[Congressional Record Volume 141, Number 45 (Friday, March 10, 1995)]
[Extensions of Remarks]
[Pages E574-E575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


ON THE INTRODUCTION OF A BILL AMENDING THE RAILWAY LABOR ACT TO CLARIFY 
  ITS APPLICABILITY TO WORK PERFORMED BY FLIGHT CREW 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, March 10, 1995
  Mr. RAHALL. Mr. Speaker, today, along with my distinguished 
colleagues, Representative James Oberstar of Minnesota and 
Representative Don Young of Alaska, I have reintroduced 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 flight crew employees--flight deck crew members 
and flight cabin crew members. It does so by confirming and clarifying 
that the Railway Labor Act applies to the U.S. air carriers and their 
flight crew 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 flight crews when engaged in operations between the United 
States and foreign nations, and the terms of the act appear to cover 
these operations.
  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, need to be 
clarified.
  Recent court decisions are troubling because they 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 flight crews 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.
  It is the reluctance to fully apply title II of the RLA as it should 
be applied and as we have understood its application for many years, 
that has brought us to where we stand today in introducing this 
legislation. We hope to amend the act so as to effectively guide the 
parties concerned in dealing with overseas flight operations of U.S. 
carriers.
  Identical legislation (H.R. 4957) was introduced last year, and 
hearings were held in October, 1994 by the House Aviation Subcommittee, 
then chaired by the able Representative James Oberstar, who joins me as 
an original cosponsor of today's bill.
  This bill, as introduced, preserves the RLA's preference for 
systemwide collective bargaining agreements and permits such 
agreements 
[[Page E575]]  to be enforced in the statutory adjustment board in 
accordance with the parties' intent.
  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 flight crews 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.
  Here is what the bill does:
  It prevents either a carrier or one of its flight crew labor 
organizations from evading its obligations under the RLA by simply 
relying on geographical location of a particular operation.
  It prevents flight crew labor groups from conducting unpredictable 
work stoppages against the U.S. air carrier's foreign operations.
  It prevents an air carrier from firing or disciplining flight crew 
employees for engaging in union activities protected under the RLA 
merely because such employees are assigned in whole or in part to the 
carrier's operations outside the United States.
  It assures that the provisions in the bill apply only to flight crew 
employees--pilots and flight attendants--who are the employees engaged 
in the actual operation and service aboard the aircraft as they 
traverse international boundaries.
  It requires, where appropriate, fair collective bargaining to 
establish wages and terms and conditions of employment for flight crews 
throughout an air carrier's systems.
  Here is what the bill does not do:
  It does not impose our labor laws on foreign countries.
  It does not affect our aviation agreements with foreign countries.
  It does not cover employees providing ground and related services for 
U.S. carriers exclusively in foreign countries.
  It does not preclude negotiation of wages and terms and conditions of 
employment tailored to flight crew members that perform overseas 
operations.
  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.


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