That is a big question. Does Bond-McCaskill apply here? If it does, then Allegheny-Mohawk applies. But if we are not air carriers as specified in the law, then all that is out the window. Anyone know if we meet the definition of air carrier as it pertains to Bond-McCaskill?
DOH,
Flex has a Part 135 air carrier certificate and that meets the definition. I'm pretty sure that Flex pilots would be covered under McCaskill-Bond but without an actual union, someone in Flexjet management would represent their interests during any SLI talks. Not the best solution in my mind.
Here's a copy of the actual McCaskill-Bond amendment - thanks to Brian Ward for posting it.
McCaskill Amendent
CONSOLIDATED APPROPRIATIONS ACT, 2008
HR 2764
SEC. 117. LABOR INTEGRATION.
(a) LABOR INTEGRATION.—With respect to any covered transaction involving two or more covered air
carriers that results in the combination of crafts or classes that are subject to the Railway Labor Act
(45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed by the Civil
Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to
the integration of covered employees of the covered air carriers; except that—
(1) if the same collective bargaining agent represents the combining crafts or classes at each
of the covered air carriers, that collective bargaining agent’s internal policies regarding
integration, if any, will not be affected by and will supersede the requirements of this
section; and
(2) the requirements of any collective bargaining agreement that may be applicable to the
terms of integration involving covered employees of a covered air carrier shall not be
affected by the requirements of this section as to the employees covered by that agreement,
so long as those provisions allow for the protections afforded by sections 3 and 13 of the
Allegheny-Mohawk provisions.
(b) DEFINITIONS.—In this section, the following definitions apply:
(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) a transaction for the combination of multiple air carriers into a single air carrier;
and which
(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) APPLICATION.—This section shall not apply to any covered transaction involving a covered air
carrier that took place before the date of enactment of this Act.
(d) EFFECTIVENESS OF PROVISION.—This section shall become effective on the date of enactment of this
Act and shall continue in effect in fiscal years after fiscal year 2008.