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Non unionized pilots entitled to overtime?

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Old 02-18-2014, 01:41 PM
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Default Non unionized pilots entitled to overtime?

I found this interesting link.
Dallas Fort Worth Legal Help 800-758-4882

Inside it says the following:

“Most pilots are exempt from the FLSA overtime requirements under section 13(b)(3) of the Act, which exempts “any employee of a carrier by air subject to the provisions of title II of the Railway Labor Act.” Thus, pilots who are employed by commercial airlines are exempt from overtime under section 13(b)(3).”

Bottom line, the DOL currently considers commercial airline pilots, as exempt employees not entitled to overtime. However, it is the DOL’s position that other pilots, such as corporate jet pilots, are non-exempt under 13(a)(1) and are entitled to overtime pay.
So my question is this. If regional Airline pilots were non-unionized, would they in fact be entitled to overtime? And would said overtime kick in via duty hour and not flight hour.

Are there any airlines out there that currently have non-unionized pilots?

Further "official" reading on this topic can be found here.

Classification Focus: Pilots - The Human Resources Social Network

http://www.corporateaviators.com/201...%20%282%29.pdf
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Old 02-18-2014, 08:44 PM
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North Slope search-and-rescue pilots seeking overtime pay in lawsuit | Alaska Dispatch

It has nothing to do with unions, except that they may be able to fund a fight against a labor classification.
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Old 02-18-2014, 08:57 PM
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Regional pilots are subject to the RLA.
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Old 02-19-2014, 04:17 AM
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Doesn't matter if the pilots are unionized or not, the RLA covers the pilots of any air carrier.

Title II of the RLA:

All of the provisions of subchapter I of this chapter except section 153 of this title are extended to and shall cover every common carrier by air engaged in interstate or foreign commerce, and every carrier by air transporting mail for or under contract with the United States Government, and every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his service.
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