[Congressional Record Volume 143, Number 28 (Thursday, March 6, 1997)]
[Extensions of Remarks]
[Page E414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF A BILL AMENDING THE RAILWAY LABOR ACT ON BEHALF OF 
                AIRLINE PILOTS ENGAGED IN FOREIGN FLYING

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                        Thursday, March 6, 1997

  Mr. RAHALL. Mr. Speaker, I rise today to reintroduce a bill which was 
pending before the 104th Congress concerning the applicability of the 
Railway Labor Act to flight crews of United States air carriers engaged 
in flight operations outside the United States.
  Mr. Speaker, the bill I and my colleagues have reintroduced clarifies 
the intent of Congress that the RLA covers the collective bargaining 
right of flight deck crew members employed by U.S. air carriers when 
they are based overseas or are performing their duties exclusively 
outside the United States.
  Historically, airlines and the bargaining representative of their 
pilots have negotiated and honored numerous agreements governing their 
overseas operations. It is our contention that coverage of these 
agreements is currently available under existing law, namely the RLA. 
However, there have been at least two conflicting Federal court 
decisions over the past two decades on the issue of the enforceability 
of such agreements under the RLA. The opinions in these cases 
acknowledge that Congress has the power to apply its laws in 
extraterritorial circumstances, but it must do so expressly; and the 
courts have held that in the case of the RLA the intent of Congress to 
do so has not been clearly expressed.
  The legislation introduced today will once and for all clarify 
existing law. Doing so would confirm that the terms and conditions of 
the overseas flight operations of U.S. airlines are subject to 
negotiation between their managements and the selected bargaining 
representatives of their pilots under the same statutory authority as 
the terms and conditions of their domestic flying.
  The legislation does not impose our labor laws on 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 deck crew members that perform overseas operations.
  If any of my colleagues are interested in becoming cosponsors of this 
important legislation, or if you have any questions, please call me or 
Mrs. Kyle on my staff at extension 53452.