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Government Affairs Report: February 2003

Author: Debbie Golombek, UAL MEC Government Affairs Committee Chair

Flight Attendant Security Training

As I reported last month, several U.S. airlines (not including United Airlines) want to change the provisions in the Aviation and Transportation Security Act of 2001 and make Flight Attendant Security Training a voluntary program. These airlines launched their first attempt to weaken security training, by trying to insert language into the FY 2003 Omnibus Appropriations legislation to make Flight Attendant security training optional.

AFA, along with the other Flight Attendant unions in the AFL-CIO Transportation Trades Department, began an intense lobbying campaign to defeat any efforts in the Conference Committee to minimize Flight Attendant security training. AFA received assurances from Conference Committee members Senators Ron Wyden (D-OR) and Patty Murray (D-WA) and Representative David Obey (D-WI) that any provisions to weaken security training and undermine aviation security would be rejected.

We were successful in eliminating this provision in the Conference Committee meeting on February 10, and the FY 2003 Omnibus Appropriations legislation passed without the language that airline lobbyists wanted. We may see further attempts by the airlines to water-down Flight Attendant security training, during debate on the “must pass” Federal Aviation Reauthorization legislation.

UAL Governmental Affairs gave me a heads up about this airline-led effort to weaken Flight Attendant Security Training and wanted AFA to know that United did not support this campaign.

Under the Homeland Security Act of 2002, oversight of Flight Attendant security training transferred from the Department of Transportation (as dictated in the Aviation and Transportation Security Act of 2001) to the newly created Department of Homeland Security, where the Transportation Security Agency (TSA) now resides.

Reform Of The Railway Labor Act
(Binding Arbitration)

As U.S. airlines struggle with an unprecedented financial crisis, several major air carriers are still pursuing their campaign aimed at the heart of airline workers’ collective bargaining rights. This effort to alter the Railway Labor Act (RLA) and impose winner-take-all mandatory arbitration in contract negotiations would undermine the collective bargaining process in the airline industry and seriously weaken the rights of all airline employees.

Leading this campaign is the Air Transport Association, the airline industry’s largest trade group and lobbying organization, along with Delta, FedEx and American Airlines. The airlines claim that labor expenses are their biggest costs and if their employees’ ability to strike is limited by the federal government, it could make it easier for carriers to attain wage cuts and work-rule concessions.

While the RLA is hardly perfect, and needs reform to protect employee interests, the RLA is not broken. The RLA has guided labor-management relations through difficult periods including deregulation, mergers, bankruptcies and several economic downturns. Over the past 40 years, 97 percent of all contract negotiations have been settled without strikes, lock-outs or government intervention. The law was written to encourage voluntary agreements while minimizing transportation disruptions.

It is outrageous that the same companies which are asking their employees for millions of dollars concessions are pouring millions of dollars into a campaign designed to desecrate our rights. If the airlines continue to pursue this anti-worker campaign it will only cause labor-management relations to become more acrimonious.

The AFL-CIO Transportation Trades Department has drafted a Resolution for their upcoming February Board meeting. The Resolution asks that all TTD affiliated unions vigorously oppose all industry efforts to enact a winner-take-all, binding arbitration bill; calls on the airlines to join the airline union leaders for an Airline Labor-Management Summit; and urges Congress and the Administration to do what ever it takes, including reimbursing the airlines for the staggering security costs associated with the war on terrorism, to save the industry, but to deny assistance to any carrier that is effectively using taxpayer money to finance this anti-worker legislative campaign.

Railway Labor Act

The Railway Labor Act (RLA) of 1926 established the right of workers in the railroad industry the right to organize and bargain collectively through representatives of their own choosing. In 1964 the RLA was extended to workers and employers in the air transportation industry. Today about one million rail and air transport workers are covered by the RLA.

Under the RLA, the National Mediation Board (NMB) is charged with resolving disputes between labor and management while minimizing air and rail disruption. Since 1964, the RLA has produced consensus settlements in 97 percent of airline industry contract negotiations, thus avoiding worker strikes, employer lockouts and government intervention.

Under the RLA, both unions and management have a judicially binding obligation to “exert every reasonable effort to make and maintain agreements concerning rates of pay, rules and working conditions.” The Supreme Court has called this obligation “the heart of the RLA.”

Under the RLA, contracts remain in effect until the parties commit to a new agreement. If either the employer or the union proposes changes to an expiring contract, workers cannot strike until all RLA procedures are exhausted. Either the union or the employer can request mediation by the national Mediation Board (NMB), or the NMB may proffer meditation on its own initiative. There is no limit to the duration of direct bargaining or NMB mediation, and neither party is allowed to walk away from negotiations. The NMB only releases the parties if it determines that further mediation would be unsuccessful and either party rejects binding arbitration. If the NMB releases the parties from mediation, a strike cannot occur until after expiration of a 30-day “cooling off” period.

The RLA has guided labor-management relations through difficult periods including deregulation, mergers, bankruptcies and economic downturns.

Airline management’s misguided attempt to promote legislative efforts that would eliminate our democratic right to vote on our own collective bargaining agreements, forcing us to accept the terms dictated by an arbitrator would only give employer’s the upper hand in contract negotiations.

And food for thought – How many airline CEO’s would accept mandatory arbitration during their contract negotiations?

Council 27 LECP Karan Scopa and Government Affairs Chair Barbara Servis attended a labor council sponsored breakfast with Senator John Kerry (D-MA) and received a firm commitment from the Senator to oppose this legislation.

UAL MEC Campaign To Stop ATA From Changing The RLA

We have initiated an e-activist campaign to United CEO Glenn Tilton asking him to publicly oppose the campaign for winner-take-all mandatory arbitration in airline contract negotiations and to call on the ATA to abandon this destructive campaign.

As of February 13, 418 e-mails have been sent to Mr. Tilton through the United MEC web site. Councils 9 and 22 have also set up a links to e-mail Mr. Tilton.

Council 11 activists have stepped up their efforts to educate Flight Attendants on this issue and they are collecting letters to be bulk-mailed to Glenn Tilton.

Federal Aviation Administration Reauthorization

Legislation to set funding for the Federal Aviation Administration (FAA) will be a priority in Congress this year. The last reauthorization Bill, AIR 21, enacted in 2000, is set to expire this year. The FAA Reauthorization Bill, which is considered “must pass” legislation, gives AFA a vehicle to move our issues through Congress. As you may remember, during the 106th Congress we were successful in getting increased penalties for crew member assault, whistle blower protection for aviation workers, an air quality study and an international aircraft no-smoking ban included in AIR 21.

AFA’s Government Affairs Department has had several meetings with the staff of the Senate and House Aviation Subcommittees to discuss AFA supported issues which could be included in this years Bill. Flight Attendant Certification is very likely to be one of those issues. Since the Senate has already began hearings on FAA Reauthorization our window of opportunity to lobby for Flight Attendant Certification and have it included as a provision in the FAA Reauthorization legislation will be extremely limited. Congress wants to deal with FAA reauthorization before tackling the more controversial highway reauthorization legislation.

Air Transport Association

James May the new President and CEO of the Air Transport Association (ATA), replaced Carol Hallett, who retired on February 3, 2003. Mr. May is considered to have considerable sway with members of Congress and will use his influence to advocate ATA’s legislative priorities (priorities which often clash with our own).

James May recently testified before the Senate Energy and Natural Resources Committee that high fuel prices, combined with escalating security and insurance costs are undermining the airline industry’s massive cost-cutting self-help efforts. ATA is recommending that Congress repeal the 4.3 cents per gallon jet fuel deficit-reduction tax and press the Administration to implement releases from the strategic Petroleum Reserve (SPR) to help alleviate the crisis facing the U.S. airline industry.

ATA is also lobbying Congress to finance aviation security costs through general taxpayer funding. ATA would like the government to reimburse airlines for all security costs including all costs for reinforcing cockpit doors and assume the responsibility for terrorism insurance. The ATA also estimates that airlines are losing $100 million annually when Federal Air marshals displace revenue First Class passengers and would like the government to reimburse this loss of revenue.

Government Affairs Regional Trainings

The first regional Government Affairs Training has been scheduled for Tuesday, March 18, 2003, in Los Angeles. The training will take place at the Marriott Manhattan Beach Hotel, 1400 Parkview Avenue, Manhattan Beach, CA, from 10:00AM until 5:30PM. This one-day format will give participants the opportunity to fly in and out the day of the training, thereby minimizing the costs to Councils with-in flying distance.

The training is open to EVERYONE that has any interest in government affairs, politics, our legislative agenda or becoming more active within our union. The training will be designed to provide AFA members with the basic information on why it is important to be involved in the legislative and political process.

Future Government Affairs Regional Trainings are planned for Chicago and Washington, D.C. in April.

Flight Attendants will need their LEC approval to attend the training and must submit a registration form to AFA International Government Affairs by March 3, 2003.

Another Vicious Attack On Unions

In a fund raising letter for the National Right to Work Foundation, House Majority Leader Tom DeLay (R-TX) called the American labor movement “a clear and present danger to the security of the United States at home and the safety of our Armed Forces overseas”. This letter shamelessly accuses “Big Labor Bosses” of “exploiting the ongoing war on terror and the struggle against Iraq to expand their power over America’s work force.”

The January 8th letter, which Representative Tom DeLay claims was not written by him but by a staff member, questions the patriotism of unions and their elected leaders, and praises the national Right To Work Foundation “for launching an aggressive campaign to fight Big Labor.”

The National Right To Work Foundation claims to be a “nonprofit, charitable organization dedicated to providing free legal aid to employees whose civil and human rights have been violated under forced unionism” but their only goal is to weaken and destroy unions by engaging in legislative and legal attacks against unions and their members.

AFL-CIO President John Sweeney told DeLay “Never in my long career have I seen anything as despicable as this slanderous letter.”

And to end this report on good news

The House Transportation and Infrastructure Committee, the largest House Committee has named the new members for this committee including our good friends Representatives Anthony Weiner (D-NY) and Mike Thompson (D-CA). A full committee membership list is included in this report.

Also, our good friend Rep. Peter DeFazio (D-OR) has been named ranking member of the House Transportation and Infrastructure Committee, Aviation Subcommittee.

Flight Attendant Certification (stand alone) legislation should be introduced in the House, by Representative Nita Lowey (D-NY), either late February or early March.

If you have any questions about the Government Affairs Regional Training in Los Angeles or our legislative/political issues, please feel free to contact me at legislative@unitedafa.org

In Solidarity,

Debbie Golombek
UAL MEC Government Affairs Committee Chair