Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description

Author: Andrea Trimarchi
Publisher: Routledge
ISBN: 1000625338
Category : Law
Languages : en
Pages : 232

View

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.

Author: Frank J. Dooley
Publisher: Bloomsbury Publishing USA
ISBN: 0313037930
Category : Business & Economics
Languages : en
Pages : 214

View

Book Description
Although Americans enjoy the convenience and economic benefits of the world's most advanced air transportation system, the future of the airline industry is clouded by capacity constraints, safety and environmental concerns, the consolidation of carriers, and, especially, airline labor relations under the Railway Labor Act. In this volume, William E. Thoms and Frank J. Dooley provide a comprehensive, authoritative overview of the history, the law, and the mechanics of modern airline labor bargaining. The authors trace the development of airline labor law, the representation and labor bargaining processes, and labor protection. The discussion is enhanced throughout by the inclusion of up-to-date case law. Other statutes which have an important impact on the employment relationship such as the Airline Deregulation Act are also considered in detail. Finally, the authors explore future issues which may affect relations between labor and management in the aviation industry. The book begins by reviewing the background of airline labor law, providing insights into the origins of airline regulation. The authors then provide a thorough discussion of the Railway Labor Act negotiating process, including the requirements of the Act, procedural steps in major and minor disputes, the role of the National Mediation Board, and mandatory bargaining subjects. Six areas related to the settlement of disputes are then studied in greater detail: the distinction between major and minor disputes; the role of air transport system boards of adjustment; the purpose of emergency boards; the related concepts of impasse, economic self-help, and reinstatement; strikes, boycotts, and injunctions under the Railway Labor Act; and restrictions on subcontracting. The next two chapters examine other statutes affecting airline labor relationships and the labor protection provisions of the Railway Labor Act. The authors conclude by looking at future trends in aviation labor law and the impact of issues such as drug testing, employee ownership plans, and mergers on airline labor relations. Ideal as a set of readings for courses on transportation law, labor economics, and transportation management, this book will also be of significant interest to regulators, union leaders, and attorneys specializing in transportation issues.

Author: Jacomo Restellini
Publisher: Kluwer Law International B.V.
ISBN: 9403545712
Category : Law
Languages : en
Pages : 389

View

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.

Author: Robert W. Kaps
Publisher: SIU Press
ISBN: 0809390019
Category : Business & Economics
Languages : en
Pages : 386

View

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.

Author: Ruwantissa Abeyratne
Publisher: AuthorHouse
ISBN: 1449047688
Category : Business & Economics
Languages : en
Pages : 286

View

Book Description
There has been a long felt need for a book which details the legal aspects of the airport business. This book will discuss the nature of the airport business and inquire into the constraints faced by airports in obtaining their revenues. It will also discuss the liability of an airport operator for injury to persons who use the airport premises and liability for vehicular accidents landside or airside including work accidents of airport employees or other accidents caused by airport employees of the airport. The bulk of the book will be dedicated to the legal aspects of issues such as principles of lease financing of premises and equipment; employee contracts; agency; general contractual and tortuous liability of airports; negligent entrustment of property and equipment; obligations of oversight of tenants in their implementation and application of contractual terms, Risk Management; legal principles pertaining to the oversight of airport safety and security; competition; labour law; and the art of negotiation.

Author: Robert W. Kaps
Publisher: SIU Press
ISBN: 9780809317769
Category : Law
Languages : en
Pages : 320

View

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.

Author: Jan Walulik
Publisher:
ISBN:
Category :
Languages : en
Pages : 2

View

Book Description
Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation.First, it focuses on discrepancies within the regulatory and antitrust framework and possible solutions thereto. Possible strategies for multilateralisation and defragmentation of air law are discussed, including those within the ICAO and WTO systems, as well as privatisation, trans-national cooperation and consolidation between airlines.This is followed by a debate on international harmonisation of air policy and economic regulation with competition law and policy. This part deliberates on the peculiarities of the latter framework, such as 'extraterritorial' application (effects doctrine) and antitrust immunities. Specific legal problems concerning airline alliance activities are also addressed, such as code-sharing, leasing, franchising and common branding, as well as metal-neutral joint ventures and real air carrier mergers. The discussion extends to competition and possible conflicts between air transport law and other legal regimes, including space law, environmental law (carbon offsetting schemes) and labour law, which are relevant to aviation and growing aerospace activities. The study also contributes to some specific regulatory problems, such as possible regulation of space tourism under air law, airline ownership and control, balance between aviation safety and airline liberalisation, development of regional liberalisation initiatives and solutions to eliminate air connectivity gaps.The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent world's key air transport markets and air law academic centres.

Author: Paul B. Larsen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004219269
Category : Law
Languages : en
Pages : 1395

View

Book Description
The flying public, airlines, and governments will all agree on one date that changed commercial flying: that was September 11, 2001. The first edition of Aviation Law: Cases, Laws and Related Sources, described early consequences of that event, particularly compensation of victims and early tightening of aviation security. Subsequently laws and regulations affecting all aspects of aviation changed so rapidly that it became difficult to set a cut-off date for the second edition. The rapid flow of events made an update urgent. Several gaps in the materials of the first edition became evident as the book was used. The authors filled those gaps, pruned old materials and added much new material describing not only the later developments, but also evolving economics and flight technology. The objective of the case book is to offer a basic handbook for air law practitioners providing them with a starting point for almost any subject they may encounter. For example, a lawyer specializing in liability law will quickly be able to find basic materials on the International Civil Aviation Organization (ICAO), air carrier licensing, FAA certification, and labor law. The book continues to present aviation law from the American point of view. Thus the book will be valuable for foreign air lawyers who are guiding foreign airlines in service to the very important North American pool of air traffic. The book also explains the international scene to American air lawyers so that they may guide their clients who provide foreign service. New chapters on liability for cargo damage and for ground damages have been added and new materials on the legal rights of lessors, successors, actual carriers and code-shares. A chapter on environmental regulation of aviation noise and emissions is also new. All the main subjects listed in the first edition are significantly updated. The three authors are veteran transportation lawyers and continue their activities in this field.

Author: Paul B. Larsen
Publisher: Martinus Nijhoff Publishers
ISBN: 900447885X
Category : Law
Languages : en
Pages : 957

View

Book Description
In our post-9/11 world, the laws of aviation are under intense scrutiny. From torts law and victim compensation to passenger screening, pilots with guns, and international aviation agreements, the practice of aviation law is burgeoning. The book, AVIATION LAWS: Cases, Laws, and Related Sources, fills a gap in legal literature. It is directed to both practicing lawyers and to law students. The book introduces all the major areas of air law: International air law regime, crimes involving aircraft, economic regulation of domestic and international air carriage, litigation management, domestic and international liability regimes, governmental immunity from liability, airport law, airline travel restrictions, airport law, insurance, NTSB accident investigation, aircraft financing, FAA regulation of air safety, and airline labor relations. These subjects are presented not only in explanatory text, but also in cases and related source materials. The most important texts are annexed. The authors, Professors Larsen and Gillick, have regularly taught the course in Air Law at Georgetown University Law Center for more than 30 years. They have long time hands-on experience at the Department of Transportation and in private practice. Professor Sweeney, John D. Calamari Distinguished Professor of Law, has taught the course at Fordham University Law School for 30 years. He also has extensive transportation practice background. Classroom adoption: $85/copy for 10 or more copies. Student Edition : 1–57105–340-9, $95/copy Published under the Transnational Publishers imprint.