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Sec. 220.04 Responsibilities of the Secretary of

Labor.

Subpart B-Designated Employees' Eligibility

and Rights

220.10 Eligibility requirements. 220.11 Designated employees' rights.

mental arrangements are required, the Secretary will direct the parties to negotiate such arrangements in accordance with the case processing procedure described in $ 215.3 hereof. If the Secretary determines that no special circumstances exist, he will so advise the parties and certify the project on the basis of the Model Agreement.

(b) The Model (or National) Agreement mentioned in paragraph (a) of this section refers to the agreement executed on July 23, 1975, by representatives of the American Public Transit Association and the Amalgamated Transit Union and Transport Workers Union of America and on July 31, 1975, by representatives of the Railway Labor Executives' Association, Brotherhood of Locomotive Engineers, Brotherhood of Railway and Airline Clerks and International Association of Machinists and Aerospace Workers. The agreement is intended to serve as a ready-made employee protective arrangement for adoption by local parties in specific operating assistance project situations. The Secretary has determined that this agreement provides fair and equitable arrangements to protect the interests of employees in general purpose operating assistance project situations and meets the requirements of section 13(c).

Subpart C—Carriers' Responsibilities 220.20 Duty to hire. 220.21 Criteria for employment. 220.22 Listing a vacancy. 220.23 Content of vacancy listing. 220.24 Filling a vacancy. 220.25 List of protected employees. 220.26 Appeals to the Secretary. 220.27 Notice of rights. 220.28 Air carrier actions to be reported to

the Secretary. 220.29 Equal employment opportunity.

Subpart D-Designated Employees'

Responsibilities Sec. 220.30 Designated employees' responsibil

ities.

Subpart E-Department of Labor's

Responsibilities 220.40 Comprehensive job list. 220.41 List of protected employees.

Subpart F-Administration

8 215.7 Department of Labor contact.

Questions concerning the subject matter covered by these guidelines should be addressed to the Division of Employee Protections, Labor-Management Services Administration, U.S. Department of Labor, Room N-5641, 200 Constitution Avenue NW., Washington, D.C. 20210; phone number 202523-6495. (Secretary's Order No. 11-72, May 12, 1972.)

220.50 Effective period of the program. 220.51 Disclosure of information. APPENDIX I-U.S. CARRIERS CERTIFICATED AS

OF OCTOBER 23, 1978 UNDER SECTION 401 OF THE FEDERAL AVIATION ACT OF 1958, AS AMENDED. AUTHORITY: Section 43(f) of the Airline Deregulation Act of 1978, Pub. L. No. 95504, 92 Stat. 1750-1753 (49 U.S.C. 1552) (Secretary's Order No. 1-79, 44 FR 13093; Secretary's Order No. 3-84, 49 FR 29578).

SOURCE: 50 FR 53101, Dec. 27, 1985, unless otherwise noted.

PART 220_AIRLINE EMPLOYEE

PROTECTION PROGRAM

Subpart A-Purpose and Scope of

the Airline Employee Protection Program

Subpart A-Purpose and Scope of the Airline

Employee Protection Program

Sec. 220.01 Definitions. 220.02 Purpose. 220.03 Scope.

$ 220.01 Definitions.

As used in this part, unless the content otherwise indicates:

(a) “Act” means the Airline Deregulation Act of 1978, Public Law 95-504, 92 Stat. 1705.

(b) “Air Carrier" means an air carri- carrier's unlawful employment diser certificated under Section 401 of crimination. the Federal Aviation Act of 1958 (49 (k) “Occupational specialty” means U.S.C. 1371).

the class, craft, or field of endeavor in (c) “Center” means the entity or lo

which an individual was employed at cation which from time to time may be the time of separation from a covered designated by the Secretary to receive,

air carrier or in which the employee maintain and distribute the job listing was employed during the 12 months information required by this Part.

immediately preceding the date of sep(d) “Corporate officer” means an in

aration. dividual who holds any officer's posi

(1) "Protected employee" means a tion established pursuant to the Arti

person other than a member of the cles of Incorporation or bylaws of any

Board of Directors or corporate officer air carrier, or who is otherwise identi

of a covered air carrier: fied as an officer by any air carrier, in

(1) Who had an employment relafilings with the Federal Aviation Ad

tionship with a covered air carrier on ministration, Civil Aeronautics Board

October 24, 1978, and or Securities and Exchange Commis

(2) Who on October 24, 1978, had sion or in any reports to stockholders

four years of employment or four or any public communications of an

years accrued seniority with a single air carrier.

covered air carrier. The term employee

shall include any full or part-time em(e) “Covered air carrier" means an air carrier which was certificated prior

ployee other than an employee in seato October 24, 1978 (A listing of such

sonal or temporary employment as de

fined herein. As used herein four years carriers appears as an appendix to this

of employment shall mean not less part).

than 48 months (whether or not con(f) “Designated employee" means a

secutive) in which the employee actuprotected employee who meets the eli

ally completed the minimum number gibility requirements set forth in

of hours of regular employment re§ 220.10.

quired for such employee's craft, class (g) “Effective period" means the

or position under the then applicable period commencing on the effective

requirements of the employing carrier. date of these regulations and ending

(m) "Seasonal employment” means on the later of: (1) October 23, 1988, or

employment during limited periods of (2) the last day of the final month in

the year due to peak market condiwhich the Secretary is required to tions or other factors which are perimake a payment under Section 43 of

odic in nature, and in positions which the Act; except that nothing in these

do not confer seniority or recall rights. regulations shall preclude the exercise

(n) "Secretary" means the Secretary of statutory rights and duties between

of Labor of the United States. October 24, 1978, and the effective

(0) “Temporary employment” means date of these regulations.

employment of limited duration which (h) “Eligibility period” means the

does not confer seniority or recall ten-year period beginning on October

rights. 24, 1978.

(p) “Terminated,” means, unless ex(i) “Employment relationship” pressly provided to the contrary, termeans an attachment to a covered air mination of employment, other than carrier which includes, but is not limit- for cause. ed to, compensated service, furlough, (q) “Terminated for cause” means leave, or strike.

the separation of an individual from (j) "Equal employment opportunity employment initiated by an air carrier requirement” means a specific equal for violation of such carrier's rules, employment requirement, pursuant to policies, procedures, or practices per

federal court administrative taining to employee standards of conorder, consent decree, or conciliation duct, job performance, or dependabilagreement, requiring that named indi- ity. viduals or specific members of a class (r) “Vacancy” means an employment are entitled to relief by virtue of the opportunity other than seasonal or

6

а.

or

temporary employment, which an air carrier seeks to fill from outside its existing or furloughed work force.

& 220.02 Purpose.

Section 43(d) of the Act provides a first-right-of-hire for designated employees of covered air carriers. The regulations in this part are issued to effectuate section 43(d) (1) and (2) of the Act (hereinafter referred to as the Rehire Program).

8 220.03 Scope.

(a) The Rehire Program is applicable only to designated employees, as more fully set forth herein, and only those employees who are expressly granted a hiring preference under the Act and these regulations have any rights under the Rehire Program. The Secretary of Labor will also publish a comprehensive list of jobs available with air carriers.

Subpart B-Designated Employees'

Eligibility and Rights $ 220.10 Eligibility requirements.

(a) To qualify as a designated employee eligible for rights under this Part 220, an applicant must be a protected employee who is involuntarily placed on furlough or is terminated by a covered air carrier during the eligibility period.

(b) A protected employee shall not be deemed to be furloughed or terminated if such employee:

(1) Retired voluntarily;

(2) Was required to retire by virtue of reaching the mandatory retirement age, if any, established by a covered air carrier or as prescribed by any government agency with regulatory authority over a covered air carrier;

(3) Retired due to a disability;

(4) Is on strike or is withholding services in support of other employees who have struck the covered air carri. er;

(5) Is terminated for cause as de. fined in § 220.01;

(6) Resigned or voluntarily quit for any reason.

(c) A designated employee who is recalled by his former carrier is no longer eligible under this section to exercise the first-right-of-hire. Such a person may become a designated employee in the future due to a subsequent termination or furlough which occurs on or prior to the expiration of the eligibility period.

$ 220.04 Responsibilities of the Secretary

of Labor. The Secretary of Labor is responsible for administering the Rehire Program, and the Deputy Under Secretary for Labor-Management Relations and Cooperative Programs, Bureau of Labor-Management Relations and Cooperative Programs (BLMRCP) has been delegated responsibility for the following:

(a) The development and promulgation of policies, regulations and procedures covering the first-right-of-hire provisions of Section 43(d)(1) of the Act;

(b) The development and promulgation of policies, regulations, and procedures covering the comprehensive job list required under Section 43(d)(2) of the Act; and

(c) The establishment and implementation of reporting requirements for air carriers to obtain pe nent information necessary for fulfilling the Secret. ry's responsibilities under Section 43(d)(2) of the Act.

8 220.11 Designated employees' rights.

(a) A designated employee shall have a first-right-of-hire in such employee's occupational specialty, regardless of age, with any covered air carrier hiring additional employees; Provided, however, That each desig. nated employee must satisfy all qualifications or other requirements established by the hiring carrier (subject to the limitations contained in § 220.21) and must make a timely application in accordance with normal carrier procedures for any particular job vacancy.

(b) A designated employee hired by any covered air carrier pursuant to the provisions of the Act shall not be required, as a condition of employment, or in any other manner, to relinquish, waive, or forfeit any seniority or recall rights which such person may possess with any other air carrier; Provided, however, That the provisions of this part shall not be deemed to create or prolong any such seniority or recall rights.

Subpart C—Carriers' Responsibilities

(2) The existence of any seniority, recall rights or previous experience with any other air carrier; Provided, however, That covered air carriers shall be entitled to require prospective employees to disclose the existence of any such seniority or recall rights in making application for employment and to take the existence or nonexistence of such rights into account in selecting from among those qualified designated employees who have applied for a particular job vacancy.

(b) In filling job vacancies during the effective period, covered air carriers shall be entitled to require applicants to furnish evidence that they are designated employees.

EDITORIAL NOTE: A court-ordered justification by the Secretary of Labor relating to 29 CFR 220.21(a)(1) appears at 51 FR 32306, Sept. 11, 1986.

$ 220.20 Duty to hire.

(a) Subject to $ 220.24, a covered air carrier shall have the duty to hire a designated employee, regardless of age, who otherwise meets the qualification requirements established by such carrier before it hires any other applicant when such carrier is seeking to fill a vacancy in the designated employee's occupational specialty from outside its work force. As used herein "work force” shall include all present employees and any furloughed or terminated employees who, at the time of furlough or termination, possessed recall or seniority rights.

(b) Subject to the provisions of § 220.24, a covered air carrier shall not fill a vacancy, which would otherwise be available to a designated employee, by promoting or reassigning a seasonal or temporary employee, unless such seasonal or temporary employee is a designated employee.

(c) When considering applications from more than one designated employee for a particular vacancy, a covered air carrier shall be entitled to offer employment to any such designated employee in its absolute discretion.

8 220.22 Listing a vacancy.

(a) During the effective period all air carriers shall be required to list each vacancy with the Center at the earliest practicable time, and to include with such listing a statement as to whether the carrier is subject to an equal employment opportunity requirement, as defined in these regulations, in filling the vacancy. In addition, any air carrier shall be entitled to list anticipated vacancies with the Center at any time.

8 220.21 Criteria for employment.

(a) A covered air carrier shall be entitled to apply any prerequisites or qualifications determined by it for any vacancy, except that, solely with respect to the duty to hire created by the Act, a covered air carrier shall not be entitled to limit employment opportunities for designated employees on the basis of:

(1) Initial hiring age (provided that such prohibition shall not be applicable to retirement ages applicable to all of any class or craft of such air carrier's employees); or

$ 220.23 Content of vacancy listing.

Air carriers shall provide the Center with a description for each job listing, which shall include, but need not be limited to, the following:

(a) Job title;

(b) Type of position (full or parttime);

(c) Salary;

(d) Basic qualifications and/or training requirements;

(e) Brief description of duties;
(f) Location of vacancy (if known);

(g) Special requirements such as type rating, licensing, skill requirements, etc.;

(h) Whether the vacancy is subject to the duty to hire;

(i) Information on how to apply, such as contact peson, mailing address, and any special application procedures; and

(j) Whether the carrier is subject to an equal employment opportunity requirement, as defined in these regulations, in filling the vacancy. (Approved by the Office of Management and Budget under OMB Control Number 1214-0002.)

8 220.24 Filling a vacancy.

(a) A covered air carrier may fill a vacancy with a designated employee at any time after a vacancy has been listed with the Center.

(b) A covered air carrier may fill a vacancy with someone who is not a designated employee after the vacancy has been listed with the Center for at least 30 days; if

(1) No designated employee with the requisite occupational specialty has applied for the vacancy in accordance with $ 220.30 within that time;

(2) No designated employee who did apply within that time period meets the carriers' criteria for employment as set forth in § 220.21; or

(3) The vacancy is subject to an equal employment opportunity requirement and the carrier cannot satisfy such equal employment opportunity requirement by hiring a designated employee.

(c) A covered air carrier may fill a vacancy on a temporary basis with someone who is not a designated employee while the carrier is considering applications for the vacancy which were received from designated employees during the listing period.

(d) The date of the listing shall be the date on which the listing is received by the Center.

specialty at the time of separation from employment for former employees.

(c)(1) Not later than 90 calendar days after the effective date of these regulations, each covered air carrier shall provide a onetime notice to each employee with an employment relationship with the carrier on October 24, 1978, stating whether or not the carrier has determined that employee to be a protected employee within the meaning of these regulations, and if so that the carrier has reported his or her name to the Secretary. Employees who are determined to be not protected shall be advised of their rights to appeal.

(2) Employees who dispute the carrier's determination of protected status may submit evidence of their status to the covered air carrier within 60 calendar days of receiving the notice required by paragraph (c)(1).

(3) The covered air carrier shall consider the evidence submitted by the employee and shall inform the employee of its final determination within 15 calendar days of the submission of evidence. In the event the car. rier determines that the employee qualifies as a protected employee, it shall forward the information required by paragraph (b) of this section to the Secretary. (The requirements contained in $ 220.25(a) were approved by the Office of Management and Budget under OMB Control Number 1214-0002.)

8 220.25 List of protected employees.

(a) Within 60 calendar days of the effective date of these regulations, each covered air carrier shall provide the Secretary with a list of all protected employees who were employed by it on October 24, 1978.

(b) The list shall contain the following information:

(1) Protected employee's name;

(2) Social Security number (if available); and

(3) Current occupational specialty for present employees or occupational

8 220.26 Appeals to the Secretary.

(a) If the employee disagrees with the carrier's final determination under $ 220.25 that he or she is not a protected employee within the meaning of this part, the employee (or his or her designated representative with express authorization) may appeal such determination to the Secretary within 60 calendar days of the carrier's final decision under $ 220.25(c)(3) or the date when such decision was required.

(b) An appeal must be written, dated, and signed by the employee. It must set forth:

(1) The full name, address, and telephone number of the employee;

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