[Congressional Record Volume 140, Number 112 (Friday, August 12, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 INTRODUCTION OF A BILL AMENDING THE RAILWAY LABOR ACT TO CLARIFY ITS 
APPLICABILITY TO WORK PERFORMED BY FLIGHTCREW MEMBERS OF U.S. CARRIERS 
                       ENGAGED IN FOREIGN FLYING

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                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                        Friday, August 12, 1994

  Mr. RAHALL. Mr. Speaker, today, along with a number of my House 
colleagues, I have introduced legislation to protect the public 
interest in uninterrupted international air service, and the stability 
of collective bargaining relationships between U.S. air carriers and 
their flightcrew employees--flight deck crewmembers and flight cabin 
crewmembers. It does so by confirming and clarifying that the Railway 
Labor Act applies to the U.S. air carriers and their flightcrew 
employees while operating to, from, or between points outside the 
United States.
  Historically, air carriers and labor organizations have understood 
title II of the Railway Labor Act [RLA] to apply to U.S. Air carriers 
and their flightcrews when engaged in operations between the United 
States and foreign nations. Such carriers are increasingly engaged in 
providing service to additional points outside the United States by 
engaging in beyond operations from one foreign destination to another. 
For this and other reasons, the status of negotiated contractual work 
rules applicable to the overseas flight operations of U.S. air 
carriers, and the statutory scheme applicable to labor relations during 
such operations, needs to be clarified.
  Recent court decisions have decided questions about the reach of the 
RLA by relying upon a presumption against extra-territoriality as well 
as the uncertain terms of the statute itself. But this approach does 
not effectively guide the courts or the parties in dealing with 
overseas flight operations of a U.S. carrier, which are essentially 
extensions of the carrier's domestic operations and are conducted by 
flightcrews who operate interchangeably throughout the system. As a 
result, neither the public nor the parties can be certain that the 
industrial stability fostered by the RLA will protect the public while 
traveling in the foreign operations of U.S. carriers.
  This bill as introduced preserves the RLA's preference for systemwide 
collective bargaining agreements and permits such agreements to be 
enforced in the statutory adjustment board in accordance with the 
parties' intent. The bill also prevents either a U.S. carrier or a 
flightcrew labor organization from evading its obligations under the 
RLA by simply relying on the geographical location of a particular 
operation or event within the system.
  Finally, in order to foster the prompt and orderly settlement of 
disputes, the bill if enacted will confirm that the RLA and agreements 
negotiated under it, apply to U.S. air carriers and their flightcrew 
employees when engaged in operations to and from, or between points, 
outside the United States.
  It is well to note that U.S. airlines and their labor unions have, to 
date, proceeded as if the RLA and the labor contracts negotiated under 
it follow the aircraft of U.S.-flag airlines and their flightcrews in 
both domestic and international operations regardless of their point of 
operation at any particular moment in time. This is similar, if not 
identical, to the rules and procedures followed under Maritime law 
involving U.S. Flagships.
  The bill will prevent either a U.S. air carrier or one of its 
flightcrew labor organizations from evading its obligations under the 
RLA by simply relying on the geographical location of a particular 
operation or event within the system. For example, a flightcrew labor 
organization could not conduct a work stoppage against the U.S. air 
carrier's foreign operations while such strikes are prohibited under 
the RLA, nor could the carrier fire or discipline flightcrew employees 
for engaging in union activities protected under the RLA simply because 
they are assigned in whole or in part to the carrier's operations 
outside the United States.
  The provisions in the bill apply only to flightcrew employees--pilots 
and flight attendants--who are the employees engaged in the actual 
operation and service aboard the aircraft as they traverse 
international boundaries in global operations. The bill leaves 
untouched the labor relations arrangements applicable to foreign 
nationals employed by U.S. carriers to provide ground service and 
related services at foreign airports. Such ground service employees are 
frequently represented by unions in their home countries under the laws 
of those countries.
  I hope that my colleagues will join me in cosponsoring and supporting 
enactment of this bill. If you have any questions, or wish to cosponsor 
the bill, please call me or Mrs. Kyle on my staff at 5/3452.

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