Lax Labor Peace Agreement

Posted on Posted in Egyéb

In its decision, the Ninth Arrondissement agreed that the city could legitimately require airlines to enter into a working peace agreement with LAX. These airlines refuel and load planes, carry luggage and tickets, assist passengers with disabilities and complete other missions for airlines. The city`s “peace at work” rule is designed to avoid work stoppages at LAX. The Ninth Arrondissement acknowledged that the operation of public airports was “inherently competitive” and found that the city was acting as the owner of the airport and a market player, not as a regulator, in the application of its obligation of peace at work. The decision confirms the ability of the airport owner to succumb to licensing conditions guaranteeing smooth and efficient airport operations, which attracts passengers and air services. The Ninth Court of Appeals recently upheld the City of Los Angeles` policy, which required employers doing business at LAX to enter into peace agreements on labor as a condition of activity at the airport. The Court held that the city that operates LAX International Airport is a player in the transportation industry market and has a proprietary interest in the operation of the airport. As a result, the city`s bylaw, which requires businesses at the airport to enter into “labour peace agreements” with any workers` organization that claims one, is not excluded by federal labor laws. (See Airline Service Providers Association v. Los Angeles Word Airports, 17 C.D.O.S. 8325 (9th Cir, August 28, 2017).) The required labour peace agreement contains provisions prohibiting trampling, boycotting, stopping work or “any other economic interference.” The court found that the city operated the airport as a private enterprise and that the labour peace agreement policy was aimed at avoiding disrupting its activities. Since the preventive provisions of the National Labor Relations Act and other federal labour laws do not apply to the city`s activities as market participants, the requirement for the Labour Peace Agreement was established as legal. Scott Lewis, Dave Mackey and Jessica Wall, as co-advisors to the City of Los Angeles, helped the city successfully defend LAX`s licensing conditions, which require airlines to enter into union “peace at work” agreements at the airport.

On August 23, 2017, the U.S. Court of Appeals for the Ninth Circuit upheld a decision by the U.S. District Court for the Central District of California that rejected allegations by airlines and service providers that the city rule was contrary to state aviation and labor law. A copy of the Court`s opinion is available here: cdn.ca9.uscourts.gov/datastore/opinions/2017/08/23/15-55571.pdf. The Court rejected the employers` argument that the City`s policy was a work regime for employers who conduct transactions at LAX, a regulation that conflicts with the exclusive jurisdiction of the NLRB in this area. The employers referred to an earlier case concerning a Los Angeles decision on the operation of taxicabs in the city, a case in which the court found that the city had illegally adopted the rule as a regulator and not as the owner. But the court found here that the city, as the owner and operator of LAX, had a legitimate interest in minimizing labour disputes at the airport.