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DOL/ETA

RIN: 1205-AB17

Publication ID: Spring 1999

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 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 employee protection provisions were constitutional; therefore, rulemaking on the monetary benefits aspect of the employee protection program can proceed. In 1991 DOT determined there were no job losses due to deregulation. In September 1993, the U.S. District Court for the District of Columbia ordered DOT to develop broader guidelines to apply to air carriers, which may result in a finding of job losses. DOL has reinstituted clearance on the proposed rule. No benefits are payable to eligible workers until DOT determines that an air carrier experienced a qualifying dislocation and Congress appropriates the money to award benefits. To date, neither of these actions has 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  06/00/1999

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, 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