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statues under which alpa operates In virtually everything it does, ALPA is affected in some way by two federal statues-the Civil Aeronautics Act of 1938 and the Railway Labor Act. Both are closely interwoven with the pilot, his job, his security. As civil aviation has expanded, the importance of both in the aviation scheme has increased proportionately. Civil Aeronautics Act... The Civil Aeronautics Act defines the conditions of air carrier certification. One of those conditions is that they will comply with the provisions of the Railway Labor Act in their employee relations. Generally, the Civil Aeronautics Act, unlike its predecessor Air Commerce Act of 1926, which was general and merely basic in scope, governs civil aviation in accordance with the following Declaration of Policy: "In the exercise and performance of its powers and duties under this Act, the Authority shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity: > The encouragement and development of an air-transportation system properly adapted to the present and future needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense. > The regulation of air transportation in such manner as to recognize and preserve the inherent advantages of, assure the highest degree of safety in, and foster sound economic conditions in, such transportation, and to improve the relations between, and coordinate transportation by, air carriers. > The promotion of adequate, economical and efficient service by air carriers at reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices. > Competition to the extent necessary to sound development of an air-transportation system properly adapted to the needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense. > The regulation of air commerce in such manner as to best promote its development and safety. > The encouragement and development of civil aeronautics. To enable the Civil Aeronautics Act of 1938 to function, agencies charged with its administration were obviously necessary. The Civil Aeronautics Act originally created such agencies-the Civil Aeronautics Authority, an independent agency composed of five members; the Administrator; and an Air Safety Board, composed of three members. Through various Reorganization Plans (Specifically III and IV) the present structure was evolved. Under the Civil Aeronautics Act of 1938, the Authority was an independent agency of government. By Reorganization Plan No. IV, the Civil Aeronautics Authority was placed within the framework of the Commerce Department. This is the essence of the transformation which took place: the five-man Civil Aeronautics Authority was replaced by the Civil Aeronautics Authority was replaced by the Civil Aeronautics Board, which also assumed the functions of the abolished Air Safety Board. The Administrator, previously within the independent "Authority," was redesignated the Administrator of Civil Aeronautics. Together the Administrator and the CAB comprise the Civil Aeronautics Authority within the Department of Commerce. This is familiar CAB-CAA structural setup presently in existence. The Civil Aeronautics Board is a quasi-judicial body engaged from a general standpoint in economic regulation of air carriers, all civil aviation rule-making, adjudication and investigation. It is composed of five members, all appointed by the President, who also designates its chairman. The Civil Aeronautics Administration is the "policing" agency charged with enforcing the rules. It also operates the U.S. Airway System and performs many other such functions for Civil Aviation, The Civil Aeronautics Administrator is appointed by the President and works under the supervision of the CAB and the Secretary of Commerce. The Board and the Administrator have separate duties and powers. A comparison of the functions of the Administrator and CAB illustrates the distinction between the two. Functions of CAA... The Administrator Is to Exercise the Functions of: > Recommending and supporting new safety standards, rules, and regulations where it appears necessary or desirable to change existing standards, rules, or regulations. > Interpreting safety standards, rules, and regulations in connection with their enforcement. > Making necessary inspections and flight tests in conducting examinations for the issuance of various certificates, as well as actually issuing such certificates. The Administrator also presents the Government's case where a certificate is denied. > Recommending punitive and corrective actions to the Board in connection with enforcement of safety provisions. -38-
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