Labour Relations in Aviation


Book Description

Aerospace Law and Policy Series, Volume 23 In an increasingly competitive air transport environment, airlines are forced to adapt their business models, including employment conditions, in order to maintain and possibly enhance their presence in the market. The airline market is cyclical, and each traffic recovery is accompanied by numerous social developments; air laws and social regulations are becoming closer. This practical and thoroughly researched book brings together, for the first time, the topical legal issues relating to the employment of civil aviation personnel. Considering the latest publications, doctrinal opinions, legal bases, and case law, the author and several distinguished contributors cover such issues and topics as the following: EU social regulations in relation to third States; civil aviation safety rules that have an impact on the working conditions of crew members; social security systems applicable to crew members; competent court and labour law applicable to crew members’ employment relationships; key questions pertaining to posting crew members across borders; social issues related to the leasing of aircraft, including crew; data protection of crew members; atypical forms of employment in the aviation industry; right to strike for crew members; employment consequences of transfer of undertakings in civil aviation; and role of trade unions and collective labour agreements in air transport. The author also traces the process of liberalisation of the EU air transport market and its consequences on the operational structures of airlines and on the working conditions of crew members. For ease of reading, the annex to this book contains excerpts of the relevant legal texts. Lawyers, officials, business people, policymakers and academics with a professional interest in aviation law will find concise yet comprehensive guidance in this book that will help them to understand and address social and legal issues in the ever-changing world of aviation.




Labor Relations in the Aviation and Aerospace Industries


Book Description

In this textbook designed for courses on aviation labor relations, the authors-experts with many years of experience in these sectors-examine and evaluate the labor process for all aspects of the aviation and aerospace industries, including aerospace manufacturing, airlines, general aviation, federal and state administrative agencies, and public airports. Divided into three parts-Public Policy and Labor Law; Principles, Practices and Procedures in Collective Bargaining and Dispute Resolution; and the Changing Labor Relations Environment-the book provides an overview of the industries and the development of US labor law and policy, then explores the statutory, regulatory, and case laws applicable to each industry segment before concluding with an examination of current and developing issues and trends. The authors present the evolution of aviation and aerospace labor laws, going as far back as the early nineteenth century to lay the historical foundation, and cover the development and main features of the principal statutes governing labor relations in the United States today, the Railway Labor Act, the National Labor Relations Act, and the Civil Service Reform Act. They also investigate the growth of the industries and their impact on labor relations, as well as the current issues and challenges facing management and labor in each segment of this dynamic, sometimes volatile, business and their implications for collective bargaining. Twenty case studies not only illuminate practical applications of such fundamental concepts as unfair labor practices and unions' duty of fair representation but also enliven the subject, preparing the reader to use the concepts in real-world decision making. A study guide with review questions, online assignments, supplemental readings, and exercises is available for students. For those teachers using the textbook in their courses, there is an instructor's manual with additional resources for developing courses in the classroom, online, or by blended learning, as well as a variety of assignments and materials to enhance and vary the mock negotiation exercise. A revision and expansion of Robert W. Kaps's Air Transport Labor Relations, this outstanding new volume provides students and teachers with valuable information and perspectives on industries that are highly dependent on technologically skilled labor. Labor Relations in the Aviation and Aerospace Industries offers a sweeping and thorough treatment of labor relations, public policy, law, and practice and is the definitive work on the labor process in the aviation and aerospace sectors.




Up in the Air


Book Description

"And you thought the passengers were mad. Airline employees are fed up, too-with pay cuts, increased workloads and management's miserly ways, which leave workers to explain to often-enraged passengers why flying has become such a miserable experience."—New York Times, December 22, 2007When both an industry's workers and its customers report high and rising frustration with the way they are being treated, something is fundamentally wrong. In response to these conditions, many of the world's airlines have made ever-deeper cuts in services and their workforces. Is it too much to expect airlines, or any other enterprise, to provide a fair return to investors, high-quality reliable service to their customers, and good jobs for their employees?Measured against these three expectations, the airline industry is failing. In the first five years of the twenty-first century alone, U.S. airlines lost a total of $30 billion while shedding 100,000 jobs, forcing the remaining workers to give up over $15 billion in wages and benefits. Combined with plummeting employee morale, shortages of air traffic controllers, and increased congestion and flight delays, a total collapse of the industry may be coming. Is this state of affairs inevitable? Or is it possible to design a more sustainable, less volatile industry that better balances the objectives of customers, investors, employees, and the wider society? Does deregulation imply total abrogation of government's responsibility to oversee an industry showing the clear signs of deterioration and increasing risk of a pending crisis?Greg J. Bamber, Jody Hoffer Gittell, Thomas A. Kochan, and Andrew von Nordenflycht explore such questions in a well-informed and engaging way, using a mix of quantitative evidence and qualitative studies of airlines from North America, Asia, Australia, and Europe. Up in the Air provides clear and realistic strategies for achieving a better, more equitable balance among the interests of customers, employees, and shareholders. Specifically, the authors recommend that firms learn from the innovations of companies like Southwest and Continental Airlines in order to build a positive workplace culture that fosters coordination and commitment to high-quality service, labor relations policies that avoid long drawn-out conflicts in negotiating new agreements, and business strategies that can sustain investor, employee, and customer support through the ups and downs of business cycles.




International Aviation Labour Law


Book Description

International Aviation Labour Law explores the status quo of the international regulation of labour and employment within the air transport industry and provides a detailed analysis of the regulatory endeavours undertaken at the international, European and domestic level to harmonise aviation labour regulations and ensure adequate labour standards for aircrew members. Offering an original insight into the regulation of labour in the aviation sector and airline industry, it analyses regulatory endeavours undertaken at the international, European and domestic level, exploring the main challenges arising from non-uniform and fragmented regulation of labour standards in the air transport sector. In particular, it investigates whether aviation labour regulations are sufficiently harmonised at an international level to ensure adequate labour standards for aircrew members. Key concerns relating to aviation labour are dealt with from a regulatory and practical perspective, and the current normative gaps are examined in view of potential future regulatory trends and solutions via a thorough analysis of the applicable legislation, landmark court decisions and the use of practical examples, to provide an overview of the various nuances of the topic. The book identifies and explore the main implications and repercussions of regulatory asymmetry and highlights the critical role of labour for air transport and how discrepancies in labour regulation may affect the practice of flying and the essence of aviation safety. It emphasises a strong need for international regulatory coordination and is a key reference for a varied audience of students, academics, professionals and rule-makers involved in the air transport arena and for all those who have an interest in the regulation of labour and employment in aviation.




Air Transport Labor Relations


Book Description

Robert W. Kaps examines air transport labor law in the United States as well as the underlying legislative and policy directives established by the federal government. The body of legislation governing labor relations in the private sector of the U.S. economy consists of two separate and distinct acts: the Railway Labor Act (RLA), which governs labor relations in the railroad and airline industries, and the National Labor Relations Act (NLRA), which governs labor relations in all other industrial sectors. Although the NLRA closely follows the pattern established by the RLA, Kaps notes that the two laws are distinguishable in several important areas. Labor contracts negotiated under the RLA continue in perpetuity, for example, whereas all other labor contracts expire at a specified date. Other important areas of difference relate to the collective bargaining process itself, the procedures for the arbitration of disputes and grievances, and the spheres of authority and jurisdiction to consider such matters as unfair labor practices. Congress established a special labor law for railroad and airline workers for several reasons. Because of transportation’s critical importance to the economy, an essential goal of public policy has been to ensure that both passenger and freight transportation services continue without interruption. Production can cease—at least temporarily—in most other industries without causing significant harm to the economy. When transportation stops, however, production stops. Thus Congress saw fit to enact a statute that contained provisions to ensure that labor strife would not halt rail services. Primarily because of the importance of air mail transportation, the Railway Labor Act of 1926 was extended to the airline industry in 1936. The first section of this book introduces labor policy and presents a history of the labor movement in the United States. Discussing early labor legislation, Kaps focuses on unfair labor practices and subsequent major labor statutes. The second section provides readers with a comparison of labor provisions that apply to the railroad and airline industries as well as to the remainder of the economy. The final section centers on the evolution of labor in the airline industry. The author pays particular attention to recent events affecting labor in commercial aviation, particularly the effect of airline deregulation on airline labor.




Airline Labor Relations in the Global Era


Book Description

Comprises 18 papers grouped under four themes (problems in the industry; globalization; the impact of deregulation on labour relations; and solutions) which discuss the state of labour relations and the role of the trade unions in the US airline industry. Focuses on the financial crisis within the industry, airline globalization, and the impact of deregulation on labour relations. Examines programmes that have fostered cooperative labour relations. Includes a paper on deregulation and labour relations at Air New Zealand.




Introduction to Air Law


Book Description

The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.







International Aviation Law


Book Description

International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law from criminal law to contract law to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.




International Aviation Law


Book Description

This is the third edition of a now-renowned guide that provides an extensive account of the state of the aviation industry and the law that regulates it. This new edition, revised and updated throughout, focuses on environmental and sustainability considerations, and includes a new chapter on innovations aimed towards meeting the 2050 Net Zero Emission targets endorsed by the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA). International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law, from criminal law to contract law, to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for those working in the aviation industry. The book is written for a very broad readership of those working within the aviation industry, those aspiring to work within it and those within the legal profession dealing with air transportation, as well as students within the same industries. The third edition will additionally find favour with new readers seeking information on environmental issues and answers to the question of how the aviation sector will meet the 2050 emission targets.