Preemption of Worker-Retention and Labor-Peace Agreements at Airports (2017)

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CONTENTS I. Introduction and Overview, 3 A. Introduction to Topic, 3 B. Structure of Analysis —A Brief Synopsis, 3 II. Federal Labor Protection Laws, Preemption, and the Proprietary Rights Exception, 3 A. The NLRA and RLA—A Brief Summary and Introduction, 4 B. The General Rule—Labor Relations Matters Are Preempted by Federal Statutes, Rules, and Regulations, 11 C. Proprietary Rights Exception, 11 III. Labor-Harmony Agreements and Worker-Retention Programs, 14 A. Definition of “Labor Peace” or “Labor Harmony,” 14 B. Other Employee-Centered “Benefits” that May Be Topics of Negotiation, 16 IV. Applicability to Airports, 18 A. Relevance of Labor Laws and Preemption in the Airport Context— A Survey of Matters that Impact Airports, Challenges to Organizing Airport-Based Employees, and Related Political and Practical Factors, 18 B. Attempts to Overcome the Obstacles—Union Initiatives to Utilize “Proprietor Rights,” 20 C. Context in Which Labor-Peace and Worker-Retention Programs Arise and Implications for Airport Sponsors, 22 V. The Airport Sponsor—Sources of Risk and Potential Claims Against the Sponsor, 24 A. Suits from On-Airport Businesses (Concessionaires and Airlines), 24 B. Suits from On-Airport Employees, 24 C. Industry Groups, 25 D. Legal Means and Theories, 25 E. Potentially Mitigating Factors, 29 VI. Conclusion, 29 Appendix A: Matrix of Allowable Scope of Airport Involvement in Setting Terms of Labor–Harmony Agreements, A-1 Appendix B: Flowchart of Labor Harmony Implementation, B-1 Appendix C: Summary Chart of Potential Causes of Action Against Airport Sponsors in Labor Preemption Arena, C-1