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.
H. R. 2764—540
(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.
