Duty to hire protected employees

§ 42103. Duty to hire protected employees (a) Rehiring Protected Employees.—A protected employee of an air carrier regulated by the Secretary of Transportation who was furloughed or whose employment was ended by the carrier (except for cause) before October 23, 1988, is entitled to be the first employed in the occupational specialty of the employee, regardless of the employee’s age, by any other air carrier holding a certificate under section 41102 of this title before October 24, 1978. However, the air carrier may recall its furloughed employees before hiring a protected employee of another air carrier regulated by the Secretary who was furloughed or whose employment was ended by the other carrier (except for cause) before October 23, 1988. An employee hired by an air carrier under this section retains seniority and recall rights with the air carrier that furloughed or ended the employment of the employee. (b) Duties of Secretary of Labor.—The Secretary of Labor— (1) shall establish and publish periodically a list of jobs available with an air carrier holding a certificate under section 41102 of this title that includes necessary information and detail; (2) shall assist eligible protected employees to find other employment; (3) shall encourage negotiations between air carriers and representatives of employees on rehiring practices and seniority; and (4) may require an air carrier to file with the Secretary information necessary to carry out this section.