[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1992 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1992

   To preserve the recall rights of airline employees, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2007

Mrs. McCaskill introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To preserve the recall rights of airline employees, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PRESERVING RECALL RIGHTS OF AIRLINE EMPLOYEES.

    (a) Definitions.--In this Act:
            (1) Air carrier.--The term ``air carrier'' means an air 
        carrier that holds a certificate issued pursuant to chapter 411 
        of title 49, United States Code.
            (2) 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 provisions of the Railway Labor Act (45 U.S.C. 
                151 et seq.).
            (3) Furlough.--The term ``furlough'' has the meaning given 
        the term in section 7511 of title 5, United States Code.
            (4) Recall list.--The term ``recall list'' means a list of 
        employees placed on furlough by an air carrier and is 
        organized--
                    (A) by type of employment; and
                    (B) in descending order of seniority.
    (b) Retention of Furloughed Employees.--An air carrier that places 
a covered employee on furlough shall retain such employee on a recall 
list for not less than 10 years after the date on which the air carrier 
placed such employee on furlough, if the air carrier--
            (1) receives more than $100,000,000 in financial assistance 
        from the Federal Government; and
            (2) places such employee on furlough not later than 2 years 
        after receiving such financial assistance.
    (c) Preference.--An air carrier described in subsection (b) shall, 
before employing a person who is not on the recall list, recall a 
covered employee from the recall list required by subsection (b) if the 
employee was employed in a position comparable to the position the air 
carrier seeks to fill.
    (d) Enforcement.--
            (1) In general.--A covered employee (including any labor 
        organization that represents such employee) may bring an action 
        to enforce this Act, or the terms of an award or agreement 
        resulting from arbitration or a settlement relating to the 
        requirements of this Act, in an appropriate district court of 
        the United States.
            (2) Appropriate district court.--The appropriate district 
        court of the United States referred to in paragraph (1) shall 
        be determined in accordance with section 1391 of title 28, 
        United States Code.
    (e) Effective Date.--
            (1) In general.--The provisions of this Act shall take 
        effect on the date of the enactment of this Act.
            (2) Retroactive application.--This Act shall apply to a 
        covered employee of an air carrier, or successor air carrier, 
        that received financial assistance before September 22, 2002, 
        pursuant to section 101(a) of the Air Transportation Safety and 
        System Stabilization Act (49 U.S.C. 40101 note).
                                 <all>