49 USC 42103: Duty to hire protected employees

49 USC 42103: Duty to hire protected employees Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE VII-AVIATION PROGRAMSPART A-AIR COMMERCE AND SAFETYsubpart ii-economic regulationCHAPTER 421-LABOR-MANAGEMENT PROVISIONSSUBCHAPTER I-EMPLOYEE PROTECTION PROGRAM

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§42103. Duty to hire protected employees

(a) Rehiring Protected Employees.-A protected employee of an air carrier regulated by the Secretary of Transportation who was furloughed or whose employment was ended by the carrier (except for cause) before October 23, 1988, is entitled to be the first employed in the occupational specialty of the employee, regardless of the employee's age, by any other air carrier holding a certificate under section 41102 of this title before October 24, 1978. However, the air carrier may recall its furloughed employees before hiring a protected employee of another air carrier regulated by the Secretary who was furloughed or whose employment was ended by the other carrier (except for cause) before October 23, 1988. An employee hired by an air carrier under this section retains seniority and recall rights with the air carrier that furloughed or ended the employment of the employee.

(b) Duties of Secretary of Labor.-The Secretary of Labor-

(1) shall establish and publish periodically a list of jobs available with an air carrier holding a certificate under section 41102 of this title that includes necessary information and detail;

(2) shall assist eligible protected employees to find other employment;

(3) shall encourage negotiations between air carriers and representatives of employees on rehiring practices and seniority; and

(4) may require an air carrier to file with the Secretary information necessary to carry out this section.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1159 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
42103(a)	49 App.:1552(d)(1), (i).	Oct. 24, 1978, Pub. L. 95–504, §43(d)(1), (2) (1st–3d, last sentences), (3), (i), 92 Stat. 1751 , 1752, 1753.
42103(b)	49 App.:1552(d)(2) (1st–3d, last sentences), (3).

In subsection (a), the words "person who is a" and "otherwise" are omitted as surplus. The words "before October 23, 1988" are substituted for "prior to the last day of the 10-year period beginning on October 24, 1978", and the words "is entitled to be the first employed" are substituted for "shall have first right of hire", for clarity. The words "hiring additional employees", "Each such air carrier hiring additional employees shall have a duty to hire such a person before they hire any other person", "own", and "who is furloughed or otherwise terminated (other than for cause), and" are omitted as surplus.

In subsection (b)(1), the words "comprehensive" and "such as job descriptions and required skills, the Secretary deems relevant and" are omitted as surplus.

In subsection (b)(2), the words "In addition to publishing the list" are omitted as unnecessary because of the restatement. The words "make every effort to" are omitted as surplus.

In subsection (b)(3), the words "In addition to making monthly assistance or reimbursement payments under this section" are omitted because of the restatement.

In subsection (b)(4), the words "In order to carry out his responsibilities under this subsection" and "reports, data, and other" are omitted as surplus. The words "carry out" are substituted for "fulfill his duties under" for consistency.