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Government Affairs Report: May 2003

Author: Debbie Golombek, UAL MEC Government Affairs Committee Chair

This year our annual AFA Government Affairs Seminar and Conference was replaced with Lobby Days on April 29 and 30. AFA leadership and AFA members from Alaska, Allegheny, American Eagle, America West, ATA, Horizon, United and US Airways lobbied Senate and House members on Flight Attendant Certification and the continued lack of OSHA protections for Flight Attendants. We also explained our opposition to “baseball-style” arbitration.

The Lobby Days were scheduled in April in anticipation of the introduction of Flight Attendant Certification legislation and the introduction of legislation to reauthorize the programs of the Federal Aviation Administration. The June Government Affairs training, scheduled on our MEC calendar, will be cancelled, but if you have Local Council members interested in Government Affairs training please let me know so we can schedule a one-day regional training.

Attending the April 29 and 30 Lobby Days from United: Barbara Sakin, C-5, Kevin Creighan , C-7, Paula Carlson, C-8, Ann Margaret DeForest Stalls, C-9, Nadine Ostroski, Cicina Norton C-11 Jennifer Colosimo, C-12, Kathryn Gill, C-20, Steve Cohen, C-21, Heather Lauter Clay, C-26, Barbara Servis, C-27 Marc Zehr, Marc Nisam, C-38 and Debbie Golombek, MEC Chair.

On April 30, we attended a press conference with Congresswoman Nita Lowey (D-NY) and Congresswoman Sue Kelly (R-NY) where they announced the introduction of the bi-partisan Flight Attendant Certification Act. Also speaking at the press conference were original cosponsors Congresswoman Juanita Millender-McDonald (D-CA) and Congressman Leonard Boswell (D-IA) members of the House Aviation Subcommittee and AFA International President Pat Friend.

The 42 participants covered a lot of territory on Capitol Hill but it is impossible to visit even one third of Congress in two days, discussing three issues. The lobby day participants are responsible for following up with the offices they visited and for writing official and personal thank you letters to these offices.

FLIGHT ATTENDANT CERTIFICATION

Flight Attendant Certification has been a long-time priority for AFA and it is quickly moving through the legislative process. Unfortunately, airline industry opposition to this issue has grown as it gains attention on Capitol Hill. Flight Attendant Certification addresses a long-standing disparity in the aviation industry. Unlike pilots, mechanics and other aviation safety professionals, Flight Attendants are not certified even though we are responsible for the safety and security of millions of passengers each day. Many Congressional offices understand that we have been taken for granted too long, while our employers “don’t get it”.

Flight Attendants, the only majority female workforce in the industry, with such a high degree of training, and safety and security responsibilities, should be certified. Flight Attendant certification would not require any new training programs or classes and hopefully, it will create consistent safety training standards throughout the industry. When we began lobbying for Flight Attendant Certification our only formal opposition was from the Federal Aviation Administration (FAA). The Air Transport Association (ATA) has voiced their opposition to the legislation, as well as several carriers, including United. United’s opposition is based on ‘costs, now and in the future and they do not “understand why Flight attendants want to be certified”. Correspondence between Greg and Charles Ahmes has been forwarded to the MEC and Valerie Walker and I have both corresponded with our United counterparts on this issue.

An unnamed pilot union official was quoted in a Washington Post article on Flight questioning our need for certification. This was not ALPA. ALPA supports our efforts to achieve Flight Attendant Certi8fication.

Legislative Progress

In the House, The Flight Attendant Certification Act, H.R. 1889, which was introduced on April 30, 2003, has been gaining cosponsors, thanks to our Lobby Days, follow-up and the attention this issue is getting through our MEC and Local Council communication channels. Our follow-up on H.R. 1889 has been extremely important because it has been hard to get Congressional offices to focus on an issue other than the budget and tax cuts. Our goal was to gain a substantial number of cosponsors before the bill was marked up in Committee.

On Wednesday, May 14, the House Aviation Subcommittee marked up their version of FAA Reauthorization with Flight Attendant Certification language included in the bill by a vote of both the Majority and Minority. FAA Reauthorization will now go to the Full House Transportation Committee for approval before being voted on by the full House. While the language that was included in the House FAA Reauthorization is not identical to the Lowey/Kelly bill, it was okay with the Republican House Transportation Committee leadership, the FAA and the ATA.

Please continue to encourage your Representatives to cosponsor H.R. 1889.

On May 1, the Senate Commerce Committee narrowly voted to support Flight Attendant Certification as part of the Senate FAA Reauthorization bill. This bill is expected to go to the full Senate floor for a vote sometime in June. Although Senate Commerce Committee Chair, Senator John McCain (R-AZ) voted with us, some of his Republican colleagues have vowed to strip Flight Attendant Certification from the bill. It is imperative that our Senators continue to hear from us, about the importance of this issue.

Once the Senate and the House pass their versions of FAA Reauthorization, this legislation will go to a Conference Committee, to work out the differences.

On behalf of the United Master Executive Council, I sent thank you letters to the cosponsors of the Flight Attendant Certification Act. Although time consuming, thank you letters go a long way in helping to build relationships with Congress members and their staff.

FAA Reauthorization

The FAA Reauthorization bill, also known as the Aviation Investment and Revitalization Vision Act, (AIRV), (who comes up with these names!?), in the Senate, included an amendment to increase slots at Washington National from 12 to 24. United Airlines “vigorously” opposes this amendment which was introduced by Senator John Ensign (R-NV). The amendment generated objections from Senators Jay Rockefeller (D-WV) and George Allen (R-VA). Senator Allen and United are concerned that adding slots at National would affect Washington Dulles passenger traffic.

When I spoke to Steve Morrissey, UAL Governmental Affairs, I said that United should object to this issue based on national security concerns – larger aircraft flying over the Capitol.

This issue has held up the Senate vote on AIRV and has become highly controversial. Hopefully a compromise will be reached, so FAA Reauthorization can be scheduled for a full Senate floor vote soon.

FLIGHT ATTENDANT SAFETY AND HEALTH PROTECTIONS

On August 7, 2000, FAA Administrator Jane Garvey and OSHA Assistant Secretary Charles Jeffress signed a Memorandum of Understanding (MOU) directing that the FAA and OSHA will establish a procedure for coordinating and supporting enforcement of the OSHAct with respect to working conditions of employees and aircraft operations and for resolving jurisdictional issues. In December 2000, the FAA/OSHA Aviation Safety and Health Joint Team (The Team) produced a first report that outlined legal, enforcement and compliance issues regarding the feasibility of OSHA regulations for Flight Attendants. The Team proposed a number of issues for further consideration that were to be studied in the ensuing months, leading to a final recommendation on how to move forward with the basic objectives of the MOU.

Unfortunately, the 2000 elections and the long ensuing delay in nominating new OSHA Assistant Secretary John Henshaw slowed what we had viewed as ‘progress”. Two and a half years later, march 2003, the Federal Aviation Administration announced the creation of a voluntary Aviation Safety and Health Partnership Program (ASHP). This voluntary program totally lacks comprehensive, legally enforceable workplace standards. AFA along with the other Flight Attendant unions under TTD, have categorically rejected this approach because it fails to strongly address occupational hazards such as blood borne pathogens, repetitive motion injuries, equipment injuries, cabin air contamination and noise.

Under ASHP, the FAA proposes that airlines voluntarily and then the FAA will determine how this information will be analyzed and if regulatory action is needed. Since airlines are already subject to OSHA’s record keeping rule, this proposal is unnecessary. The likely result of the new Aviation Safety and Health Partnership Program will not be increased safety for Flight Attendants, but rather FAA exclusive jurisdiction over a new, redundant safety and health bureaucracy.

In order to formally implement the process of coordination initiated by the MOU, the FAA must rescind the 1975 Federal Register policy statement and relinquish their exclusive jurisdiction over the safety and health of Flight Attendants. AFA’s Government Affairs Department is working with members of Congress to call on the FAA to relinquish its jurisdiction and work with OSHA to provide Flight Attendants with meaningful safety and health protections.

During our lobby visits we updated Congressional offices on the lack of progress on OSHA protections for Flight Attendants and asked offices to call upon the FAA to relinquish their exclusive jurisdiction.

“BASEBALL-STYLE” ARBITRATION

During the 107th Congress, Senators John McCain (R-AZ), Conrad Burns (R-MT) and Trent Lott (R-MS) introduced legislation to reform the Railway labor Act and impose mandatory compulsory arbitration, in airline labor-management bargaining disputes. Although Senator McCain has not introduced this legislation in the 108th Congress, the Communities for Economic Strength Through Aviation, a lobbying group known as CESTA, is actively lobbying Congress to derail the Railway Labor Act.

CESTA is being funded by the Air Transport Association and several major carriers and is headed by former Republican Congresswoman Susan Molinari. At a time when airlines are bleeding money, laying off thousands of employees and asking their employees for billions in concessions, CESTA’s campaign is a gross misallocation of funds.

CESTA has demonstrated that nothing is out of bounds when trying to promote their agenda. They have gone as far as saying that they support the Railway Labor Act – and this could not be further form the truth. Their proposals would destroy decades of fair labor-management negotiations under the Railway Labor Act and tilt our negotiations process in managements’ favor.

The last few times I have been on Capitol Hill, CESTA has been distributing their propaganda to Congressional offices. It was particularly bothersome to leave a meeting, where we had been lobbying for airline relief and see the CESTA information sitting on the receptionist desk.

Other Issues of Concern To Aviation Workers and Working Families
Why Elections Do matter….

Due Process For Transportation Workers

The Transportation Security Administration (TSA), without prior notice or opportunity for comment, issued a final rule that allows the TSA and the FAA to revoke an airman certificate (applicable to pilots, flight instructors, mechanics and dispatchers) if an individual is found by TSA to be a “security threat”. It allows the government to revoke or deny needed federal certification without due process protections.

While the rule spells out the process by which the revocation would occur, there is no discussion of standards, procedures, or criteria by which the TSA might make a determination that an individual is a “security threat”. The rule denies an employee the right to an impartial review of the facts and does not require workers be shown the evidence or be told the specific reasons behind a security-risk finding.

While transportation unions have supported most of TSA’s actions to increase aviation security, this rule clearly crosses the line separating legitimate security measures from secretive and arbitrary government measures. Aviation workers are already required to clear a ten year criminal background check with fingerprinting and can have their employment terminated for a wide variety of crimes, ranging from serious violations to relatively minor infractions.

The Transportation Trades Department, AFL-CIO, has filed suit in the U.S. Court of Appeals for the District of Columbia for a review of these regulations.

Union Reporting Requirements

The Department of Labor has proposed revisions to union reporting and disclosure requirements under the Labor-Management Reporting and Disclosure Act (LMRDA) which would expand the content and detail of LM reports that unions are required to file.

Last month a group of 28 House Republicans wrote to Labor Secretary, Elaine Chao, expressing their concern that these new regulations would be unduly burdensome and expensive for Labor Unions. They believe that Union resources are best utilized when representing members during regular Union activities not adapting and complying with an unprecedented level of detailed financial information and government forms that the new regulations require.

Cash Balance Plans

In an attempt to counter proposed pension rule changes that could have potentially disastrous effects for older and more senior employees, House and Senate member have introduced the Pension Benefits Protection Act of 2003. The “cash balance’ pension rule changes, proposed by the Bush administration last December, allows companies to convert traditional defined benefit plan pensions into cash balance plans without facing age discrimination charges.

The IRS banned the controversial practice in September 1999, after benefit cuts for older workers led to widespread allegations of age discrimination against companies that made conversions to cash balance plans. According to the Government Acco9unting Office, n annual pension benefit for older workers can drop by as much as 50 percent after a company converts from a traditional plan to a cash balance plan.

The Pension Benefits Act would require companies to give employees who meet certain criteria the choice (at retirement age) to stay in the traditional plan if they chose. The House bill introduced by Congressmen Bernie Sanders (I-VT) and George Miller (D-CA) is H.R. 1677. The Senate bill, S. 825, was introduced by Senator Tom Harkin (D-IA).

These cash balance pension rule changes do not directly affect us, as our pension plans are negotiated through our collective bargaining agreements.

Overtime Pay

The Bush administration has proposed new regulations limiting workers’ overtime eligibility, eroding the 40-hour workweek and affecting more than 80 million workers now protected by the Fair Labor Standards Act (FLSA).

Today, FLSA’s overtime work rules protect workers from employers who currently do not require workers to work unreasonably long hours because they are required to pay overtime. The overtime reform proposal would reduce overtime protections and cut the pay of hundred of thousands of America’s workers.

Employers would get to substitute comp time for overtime, and the employers get the right to decide when, or even if, a worker gets to take his or her comp time. The proposal provides no meaningful protection against employers requiring workers to take time off instead of cash and no protection against employers assigning overtime only to workers who agree to comp time.

Buy American

The U.S Department of Defense wants to gut long standing “Buy American” legislation with a bill to give the Secretary of Defense broad powers to ignore current laws requiring the Pentagon buy American-made goods and services. If successful, the move will further reduce our national manufacturing capability and increase U.S. dependence on foreign suppliers in key national security areas.

Worker Rights Denied

Federal airport screeners, employed by the Transportation Security Administration (TSA), were denied collective bargaining rights when TSA became part of the Department of Homeland Security.

The Bush administration terminated the collective bargaining rights of workers at the National Imagery and Mapping (NIMA) Agency. The administration insists the union must be busted so NIMA employees, who already have significant security clearances, can obtain new security clearances.

On an interesting note…..

World Bank Report

The normally conservative World Bank said labor unions and high unionization rates produce lower unemployment, higher productivity, faster adjustment to economic shock and lower inflation rates. In a report released by the World Bank, the Bank analyzed more than 1,000 studies on union pay and found U.S. workers covered by collective bargaining agreements, typically earn 15 percent more than their non-union counterparts.

In closing, I would like to thank the Lobby Day participants for their professionalism, and efforts in educating Congressional offices on our issues. I would also like to thank all the Government Affairs Committee members for their phone calls, e-mails and follow-up to help gain cosponsors for the House Flight Attendant Certification Act. Our cosponsor list continues to grow!

If you have any questions, please fell free to contact me.

In Solidarity,

Debbie Golombek
UAL MEC Government Affairs Committee Chair