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§42111 Mutual Aid Agreements

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart ii — economic regulation › CHAPTER 421 — LABOR-MANAGEMENT PROVISIONS › SUBCHAPTER II — MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS › § 42111

Last updated Aug 21, 2026|Official source

Summary

If one airline will get payments from another because it stops or cuts back international flights during a strike, the airline getting money must file a true copy of the agreement with the Secretary of Transportation and get the Secretary’s approval under section 41309. The Secretary will approve only if payments are no more than 60 percent of direct operating expenses (including interest but not depreciation or amortization), benefits run for at most 8 weeks and do not cover the first 30 days of the strike, and the striking employees can ask for binding arbitration under the Railway Labor Act (45 U.S.C. 151 et seq.).

Title 49, §42111

Transportation, Source: USLM XML via OLRC

An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Secretary under section 41309 of this title. Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that—

(1)the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or amortization expenses;

(2)benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and

(3)on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act (45 U.S.C. 151 et seq.).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4211149 App.:1382(c).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 412(c); added Oct. 24, 1978, Pub. L. 95–504, § 29(a), 92 Stat. 1730; Feb. 15, 1980, Pub. L. 96–192, § 11(2), 94 Stat. 39; Oct. 4, 1984, Pub. L. 98–443, § 9(s), 98 Stat. 1708. 49 App.:1551(b)(1)(C) (related to 49 App.:1382(c)).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(C) (related to § 412(c)); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, § 4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, § 3(a), 98 Stat. 1703. In this section, before clause (1), the text of 49 App.:1382(c)(1) is omitted as executed. The words “For purposes of this subsection, the term . . . (A) ‘mutual aid agreement’ means” are omitted because of the restatement. The words “contract or”, “which are parties to such contract or agreement”, and “during which” are omitted as surplus. The word “providing” is substituted for “engaging in” for consistency. The words “service in” are omitted as surplus. The words “No air carrier shall enter into any mutual aid agreement with any other air carrier” are omitted as surplus. In clause (1), the words “For purposes of this subsection, the term . . . (B) ‘direct operating expenses’ includes” are omitted because of the restatement. The words “for any period” and “during such period” are omitted as surplus. In clause (2), the words “under the agreement” and “during any labor strike” are omitted as surplus.

Editorial Notes

References in Text

The Railway Labor Act, referred to in par. (3), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.