To require certain air carriers that receive funds appropriated under this Act to accept procedures that ensure the fair and equitable resolution of labor integration issues in transactions for the combination of air carriers.

1. Adds Sec. ____. (a) This section may be cited as the "Airline Workers Fairness Act" at the end of title IV

   Adds a section

   In S. 762 · Placed on Calendar Senate

   (aa) as of the time that all amounts established in such account in accordance with section 203(b) of such Act (as deemed to be amended under this subsection, and including any amounts described in clause (i)) are in fact exhausted, except that (bb) if such individual's account was both augmented by and exhausted of all TEUC-X amounts before the date of enactment of this Act, such determination shall be made as if exhaustion (as described in section 203(c)(1) of such Act) had not occurred until such date of enactment. This Act may be cited as the "Supplemental Appropriations Act to Support Department of Defense Operations in Iraq for Fiscal Year 2003".

   Inserted: Sec. ____. (a) This section may be cited as the "Airline Workers Fairness Act".

   Inserted: (b) The purpose of this section is to require covered air carriers that receive funds appropriated under this Act to accept procedures that ensure the fair and equitable resolution of labor integration issues, in order to prevent further disruption to transactions for the combination of air carriers, which would potentially aggravate the current disruptions in air travel associated with increased terror alerts and other factors in the United States.

   Inserted: (c) In order to receive funds appropriated under this Act, a covered air carrier shall agree to be subject to this section.

   Inserted: (d) In any covered transaction involving a covered air carrier that leads to the combination of crafts or classes that are subject to the Railway Labor Act--

   Inserted: (1) sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 CAB 45) shall apply to the covered employees of the covered air carrier; and

   Inserted: (2) subject to paragraph (1), in a case in which a collective bargaining agreement provides for the application of sections 3 and 13 of the labor protective provisions in the process of seniority integration for the covered employees, the terms of the collective bargaining agreement shall apply to the covered employees and shall not be abrogated.

   Inserted: (e) Any aggrieved person (including any labor organization that represents the person) may bring an action to enforce this section, or the terms of any award or agreement resulting from arbitration or a settlement relating to the requirements of this section. The person may bring the action in an appropriate Federal district court, determined in accordance with section 1391 of title 28, United States Code, without regard to the amount in controversy.

   Inserted: (f) Nothing in this section shall be construed to affect any provision of law that provides greater employee rights than the rights established under this section.

   Inserted: (g) In this section:

   Inserted: (1) The term "air carrier" means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.

   Inserted: (2) The term "covered air carrier" means an air carrier that is involved in a covered transaction.

   Inserted: (3) The term "covered employee" means an employee who--

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   Inserted: (A) is not a temporary employee;

   Inserted: (B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.); and

   Inserted: (C) was an employee of a covered air carrier on April 1, 2003.

   Inserted: (4) The term "covered transaction" means a transaction that--

   Inserted: (A) is a transaction for the combination of multiple air carriers into a single air carrier;

   Inserted: (B) involves the transfer of ownership or control of--

   Inserted: (i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or

   Inserted: (ii) 50 percent or more (by value) of the assets of the air carrier;

   Inserted: (C) was pending, or had been completed, during the period beginning on January 1, 2001 and ending on September 11, 2001; and

   Inserted: (D) did not result in the recognition of a single air carrier by the National Mediation Board by September 11, 2001.

   Original wording

   At the end of title IV, insert the following:

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As printed