§9091 — Title 15 Commerce and Trade | U.S. Code

Summary

Use the meanings in 49 U.S.C. 40102(a) unless this part defines a word differently. In this part, the key words mean the following. “catering functions” — making, packing, and delivering food, drinks, and related supplies to an airplane or to a spot at or near the airport for later delivery to an airplane. “contractor” — a person or a subcontractor who, under contract with a passenger airline that operates under part 121, does catering or other on-airport jobs directly tied to moving people, cargo, or mail (for example, loading, passenger assistance under part 382, security, ticketing, ground handling, cleaning, or waste removal). “employee” — a person (not a corporate officer) who works for an airline or a contractor. “recall” — a notice sent by mail, courier, or email to an involuntarily furloughed worker telling them to choose within a set time to return to work, skip return, or quit; not replying counts as quitting. “returning employee” — a furloughed worker who chooses to come back after a recall. “Secretary” — the Secretary of the Treasury.

Title 15, §9091

Commerce and Trade — Source: USLM XML via OLRC

Unless otherwise specified, the definitions in section 40102(a) of title 49 shall apply to this part, except that in this part—

(1)the term “catering functions” means preparation, assembly, or both, of food, beverages, provisions and related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft;

(2)the term “contractor” means—

(A)a person that performs, under contract with a passenger air carrier conducting operations under part 121 of title 14, Code of Federal Regulations—

(i)catering functions; or

(ii)functions on the property of an airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under part 382 of title 14, Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, or aircraft cleaning and sanitization functions and waste removal; or

(B)a subcontractor that performs such functions;

(3)the term “employee” means an individual, other than a corporate officer, who is employed by an air carrier or a contractor;

(4)the term “recall” means the dispatch of a notice by a passenger air carrier or a contractor, via mail, courier, or electronic mail, to an involuntarily furloughed employee notifying the employee that—

(A)the employee must, within a specified period of time, elect either—

(i)to return to employment or bypass return to employment, in accordance with an applicable collective bargaining agreement or, in the absence of a collective bargaining agreement, company policy; or

(ii)to permanently separate from employment with the passenger air carrier or contractor; and

(B)failure to respond within such time period specified shall be considered an election under subparagraph (A)(ii);

(5)the term “returning employee” means an involuntarily furloughed employee who has elected to return to employment pursuant to a recall notice; and

(6)the term “Secretary” means the Secretary of the Treasury.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended section 9041, 9071, and 9074 of this title. For complete classification of subtitle A to the Code, see Tables. Codification Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropriations Act, 2021, and not as part of the CARES Act which in part comprises this chapter.

§9091 Definitions

Summary

Title 15, §9091

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata