Labor Relations in the Aviation and Aerospace Industries
Autor Robert W. Kaps, J. Scott Hamilton, Timm J. Blissen Limba Engleză Hardback – 7 mar 2012
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.
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Specificații
ISBN-13: 9780809330430
ISBN-10: 0809330431
Pagini: 384
Ilustrații: 98
Dimensiuni: 178 x 254 x 25 mm
Greutate: 0.82 kg
Ediția:1st Edition
Editura: Southern Illinois University Press
Colecția Southern Illinois University Press
ISBN-10: 0809330431
Pagini: 384
Ilustrații: 98
Dimensiuni: 178 x 254 x 25 mm
Greutate: 0.82 kg
Ediția:1st Edition
Editura: Southern Illinois University Press
Colecția Southern Illinois University Press
Notă biografică
Robert W. Kaps, a professor of aviation management in the Department of Aviation Management and Flight at Southern Illinois University Carbondale, has over thirty years of experience in labor and industrial relations, including work for a major airline.
J. Scott Hamilton is a professor of management at Embry-Riddle Aeronautical University and has practiced aviation law for over thirty years, including aviation labor relations; in government as assistant attorney general; and in aviation management as general counsel and chief operating officer.
An associate professor of aviation management at Oklahoma State University and the holder of the Roger Hardesty Endowed Chair in Aviation Science, Timm Bliss has more than twenty years of experience in higher education and public service.
J. Scott Hamilton is a professor of management at Embry-Riddle Aeronautical University and has practiced aviation law for over thirty years, including aviation labor relations; in government as assistant attorney general; and in aviation management as general counsel and chief operating officer.
An associate professor of aviation management at Oklahoma State University and the holder of the Roger Hardesty Endowed Chair in Aviation Science, Timm Bliss has more than twenty years of experience in higher education and public service.
Extras
CHAPTER 1. PUBLIC POLICY AND LABOR LAW
The role of transportation is so vital to society in general and to commerce in particular that governments have always treated it as a special industry, one that is particularly affected by the public interest. The famous Supreme Court case Munn v. Illinois, 94 U.S. 113 (1877), established the right of the state in the absence of congressional regulation to regulate business enterprises that provide essential public services. In writing for the majority, Chief Justice Morrison Waite cited a common property law principle that was over two hundred years old: “Property does become clothed with a public interest when used in a manner to make it public consequence, and affect the community at large. When therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good.”
Munn v. Illinois established the constitutionality of state government regulation of private enterprise. However, a few years later, in the 1886 case of Wabash, St. Louis, & Pacific Railroad Company v. Illinois (118 U.S. 557), the U.S. Supreme Court made a ruling that severely limited the states’ rights to control interstate commerce. Known as the Wabash case, the Court had to decide whether the individual states have the power to regulate railroad rates for interstate shipments. The final decision by the Court stated the commerce clause of the Constitution does not permit individual states the right to regulate railroad rates on the parts of interstate journeys that fall within their borders. With Wabash, the Court barred states from regulating interstate commerce, asserting that only the federal government could do so and, thereby, overturning its 1877 decision in Munn v. Illinois, which allowed states to regulate railroads.
As a result of this Court decision, Congress passed the Interstate Commerce Act in 1887, which created the Interstate Commerce Commission, the first true federal regulatory agency. It was designed to address the issues of railroad abuse and price discrimination. The creation of this commission signaled the movement of the U.S. government to nationally assume responsibility for economic affairs, which was previously delegated to the states.
Transportation is not only important to the national economy; it is also vital for national defense. This national-defense linkage caused virtually every developed country in the world except the United States to develop publicly owned-and-operated systems of railroads and airlines. Thus, employees of these nationalized transport industries are government employees and fall under their nation’s civil service labor laws. Several of these nations have now privatized their transportation systems, and others are now seeking to do so, adding complexity to the global transportation labor relations equation. Adhering to the philosophy of capitalism and private enterprise, the United States has always had privately owned railroad and airline industries (with the exception of Amtrak). Because of the unique relationship between transportation and the public interest, the U.S. government worked on the principle that it was necessary to pursue different public policy initiatives in the transportation sector than those followed in other sectors of the economy. Whenever government decides to undertake a new public policy directive or alter an existing one, it frequently does so through the legislative process by enacting statutes designed to accomplish its goals. In general, transportation policy can be grouped into two broad categories: developmental (subsidy) policy initiatives and regulatory policy initiatives.
The federal government has long followed a policy of subsidizing transportation activities to achieve certain national goals and objectives. Public subsidization of the private transportation sector has been justified on the grounds that an efficient rail and air transportation system is an “essential public good” and is “critical to national defense.” The essentially private transportation sector has been viewed by the federal government as being in the same class as a pure public good such that when produced, it is available to all citizens without restriction. It is this “public good” philosophy that has also led to federal subsidization of the nation’s system of airports and airways. Transportation is also subsidized because it is essential for economic growth. Significant direct and indirect benefits are associated with efficient private transportation systems that warrant public investment. For example, the U.S. government promoted both railroad transportation and air transportation because of their ability to carry the mail, which is closely linked to commerce. The railroads had reached their maturity by 1925, but the fledgling aviation industry needed assistance from the federal government. The Air Mail Act of 1925, also known as the Kelly Act, helped to regulate prices charged for hauling mail and freight. The U.S. Congress finally demonstrated its intent to regulate this growing aviation industry with the enactment of the Air Commerce Act of 1926, the first comprehensive attempt by the federal government to regulate the aviation industry. The act called for the promotion of air commerce, charged the federal government with the operation and maintenance of an airway system, required the federal government to operate and maintain all air-navigation aids, and called for the regulation of air safety.
[end of excerpt]
The role of transportation is so vital to society in general and to commerce in particular that governments have always treated it as a special industry, one that is particularly affected by the public interest. The famous Supreme Court case Munn v. Illinois, 94 U.S. 113 (1877), established the right of the state in the absence of congressional regulation to regulate business enterprises that provide essential public services. In writing for the majority, Chief Justice Morrison Waite cited a common property law principle that was over two hundred years old: “Property does become clothed with a public interest when used in a manner to make it public consequence, and affect the community at large. When therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good.”
Munn v. Illinois established the constitutionality of state government regulation of private enterprise. However, a few years later, in the 1886 case of Wabash, St. Louis, & Pacific Railroad Company v. Illinois (118 U.S. 557), the U.S. Supreme Court made a ruling that severely limited the states’ rights to control interstate commerce. Known as the Wabash case, the Court had to decide whether the individual states have the power to regulate railroad rates for interstate shipments. The final decision by the Court stated the commerce clause of the Constitution does not permit individual states the right to regulate railroad rates on the parts of interstate journeys that fall within their borders. With Wabash, the Court barred states from regulating interstate commerce, asserting that only the federal government could do so and, thereby, overturning its 1877 decision in Munn v. Illinois, which allowed states to regulate railroads.
As a result of this Court decision, Congress passed the Interstate Commerce Act in 1887, which created the Interstate Commerce Commission, the first true federal regulatory agency. It was designed to address the issues of railroad abuse and price discrimination. The creation of this commission signaled the movement of the U.S. government to nationally assume responsibility for economic affairs, which was previously delegated to the states.
Transportation is not only important to the national economy; it is also vital for national defense. This national-defense linkage caused virtually every developed country in the world except the United States to develop publicly owned-and-operated systems of railroads and airlines. Thus, employees of these nationalized transport industries are government employees and fall under their nation’s civil service labor laws. Several of these nations have now privatized their transportation systems, and others are now seeking to do so, adding complexity to the global transportation labor relations equation. Adhering to the philosophy of capitalism and private enterprise, the United States has always had privately owned railroad and airline industries (with the exception of Amtrak). Because of the unique relationship between transportation and the public interest, the U.S. government worked on the principle that it was necessary to pursue different public policy initiatives in the transportation sector than those followed in other sectors of the economy. Whenever government decides to undertake a new public policy directive or alter an existing one, it frequently does so through the legislative process by enacting statutes designed to accomplish its goals. In general, transportation policy can be grouped into two broad categories: developmental (subsidy) policy initiatives and regulatory policy initiatives.
The federal government has long followed a policy of subsidizing transportation activities to achieve certain national goals and objectives. Public subsidization of the private transportation sector has been justified on the grounds that an efficient rail and air transportation system is an “essential public good” and is “critical to national defense.” The essentially private transportation sector has been viewed by the federal government as being in the same class as a pure public good such that when produced, it is available to all citizens without restriction. It is this “public good” philosophy that has also led to federal subsidization of the nation’s system of airports and airways. Transportation is also subsidized because it is essential for economic growth. Significant direct and indirect benefits are associated with efficient private transportation systems that warrant public investment. For example, the U.S. government promoted both railroad transportation and air transportation because of their ability to carry the mail, which is closely linked to commerce. The railroads had reached their maturity by 1925, but the fledgling aviation industry needed assistance from the federal government. The Air Mail Act of 1925, also known as the Kelly Act, helped to regulate prices charged for hauling mail and freight. The U.S. Congress finally demonstrated its intent to regulate this growing aviation industry with the enactment of the Air Commerce Act of 1926, the first comprehensive attempt by the federal government to regulate the aviation industry. The act called for the promotion of air commerce, charged the federal government with the operation and maintenance of an airway system, required the federal government to operate and maintain all air-navigation aids, and called for the regulation of air safety.
[end of excerpt]
Cuprins
CONTENTS
List of Tables
List of Case Studies
Preface
Part One. Foundations of Labor Law and Policy
1. Public Policy and Labor Law
2. The Violent Beginnings of U.S. Labor Law
3. Major Collective Bargaining Legislation
Part Two. Principles, Practices, and Procedures in Collective Bargaining and Dispute Resolution
4. Elections, Certifications, and Procedures
5. Negotiating the Collective Bargaining Agreement
6. Unfair Labor Practices
7. Grievance Procedures
Part Three. The Changing Labor Relations Environment
8. The Airline Industry
9. The Aerospace Industry
10. General Aviation
11. The Public Sector
Appendix A: The Railway Labor Act
Appendix B: The National Labor Relations Act
Notes
Glossary
Index
List of Tables
List of Case Studies
Preface
Part One. Foundations of Labor Law and Policy
1. Public Policy and Labor Law
2. The Violent Beginnings of U.S. Labor Law
3. Major Collective Bargaining Legislation
Part Two. Principles, Practices, and Procedures in Collective Bargaining and Dispute Resolution
4. Elections, Certifications, and Procedures
5. Negotiating the Collective Bargaining Agreement
6. Unfair Labor Practices
7. Grievance Procedures
Part Three. The Changing Labor Relations Environment
8. The Airline Industry
9. The Aerospace Industry
10. General Aviation
11. The Public Sector
Appendix A: The Railway Labor Act
Appendix B: The National Labor Relations Act
Notes
Glossary
Index
Recenzii
"The most profound, single-source work on labor relations in aviation. A must read for all aviation law students and those seeking management jobs in the aviation industry."—Todd Hubbard, Professor of Law and Ethics, Oklahoma State University, coauthor of Survey of Aviation Law
"Kaps, Hamilton and Bliss have successfully filled the decade-long need for a text that thoroughly examines the dynamic evolution of collective bargaining in aviation and aerospace. In Labor Relations in the Aviation and Aerospace Industries, the authors have effectively woven a revealing tapestry of the dynamic past, present, and future of collective bargaining in our industry. Pivotal pieces of litigation, legislation, and related public policy are presented, as well as notable labor and management actions, obligations and opportunities. University and industry audiences alike will appreciate the thought-provoking cases and valuable analysis provided in this text, which explores areas of interest to airlines, airports, aerospace, governmental agencies, and entities engaged in collective action in the industry."—Robin Sobotta, Ph.D., coauthor of The Administration of Public Airports, 5th Ed.
"Kaps, Hamilton and Bliss have successfully filled the decade-long need for a text that thoroughly examines the dynamic evolution of collective bargaining in aviation and aerospace. In Labor Relations in the Aviation and Aerospace Industries, the authors have effectively woven a revealing tapestry of the dynamic past, present, and future of collective bargaining in our industry. Pivotal pieces of litigation, legislation, and related public policy are presented, as well as notable labor and management actions, obligations and opportunities. University and industry audiences alike will appreciate the thought-provoking cases and valuable analysis provided in this text, which explores areas of interest to airlines, airports, aerospace, governmental agencies, and entities engaged in collective action in the industry."—Robin Sobotta, Ph.D., coauthor of The Administration of Public Airports, 5th Ed.
Descriere
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.