Airline pilots' job responsibilities, training, and salary levels are comparable to other professionals. On the face of things, pilots seem to be very different from the typical unionized worker. Yet, most pilots and other aviation professionals are union members.
A labor-intensive industry, airlines are dependent on unionized pilots and other highly trained professionals to keep their planes flying and their customers satisfied.Airlines, like most of the mature industries in the United States, are heavily unionized. U.S. and Canadian airlines regularly and continually bargain with labor unions over the working conditions of their employees. Deregulation of the commercial aviation industry took place with the passage of the Airline Deregulation Act of 1978[1].
However, the industry still is charged with a public interest and is heavily supervised by the government.In the year 1938 the labor aspects of airline service were placed controlled by the federal government in a way resembling the historic control of surface carriers by the Interstate Commerce Commission (ICC) and of public utilities such as electric power companies by state public utility commissions (O’Connor, William E., 1971).The agency set up to administer the economic regulation of airlines was the Civil Aeronautics Board (CAB). It consisted of five members, selected for six-year terms by the president with the permission of the Senate, supported by a staff that averaged about 750 employees.Then, on October 24, 1978, the Airline Deregulation Act of 1978 (ADA) became law and with it was commenced a new age in the history of our airlines.
Despite its name, this act did not eradicate all economic regulation.Rather, it concentrated the degree of this regulation by steps over a period of quite a few years through the end of 1984, at which time the CAB was eliminated. Pursuant to the Civil Aeronautics Board Sunset Act (P.L.
98–443), enacted October 4, 1984—referred to hereinafter as the Sunset Act—all the CAB’s remaining functions were relocated to the Department of Transportation (DOT).Enforced by the Equal Employment Opportunity Commission, the Civil Rights Act applies to employers and unions alike. It bans discrimination in hire, promotion, or tenure on the basis of race, creed, color, sex, or national origin. There is an exception for bona fide occupational qualifications (BFOQ).There is no exception based merely on consumer preference. For example, passengers may allegedly prefer to be pampered by a female stewardess or shepherded through the skies by a steely-eyed male captain.
However, even if true customer preferences, they are insufficient reasons for discrimination by sex.It is also discriminatory to apply height requirements and weight qualifications differently to male and female crew members. Any such requirement must be demonstrated to be job-related. For example, small commuter aircraft may necessitate shorter personnel.
However, it is discriminatory to have qualifications based on appearance (weight, for example) that are applied unevenly to men and women.Discrimination by race or nationality is also forbidden by the Act. It may be preferential for an airline flying to Puerto Rico to have Spanish-speaking flight attendants. This does not permit the carrier to limit its crews to those of Spanish ancestry.The following case looks closely at the relationship between the Civil Rights Act and the Railway Labor Act.
The case also provides insights into the class and craft systems on railroads and airlines (Komons, 1989).[1] 42 U.S.C.
§§ 501-503 (1982) allows funding for state unemployment compensation laws provided such laws pass certain administrative requirements. Other than state unemployment compensation, supplemental benefits are all that are available to most displaced employees.
