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外文期刊>Journal of Air Law and Commerce
>WHOSE RIGHTS ARE THEY ANYWAY? SOLVING THE PROBLEM OF EXTRATERRITORIAL ASSERTIONS OF AUTHORITY IN THE AVIATION INDUSTRY
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WHOSE RIGHTS ARE THEY ANYWAY? SOLVING THE PROBLEM OF EXTRATERRITORIAL ASSERTIONS OF AUTHORITY IN THE AVIATION INDUSTRY
The lack of a clear and consistent federal standard across the country harms both airline carriers and aviation employees- carriers who grapple with a myriad of regulations and airline employees who are unsure of their rights and how to exercise them. As states with expansive labor laws continue to assert extraterritorial authority to enforce their laws on airline workers who may only temporarily pass through their borders, the confusing thicket of conflicting state and federal laws only worsens. There is a clear need for an updated federal framework that takes into account the airline industry and the needs of workers in the present day; while the Railway Labor Act of 1926 (RLA) may have served its purpose in stabilizing the nascent airline industry in the 1930s, the aviation industry has outgrown its usefulness. To replace the RLA and standardize the labor rights of workers in the aviation industry, this Comment proposes amending Title 49 of the U.S. Code (Title 49) to include a chapter on labor. Because of the direct impact of the labor rights of airline workers on the safety of the aviation industry, legislation dealing with these rights falls squarely within the purview of the Federal Aviation Administration (FAA). Through the proposed amendment, the aviation industry will be made safer, workers will receive greater protections, and the squandering of judicial economy through needless litigation over the thicket of conflicting local, state, and federal law will cease.
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