As the government considers changing a 60-year-old law to exclude airline pilots from the definition of ‘workmen’, making it illegal for them to form trade unions and go on strike, here’s how other countries handle strikes by pilots.
US: The Federal Law makes it very difficult for railway and airline employees to strike. Under the Railway Labor Act, airline employees must participate in a lengthy mediation process expressly designed to force a resolution before they can strike. If mediation fails, the President may order a 60-day cooling-off period — during which airline workers must return to work — if he feels a strike would substantially disrupt the national transportation system. If this fails, Congress may force both sides to accept a settlement, or may extend the cooling-off period indefinitely. This is what happened to American Airlines pilots when President Bill Clinton ordered the cooling-off period four minutes after American Airlines pilots went on strike in 1997. The pilots were forced to accept a settlement.
FRANCE: Has a minimum service law in place for public transport which requires those proposing to strike give 48 hours’ notice to the transport operator, and stipulates that after eight days’ strike employers have the right to ask that a ballot of workers takes place. However, no definition of ‘minimum service’ is given in the law, and there is no obligation on workers to abide by the ballot results. These provisions apply only to the French railways, bus and metro systems and not to the operation of air and sea ports.
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