration of grievances is mandatory for the airline (and railroad) industry. For other industries, the NLRA lists grievance procedures as one of the mandatory bargaining issues, but the language of the NLRA is not explicit about the procedures that must be employed in resolving grievance disputes, leaving the parties to agree to standard grievance procedures in their contract. Under the Civil Service Reform Act, grievance procedures meeting certain ...
Part Three: The Changing Labor Relations Environment
8. The Airline Industry
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The airline industry is a major component of the U.S. economy, with annual operating revenues of almost $155 billion in 2009. Airlines are both capital intensive, requiring hundreds of billions of dollars of investment in equipment and facilities, and labor intensive, with U.S. airlines employing over 536,000 people in 2009.1...
9. The Aerospace Industry
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The U.S. aerospace industry includes companies producing aircraft, missiles, spacecraft, aircraft engines, propulsion units, and related parts for both civil and military customers as well as companies performing aircraft overhaul, rebuilding, conversion, and salvaging. The industry is dominated by a few large firms, such as Boeing and Lockheed-Martin, that contract with private businesses and governments to produce aircraft and subcontract with smaller firms to produce component systems and parts.1...
10. General Aviation
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General aviation (GA) is a broad term from the Federal Aviation Act of 1958 encompassing all but military and airline aviation operations. The industry is characterized by its remarkable diversity, which includes flight training, personal flying in private aircraft for transportation or recreation, crop spraying, aerial firefighting, emergency medical transport, air freight feeders, search and rescue, disaster relief, aerial imaging, law enforcement, transportation of business and government executives, air sightseeing, news gathering and ...
11. The Public Sector
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A variety of government agencies, federal, state, and local, engage in civil aviation activities. At the federal level, the FAA has over 44,000 permanent employees, including over 33,000 in the agency’s air traffic organization, almost 7,000 in aviation safety, 471 in airports, 56 in commercial space transportation, and almost 4,000 in staff offices (see fig. 11.1).1 The National Transportation Safety Board (NTSB) employs air-safety ...
Appendix A: The Railway Labor Act
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When used in this chapter and for the purposes of this chapter—
First. The term “carrier” includes any railroad subject to the jurisdiction of the Surface Transportation Board, any express company that would have been subject to subtitle IV of title 49, “United States Code, as of December 31, 1995,” and any company which is directly or indirectly owned or controlled by or under common control ...
Appendix B: The National Labor Relations Act
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Section 1 [§151.] The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting ...
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Publication Year: 2012