(2) The full name and address of the carrier making the determination; the full name of the individual(s) who made the determination for the carrier and the date of that determination; (3) A summary of the pertinent events and circumstances concerning the employee's status and the basis of the disagreement, including the original date of hire, date of all periods of furlough, leave or termination, and copies of relevant documents; and (4) Such other information as may be required by the Secretary. (c) Any appeal hereunder may be filed with the Airline Employee Protection Program, Bureau of LaborManagement Relations and Cooperative Programs, Room N-5416, 200 Constitution Avenue, NW., Washington, DC 20210. (d)(1) Upon receipt of an appeal, the Secretary will request information from the parties or conduct such other investigation as may be required. (2) Upon review of the entire record, the Secretary shall determine either that: (i) The employee qualifies for protected status, and the Secretary shall add the employee's name to the list of protected employees and so notify the parties; or (ii) The employee does not qualify for protected status and so notify the parties. § 220.27 Notice of rights. (a) Not later than the date of separation from employment, a covered air carrier which furloughs or terminates a protected employee during the eligibility period, unless such furlough is limited to a specific period of less than 90 calendar days, shall furnish such protected employee with a notice of rights in the form of a letter or other written documentation that such employee is a designated employee and thereby is entitled to exercise a firstright-of-hire. Such notice of rights shall include, but not be limited to, the following information: (1) Name; (2) Social Security number (if available); (3) Occupational specialty; (4) Date of furlough or termination; (5) An official of the covered air carrier who can verify the individual's status as a designated employee; and (6) Signature, name, and location of the certifying official. (b) As soon as practicable, but not later than 60 calendar days following the effective date of these regulations, each covered air carrier shall make a reasonable effort to provide the notice or rights required in paragraph (a) of this section to any designated employee who was furloughed or terminated by such carrier on or after October 24, 1978, and prior to the effective date of these regulations and who has not been recalled to employment by such covered air carrier. (c) A covered air carrier shall provide a verified true copy of the notice of rights to a designated employee who has lost his or her original copy. (Approved by the Office of Management and Budget under OMB Control Number 1214-0002.) § 220.28 Air carrier actions to be reported to the Secretary. (a) A covered air carrier shall report to the Secretary: (1) The names and Social Security numbers (if available) of all designated employees hired by it, and (2) The filling of any vacancy with other than a designated employee. With respect to any occurrences reported under paragraph (a)(2) of this section, the report of the covered air carrier shall contain the job order number assigned to that vacancy by the Center, the date of hire, and a certification by a corporate officer that the carrier complied with the provisions of this part and that no qualified designated employee with the requisite occupational specialty applied in a timely manner. (b) Two copies of the reports required by this section shall be filed with the Secretary covering the sixmonth periods ending June 30 and December 31 of each calendar year in which these regulations are in effect and shall be submitted within 60 calendar days of the end of the reporting period. (Approved by the Office of Management and Budget under OMB Control Number 1214-0002.) § 220.29 Equal employment opportunity. (a) Where a covered air carrier is under an equal employment opportunity requirement, the covered air carrier shall, to the extent possible, satisfy this equal employment obligation by hiring qualified designated employ ees. (b) Where a covered air carrier is under an equal employment opportunity requirement and cannot satisfy such requirement by hiring from the pool of qualified designated employees, the carrier may meet its equal employment requirement by hiring nondesignated employees. Provided, however, That this provision shall not change or reduce the responsibilities of carriers in regard to the hiring procedures required by §§ 220.21, 220.22, 220.23, and 220.24. Subpart D-Designated Employees' Responsibilities § 220.30 Designated employees' responsibilities. It is the responsibility of each designated employee to: (a) Make application to any covered air carrier for whom the designated employee desires to work in the time and manner required by such carrier. (b) To insure that an application previously submitted to a covered air carrier which currently lists a vacancy is in an active status so as to be considered for such vacancy; (c) To provide a copy, if requested, of the notice of rights to a potential employing air carrier; and (d) To retain the original notice of rights for future use. Subpart E-Department of Labor's Responsibilities § 220.40 Comprehensive job list. (a) The Secretary shall establish a Center to maintain a comprehensive listing of all vacancies listed by air carriers in accordance with §§ 220.22 and 220.23. (b) The Center will be accessible by telephone throughout the United States to facilitate the listing or modifying of vacancy information by air carriers. (c) The Center shall provide an air carrier with an identifying number for each vacancy listed on the comprehensive listing. (d) The comprehensive listing shall be compiled, published and distributed to each local office of the State Employment Security Agencies on a periodic basis as determined necessary by the Secretary, and it shall be distributed to such other individuals or organizations as may desire to receive copies thereof in accordance with criteria established by the Secretary from time to time. APPENDIX I-U.S. CARRIERS CERTIFICAT ED AS OF OCTOBER 23, 1978, UNDER SECTION 401 OF THE FEDERAL AVIATION ACT OF 1958, AS AMENDED (Annotations Reflect Operating Status as of December 2, 1985.) 1. Airlift International, Inc. 2. Air Micronesia, Inc. 3. Air Midwest 4. Air New England, Inc.* 5. Air Wisconsin, Inc. 6. Alaska Airlines, Inc. 7. Allegheny Airlines, Inc. (2) 8. Aloha Airlines, Inc. 9. American Airlines, Inc. 10. Aspen Airways, Inc. 11. Braniff Airways, Inc. (1) 12. Capitol International Airways, Inc.* 13. Chicago Helicopter Airways, Inc.* 14. Colonial Airlines, Inc.* 15. Continental Air Lines, Inc. 16. Delta Air Lines, Inc. 17. Eastern Airlines, Inc. 18. Evergreen International Airlines, Inc. 19. The Flying Tiger Line, Inc. 20. Frontier Airlines, Inc. 21. Hawaiian Airlines, Inc. 22. Hughes Air Corp.* (4) 23. Kodiak Western Alaska Airlines, Inc.* 24. Mackey International Airlines, Inc.* 25. McCulloch International Airlines, Inc. 26. Midway Airlines, Inc. 27. Midway (Southwest) Airways, Co.* 28. Modern Airways, Inc. (1) 29. Munz Northern Airlines, Inc.* 30. National Airlines, Inc.* (5) 34. Overseas National Airways, Inc.* (6) 36. Pan American World Airways, Inc. 37. Piedmont Aviation, Inc. 38. Reeve Aleutian Airways, Inc. 39. Rich International Airlines, Inc. (1) 43. Texas International Airlines, Inc. (8) 46. United Airlines, Inc. 51. Zantop International Airlines, Inc. * No longer holds certificate. (1) Holds certificate, but not operating. (2) Renamed U.S. Air, Inc. (3) Renamed Capitol Air, Inc. (4) Merged into Republic Airlines, Inc. (5) Merged into Pan American World Airways, Inc. (6) Ceased operation in September 1978. United Air Carriers, Inc., dba National Airlines and dba Overseas National Airways, may be a successor. (7) Merged into Flying Tiger Line, Inc. (8) Merged into Continental Airlines. (9) Renamed Transamerica Airlines, Inc. 30-105 0-89-5 |