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DOL/ETA

RIN: 1205-AA07

Publication ID: Spring 1997

Title: Airline Deregulation: Employee Benefit Program
Abstract: U.S. District Court for the District of Columbia held that section 43 of the Airline Deregulation Act was unconstitutional. On July 16, 1985, the U.S. Court of Appeals decided that the employee protection provisions of section 43 were severable from the legislative veto provisions. The U.S. Supreme Court ruled on March 25, 1987 that the legislative veto provisions were unconstitutional but the first right-to-hire provisions were constitutional, therefore, rulemaking can proceed on the monetary benefits aspect of the employee protection provisions. In 1991 the DOT determined there were no job losses due to deregulation. In September 1993, the U.S. District Court for the District of Columbia ordered the DOT to develop broader guidelines to apply to the air carriers, which may result in a finding of job losses due to deregulation. The Department has reinitiated clearance on the proposed rule. No benefits are payable to eligible workers until the Department of Transportation certifies that an air carrier has experienced a qualifying dislocation after applying broader guidelines consistent with the court's order and Congress appropriates the money to award the benefits. Neither of these two events have occurred.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 618
Legal Authority: 49 USC 1552

Timetable:

Action	Date	FR Cite
NPRM	06/00/1997
NPRM Comment Period End	08/00/1997
Final Action	02/00/1998

Additional Information: Next action is undetermined pending Departmental review due to provision repealing Airline Employee Protection Program contained in S.143.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State
Included in the Regulatory Plan: No
Agency Contact: Betty E. Castillo Chief, Division of Unemployment Insurance Operations Department of Labor Employment and Training Administration Room S4231, 200 Constitution Avenue NW., FP Building, Room S4231, Washington, DC 20210 Phone:202 693-3032 Email: castillo.betty@dol.gov