§42101. Definitions

(a) General.-In this subchapter-

(1) "eligible protected employee" means a protected employee who is deprived of employment, or who is adversely affected related to compensation, because of a qualifying dislocation.

(2) "major contraction" means a reduction (except as provided in subsection (b) of this section) of at least 7.5 percent in the number of full-time employees of an air carrier within a 12-month period, except for employees deprived of employment because of a strike or whose employment is ended for cause.

(3) "protected employee" means an individual who on October 24, 1978, had been employed for at least 4 years by an air carrier that held a certificate under section 401 of the Federal Aviation Act of 1958, but does not include a director or officer of a corporation.

(4) "qualifying dislocation" means a bankruptcy or major contraction of an air carrier holding a certificate under section 41102 of this title when the Secretary of Transportation finds the bankruptcy or contraction occurred after December 31, 1978, and before January 1, 1989, the major cause of which was the change in regulatory structure provided by the Airline Deregulation Act of 1978.

(b) Major Contraction.-The Secretary may find a reduction of less than 7.5 percent of the number of full-time employees is part of a major contraction if the Secretary decides another reduction is likely to occur within the 12-month period in which the first reduction occurs that, when included with the first reduction, will result in a total reduction of more than 7.5 percent.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157 .)

In this subchapter, the words "whose employment is ended" are substituted for "terminated" for clarity.

In subsection (a)(2), the words "(except as provided in subsection (b) of this section)" are added because of the restatement. The word "total" is omitted as surplus. The words "except for" are substituted for "In computing a 7½ percent reduction under this paragraph, the Board shall not include" to eliminate unnecessary words.

In subsection (a)(3), the word "individual" is substituted for "person" for consistency. The words "members of the board of" are omitted as surplus.

In subsection (a)(4), the text of 49 App.:1552(h)(3) is omitted as surplus because the complete name of the Secretary of Labor is used the first time the term appears in a section.

In subsection (b), the word "particular" is omitted as surplus. The words "of the number of full-time employees" are added for clarity. The words "of an air carrier" are omitted as surplus. The word "result" is added for clarity.

References in Text

Section 401 of the Federal Aviation Act of 1958, referred to in subsec. (a)(3), is section 401 of Pub. L. 85–726, which was classified to section 1371 of former Title 49, Transportation, and was repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379 , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For disposition of section 1371 of former Title 49, see Table at the beginning of Title 49.

The Airline Deregulation Act of 1978, referred to in subsec. (a)(4), is Pub. L. 95–504, Oct. 24, 1978, 92 Stat. 1705 , as amended, which was classified principally to sections of former Title 49, Transportation. The Act was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379 , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see Table at the beginning of Title 49.