Government Affairs Report: May 2002
Author: Debbie Golombek, UAL MEC Government Affairs Committee Chair
Before I begin this month’s report, I would like to thank the members of the United MEC for your continued support of our Legislative Affairs/FlightPAC Committee Members and the work they do on behalf of the United AFA membership. The members of this committee who participated in the 2002 Government Affairs Seminar last month, once again, proved to be true professionals. Their dedication and enthusiasm for advancing AFA’s legislative agenda are due, in no small part, to the encouragement and support they receive from their Local Council Presidents and Officers. It is a pleasure to work with such a hard working and committed group of flight attendants and I was extremely proud of their participation at our annual conference last month.
SECURING OUR WORKPLACE AND FUTURE
From the early reports I have received from the attendees, the 2002 Government Affairs Seminar, April 22-25, was a success. The theme of this years conference “Securing Our Workplace And Future” was very appropriate, given the changing scope of the flight attendant profession and aviation security. Eighteen participants from United were joined by eighteen participants from other AFA carriers including, US Airways, AC Jet, Atlantic Coast Airlines, American West, American Trans Air, Mesaba, and Miami Air. We had scheduled appointments with 31 Senate offices and dropped-by 13 other Senate offices, as well as, speaking to Senators in the elevators and hallways. We had scheduled appointments with 38 Congressional offices and dropped-by an additional 50 offices, as well as additional lobbying on our flights home.
During the seminar we heard from a variety of speakers from Capitol Hill including Rep. Peter DeFazio (D-OR), Rep John Mica (R-FL), and Sam Whitehorn of the Senate Commerce Committee. Rep. DeFazio gave his perspective as a Democratic member of the House Aviation Subcommittee. He spoke about the work that still needs to be done to secure the nations aviation system and spoke about his support for flight attendant safety, security and health including OSHA protections for flight attendants.
Rep. Mica, the House Aviation Subcommittee Chair, focused on the instability of the airline industry and that management and labor must agree on aviation workers wages in order to stabilize the airline industry. Rep. Mica appears to believe that wage concessions from airline workers are necessary in this uncertain economy and cited Eastern Airlines and Pan Am as airlines that ceased to operate in difficult economic times. These comments were not warmly welcomed by our group (perhaps Rep. Mica forgot who is audience was!).
Although he said flight attendants should have access to Tasers, he was hesitant about addressing the need for improved training and self-defense techniques, stopping short of saying that improved training would be too costly for the carriers.
LOBBY ISSUES
This year was more intense than in the past, as we had five issues that we discussed during our lobby visits: 1) FAA rescinding exclusive jurisdiction over flight attendants; 2) flight attendant certification; 3) cabin air quality; 4) resolution honoring flight attendants; and 5) aviation security.
Safety and Health Protections For Flight Attendants
Representatives Peter DeFazio (D-OR) and Sherwood Boehlert (R-NY) and Senator Richard Durbin (D-IL) have written a letter to FAA Administrator Jane Garvey urging her to immediately rescind FAA’s exclusive jurisdiction over flight attendants. In order to formally implement the process of coordination, initiated by a Memorandum of Understanding between the FAA and OSHA, the FAA must rescind the 1975 Federal Register policy statement and relinquish FAA’s exclusive jurisdiction over the safety and health of flight attendants. It is time for the FAA to disclaim a policy that prevents the application of OSHA regulations and work with OSHA to provide flight attendants with needed safety and health protections.
Background
When the U.S. Congress enacted the Occupational Health and Safety Act of 1970, there was a provision in the act which allowed for another federal agency to take jurisdiction over a group of workers. In 1975 the Federal Aviation Administration claimed exclusive jurisdiction over the occupational health and safety of aviation crew members. There has been 27 years of neglect in providing flight attendants with crucial safety and health protections.
As a result of AFA’s multi faceted 2000 OSHA NOW! campaign, which included Congressional support and lobby activities, we made some progress in trying to provide flight attendants with OSHA protections. In June, 2000, 68 Representatives and 13 Senators signed Congressional letters to then Secretary of Labor Alexis Herman and Secretary of Transportation Rodney Slater urging them to provide flight attendants with occupational safety and health protections.
On August 7, 2000, the FAA and OSHA signed a memorandum of understanding (MOU) in which the two agencies agreed to establish a procedure for coordinating and supporting enforcement of the OSHAct with respect to the working conditions for employees on aircraft in operation, and for resolving jurisdictional questions. The MOU clearly stated that “before proposing a standard that would apply to the working conditions of employees (other than flight deck crew) OSHA would consult with the FAA to determine whether application of the requirement would compromise aviation safety.
Despite the MOU, flight attendants are still left without any meaningful safety and health protections. Little progress has been made between the two agencies to finalize formal procedures .
ACTION ALERT
Representatives DeFazio and Boehlert and Senator Durbin will be circulating a “Dear Colleague” letter asking Congress members to sign onto their letter to FAA Administrator Garvey urging her to immediately rescind FAA’s total jurisdiction over flight attendants.. To support their efforts AFA members should be instructed to contact their two Senators and on Congress member and urge them to sign onto these letters to Jane Garvey.
It is now our goal to gain as many signatures before the first week in June 2002. Ms Garvey, who was a Clinton Administration appointee, will be leaving office at the end of July and we believe this may be our best chance at implementing a process of coordination between the FAA and OSHA during the Bush Administration.
This is a top priority for AFA. Action on this issue is crucial and timing is of the utmost importance.
Currently, the following Representatives have signed on to the DeFazio/Boehlert letter:
Meek (D-NY)
Meeks (D-FL)
Lantos (D-CA)
Lynch (D-MA)
Holt (D-NJ)
FLIGHT ATTENDANT CERTIFICATION
We began to educate Members of Congress and their staff on the importance of flight attendant certification. This was an important first step in our legislative goal towards certification as most Congressional offices did not realize that flight attendants had no “license” or “certification”.
Background
The FAA and Federal Aviation Regulations already require flight attendants to pass FAA-approved safety and security training programs and require flight attendants to be onboard all passenger aircraft with 20 or more seats. The FAA requires flight attendants to be trained in accordance with FARs that include passing FAA-approved training courses through a series of competency checks and tests, as well as passing mandatory re-current training every twelve months.
Currently, the FAA certifies all other aviation workers who have demonstrated a stipulated level of knowledge and skills. Flight attendants deserve similar certification of their professional abilities. Flight attendant certification would be similar to certifying mechanics where no additional medical qualifications are required.
Flight attendants play a key role in the security of passengers onboard commercial aircraft and are now the last line of defense to defend the cockpit, themselves and their passengers from lethal attacks by suicidal terrorists in the aircraft cabin. The FAA should ultimately attest to and ensure the qualifications of flight attendants through an official certification process, thereby restoring consumer confidence in air travel and improving the overall safety and security of our air transportation system.
Lobby Strategy
Our lobbying goal was to let Congressional offices know that AFA is working with Senator Barbara Boxer (D-CA) and Representative Nita Lowey (D-NY) on new legislation that will call for flight attendant certification. Once the legislation is introduced we will contact the offices we visited by phone, e-mail or fax and urge Members of Congress to cosponsor the legislation. The more cosponsors we have the greater chance of passing this legislation in this Congress. We will also begin a grassroots campaign.
AIR QUALITY
Last year, The Aircraft Clean Air Act of 2001 was introduced in the Senate, S. 1019, by Sen. Dianne Feinstein (D-CA) and in the House, H.R. 2158, by Rep. Jerrold Nadler (D-NY). This legislation would require the Federal Aviation Administration (FAA) to accept written requests for maintenance records, information on filtration media and disclosure information on products used in the maintenance, operation, or treatment of aircraft. The FAA would receive each request, log it, and forward it to the airline in question. The carrier would then have to respond to each request within a particular time period
This information would allow affected crew members and passengers to access aircraft information that may be necessary to characterize an illness and potential medical treatment and in some cases to support a workers compensation claim. In addition, this legislation mandates a study on cabin pressurization to determine what cabin altitude limit provides enough oxygen to the aircraft cabin.
Background
For years, AFA has fought the airlines and in the halls of Congress to improve the air quality on aircraft. Dating back to 1986, the National Academy of Sciences (NAS) released a report on The Airliner Cabin Environment that made several recommendations on improving air quality on aircraft. Air quality issues re-surfaced in 1994 after an industry study was released and the ABC TV News magazine 20/20 commissioned an air quality survey. Then in May 1994, the House Aviation Subcommittee held a day long hearing on cabin air quality largely in response to concerns raised by AFA. Since then air quality legislation has been introduced in the 104th, 105th, 106th and 107th Congresses.
During the 106th Congress AFA was successful in attaching language to the FAA Reauthorization Bill which required a study of air quality in the passenger cabins of commercial aircraft, by the National Academy of Sciences (NAS). In December 2001, the NAS released their study which reported that cabin pressure and ozone were a high concern for health considerations and that airborne allergens, carbon monoxide, hydraulic fluids or engine oils, infectious agents and pesticides were of moderate concern The study went on to recommend, among other actions, that the FAA should monitor ozone and carbon dioxide levels onboard aircraft and study cabin pressurization and that Congress should designate a lead federal agency and provide sufficient funding to conduct or direct an air quality research program.
AFA is now working with Senator Feinstein and Representative Nadler to introduce a new comprehensive air quality bill which will incorporate the NAS recommendations and legislative language to protect flight attendants and passengers from harmful pesticides.
Lobby Strategy
We are asking Congress members to cosponsor The Aircraft Clean Air Act of 2001. During our lobby visits we educated Congressional offices about this legislation and our air quality concerns and asked for their support of S.1019/H.R. 2158. We also informed these offices about the pending new air quality legislation.
Currently, cosponsors on Senate Bill 1019 are Senators Corzine (D-NJ), Durbin (D-IL) and Reid (D-NV).
In the House cosponsors on H.R. 2158 are Representatives Berkley (D-NV), Capuano (D-MA), Carson (D-IN), Coyne (D-PA), Davis (D-CA), DeFazio (D-OR), Filner (D-CA), Frank (D-MA), Holt (D-NJ), Lee (D-CA), McDermott (D-WA), McKinney (D-GA), Meek, Carrie (D-FL), Miller, George (D-CA), Rahall (D-WV), Rivers (D-MI) and Weiner (D-NY).
ACTION ALERT
Flight attendants should be encouraged to contact their Senators and Representative about this legislation and urge their Members of Congress to cosponsor “The Aircraft Clean Act of 2001.”
CONGRESSIONAL RESOLUTION HONORING FLIGHT ATTENDANTS
Senator Diane Feinstein (D-CA) will be introducing a Concurrent Resolution in the Senate, expressing the sense of Congress in honoring the daily heroism and courage displayed by airline flight attendants. Clearly, the Senate offices we lobbied saw this resolution as an opportunity to “do something” for flight attendants, as 42 Senators became cosponsors immediately. Sen. Feinstein wants to have 50 cosponsors before she introduces the resolution in the Senate.
In the House, Representatives Don Young (R-AK), John Mica (R-FL), Jim Oberstar (D-MN) and William Lipinski (D-IL) plan to introduce the resolution.
A Concurrent Resolution (H. Con. Res. or S. Con. Res.) must be approved by both the House and Senate before it can become effective. A concurrent resolution does not require the President’s signature and does not have the force of the law. It expresses the opinion of Congress and is used to take joint action.
This Resolution is a wonderful tribute to Flight Attendants, honoring our courage and dedication and expresses Congressional gratitude for our daily service to make air travel safe.
The following is a list of the U.S. Senators who have signed on to the Resolution:
Sen. Kay Bailey Hutchison (TX)Sen. Harry Reid (NV)
Sen. Frank Murkowski (AK)
Sen. Richard Durbin (IL)
Sen. Robert Toricelli (NJ)
Sen. John Warner (VA)
Sen. Paul Sarbanes (MD)
Sen. Jack Reed (RI)
Sen. Maria Cantwell (WA)
Sen. Evan Bayh (IN)
Sen. Jeff Bingaman (NM)
Sen. Daniel Akaka (HI)
Sen. George Allen (VA)
Sen. Chris Bond (MO)
Sen. Barbara Boxer (CA)
Sen. Susan Collins (ME)
Sen. Tom Daschle (SD)
Sen. Jon Corzine (NY)
Sen. Fritz Hollings (SC)
Sen. John Kerry (MA)
Sen. Mary Landrieu (LA)
Sen. Thad Cochran (MS)
Sen. Jim Bunning (KY)
Sen. Bob Graham (FL)
Sen. Russ Feingold (WI)
Sen. John Ensign (NV)
Sen. Patty Murray (WA)
Sen. Larry Craig (ID)
Sen. Mark Dayton (MN)
Sen. Orrin Hatch (UT)
Sen. Paul Wellstone (MN)
Sen. Ron Wyden (OR)
Sen. Mike DeWine (OH)
Sen. Arlen Specter (PA)
Sen. Jay Rockefeller (WV)
Sen. Ted Stevens (AK)
Sen. Rick Santorum (PA)
Sen. Chris Dodd (CT)
Sen. Hillary Clinton (NY)
Sen. Bill Nelson (FL)
ACTION ALERT
Please review the list of Senators currently listed as cosponsors of the Resolution. If your Senators are not listed as cosponsors, please take the time to contact their offices and ask that they join Senator Feinstein and their Senate colleagues on the Resolution.
Flight attendants can reach their Senate offices through the Capitol switchboard at 202-224-3121. Non-U.S. citizens should be encouraged to call the offices of Senator Trent Lott (R-MS), Senate Minority leader and Senator John McCain (R-AZ), Ranking Member, Senate Commerce, Science and Transportation Committee.
AVIATION SECURITY ISSUES
Despite the significant changes in aviation security called for in the Aviation Security Act of 2001, it is clear that many problems still exist in airport and aviation security. These include the overall screening process for aviation personnel, passengers and cargo and baggage, the lack of screening in some areas of the airport perimeter, and problems with flight attendant training security training and the lack of self-defense training.
While the government and the airlines have provided several steps to protect the cockpit in a hijacking attempt, flight attendants still have not been provided with the tools or the training necessary to protect themselves or their passengers.
Nearly seven months after the terrorist hijackings, airport caterers, ramp workers and mechanics still have access to aircraft and runways without passing through metal detectors or undergoing regular searches. The access continues despite provisions in the Aviation Security Act that require tighter measures.
The Transportation Security Administration (TSA) wants the templates on the baggage screening equipment at airport security, removed because they feel that the templates “slow down” the security screening process. These templates prohibit oversized, overstuffed carry-on baggage from being brought on board the airplanes. Oversized carry-on baggage has always been a problem and we feel that these templates should remain in place.
Since the seminar, legislation has been introduced in the House authorizing the arming of pilots in the cockpit. Although the Transportation Security Administration (TSA) has been reluctant to authorize the arming of pilots, however, House Transportation Committee Chair Don Young (R-AK) and House Transportation, Aviation Subcommittee Chair, John Mica (R-FL), who introduced the legislation, favor the concept.
SEMINAR FOLLOW-UP
Follow-up is critical to the success of our lobbying. Thank you letters have been sent to all of the offices we visited and a personal note/e-mail of thanks has been sent to the legislative staff we met with. Mail delivery to the Capitol is still slow and many of the offices we visited encouraged us to use e-mail or Faxes as our primary means of “mail delivery”.
The next step for the seminar participants will be follow-up phone calls urging Congressional offices to support our issues. Our first priority should be the OSHA issue. A “Dear Colleague” letter from the offices of DeFazio/Boehlert and Durbin has been circulated to all House and Senate offices asking for signatures on their letters to FAA Administrator Jane Garvey. I will be working with AFA Government Affairs Department to update our action alert center on the web site with information about this issue. Once this is complete, I will send out an Action Alert e-mail posting.
Local Councils are encouraged to cut and paste any part of this report for use in communicating with your local membership.
Although this report is rather lengthy, I tried to include sufficient background information on these issues to bring the new members of the MEC up to date. As always, if you have any questions/comments/concerns, please feel free to contact me at 516-656-5838 or legislative@unitedafa.org.
