49 U.S.C. § 42112: Labor requirements of air carriers

“copilot” means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a copilot. responsible for manipulating or who manipulates the flight controls of an aircraft when under way, including the landing and takeoff of an aircraft; and qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a pilot. maintain rates of compensation, maximum hours, and other working conditions and relations for its pilots and copilots who are providing interstate air transportation in the 48 contiguous States and the District of Columbia to conform with decision number 83, May 10, 1934 , National Labor Board, notwithstanding any limitation in that decision on the period of its effectiveness; maintain rates of compensation for its pilots and copilots who are providing foreign air transportation or air transportation only in one territory or possession of the United States; and comply with title II of the Railway Labor Act ( 45 U.S.C. 181 et seq.) as long as it holds its certificate. A minimum annual rate under subsection (b)(2) of this section may not be less than the annual rate required to be paid for comparable service to a pilot or copilot under subsection (b)(1) of this section. This section does not prevent pilots or copilots of an air carrier from obtaining by collective bargaining higher rates of compensation or more favorable working conditions or relations. 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 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. The term ‘air carrier’ means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code. The term ‘covered air carrier’ means an air carrier that is involved in a covered transaction. is not a temporary employee; and is a member of a craft or class that is subject to the Railway Labor Act ( 45 U.S.C. 151 et seq.). a transaction for the combination of multiple air carriers into a single air carrier; and which 50 percent or more of the equity securities (as defined in section 101 of title 11 , United States Code) of an air carrier; or 50 percent or more (by value) of the assets of the air carrier. 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 [ Dec. 26, 2007 ]. 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.”