Originally Posted by
Check Essential
The DOT would say, "The Congress defined "air carrier" in the US Code, why don't you use that definition?"
(to which I would say ---> what a great idea! )
It is a great idea.
That's why the PWA defines it that way:
Section 1 Scope B. Definitions 2. “Domestic air carrier” means an air carrier as defined in 49 U.S.C. Section 40102(a)(2).
This is what the CFRs say:
49 U.S.C. Section 40102(a)(2)
`air carrier'' means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
The CFR definition of
domestic air carrier is well beyond the narrow definition of
certificate holder.
If our contract language meant
certificate holder, it would say
certificate holder.
The definitions section of Section 1 of the PWA would then define the term
certificate holder.
It's not in there because our PWA doesn't use the term certificate holder in Section 1.
And while the NMB
ruled STS
for representation purposes.
What really matters is the NMB
findings that RAH is acting as one domestic air carrier*:
...The subsidiaries are held out as one carrier on RAH’s website...
All subsidiaries are wholly owned by RAH, but each holds its own FAA operating certificate.
Cheers
George
*definition per CFR 49... in this context Delta is also a "domestic air carrier" because it is a US airline.