Legislative Priorities for the 111th Congress

Transport Workers Union of America, AFL-C10 (TWU) has a rich history within the last seventy-five years that goes beyond representing members before company management. We are a voice for our members in the halls of Congress and strive to be powerful in our actions on behalf of organized labor in the legislative arena. What is won at the bargaining table can be stripped away at the stroke of a pen. So, staying legislatively astute and keeping a watchful eye on issues, policies and legislation that affect our members is of the utmost importance for our organization. This, of course, is in line with the TWU Constitution.

We believe that our members deserve nothing but the best. Thus, we will continue to advocate on behalf of our members and monitor governmental processes and policies and do whatever we can to protect our jobs, income, benefits and our families. In a time of political change, the President is seeking to bring stability in America, and we will continue to educate our members and renew our commitment of involvement in the legislative and political process.

James C. Little
International President

TABLE OF CONTENTS

LABOR PROTECTIONS

• The Employee Free Choice Act: Protecting All Workers
• Section 13 (c) Transit Labor Protections

FIGHTING TO PROTECT OUR JOBS

• Reauthorizing the FAA
• Foreign Aircraft Maintenance
• The "Open Skies" Agreement - Foreign Ownership Through the Back Door
• Occupational Safety & Health (OSHA) for Flight Attendants
• Criminal Background Checks
• Reinvesting in Amtrak for the Future
• Equal Treatment for Commercial Driver's Licenses (COL's)
• Funding for Transit and Rail Training Programs
• Transit Charter Restrictions
• Amtrak Board Representation
• Implementation of Amtrak Passenger Rail Investment / Improvement Act
• Gaming Issues
• Executive Compensation
• Outsourcing

ENERGY INDEPENDENCE AND SECURITY

• Global Warming, Energy Independence and Mass Transportation
• Transit Funding

PRESERVING HEALTH AND WELLNESS

• Healthcare Reform
• Medicare for Our Seniors
• Family Medical Leave Act Accessibility
• for Flight Attendants
• 9/11 World Trade Center Health Programs
• Bleed Air Filters and Monitors

TRANSPORTATION SAFETY AND SECURITY

• Flight Attendant Security Training
• Airport Security: Screening of Airline Workers
• Airport Security: Leave All Blades Behind Act
• Safe Rides
• Safety Management System (SMS)
• On-Board Service Worker and Carmen Safety Certification

LABOR PROTECTIONS

THE EMPLOYEE FREE CHOICE ACT: PROTECTING ALL WORKERS

According to a recent survey, more than 57 million Americans said they would join a union if they had the chance. But workers who try to exercise their right to join a union are routinely harassed, intimidated, and coerced by management. With union members bringing home substantially larger paychecks and better benefits than their non-union counterparts, especially women and minorities, this is the civil rights issue of our age.

The middle class in America is disappearing and so are good jobs, healthcare coverage, and retirement security. Working people should have the freedom to choose whether to join together in unions to bargain for better wages and benefits. Presently, employers intimidate, harass, coerce, and even fire workers for trying to form and join unions.

The Employee Free Choice Act restores the rights of workers by (1) strengthening penalties against companies that use fear tactics to intimidate their employees, (2) establishing mediation and binding arbitration when the employer and workers cannot agree on a first contract, and (3) enabling employees to have their union certified when a majority signs union cards.

TWU Position
TWU supports the Employee Free Choice Act, which would restore workers' freedom to form unions and protect them from harassment as they attempt to bargain collectively. We call on Congress to pass it so that workers can exercise their right to join a union without the fear of losing their jobs.

SECTION 13(C) TRANSIT LABOR PROTECTIONS

When Richard Nixon provided the means to buyout the failing private transit systems in the early 1970s, Congress mandated that local agencies could not use their new public status to renege on existing labor relationships. Section 13(C) of the Federal Transit Act mandates that federal transit subsidies cannot be used to do away with existing unions. If this rule is broken, transit agencies face the penalty of losing all highway and transit dollars. This clause has protected all transit locals, but especially in states where it is otherwise illegal to bargain collectively with public employers (i.e. Texas, North Carolina, and Georgia).

TWU Position
The TWU is unalterably opposed to any reduction in 13(c) labor protections. This is the transit equivalent of Davis-Bacon or the Service Contract Act, and any attempt to undermine it will be seen as hostile. We applaud Congress for retaining full 13 (c) labor protections in the Highway-Transit Bill and call on them to maintain their vigilance.

FIGHTING TO PROTECT OUR JOBS

REAUTHORIZING THE FAA

The reauthorization of the Federal Aviation Administration is an opportunity for Congress to correct years of neglect, erosion of passenger and aviation worker rights, and increasingly unsafe conditions. The bill that has been introduced in the House makes giant steps in these directions.

FOREIGN AIRCRAFT MAINTENANCE

For years the U.S. airline passengers have been placed at risk by FAA Certification policies that allow lower standards and less scrutiny for overseas aircraft maintenance bases. This includes:

• No drug or alcohol testing requirements overseas even though the FAA has extended the requirement to everyone who works on aircraft in the U.S.
• Giving 3-4 months notice of inspections overseas as opposed to unannounced inspections in the U.S.
• No requirement for criminal background checks overseas despite the Inspector General having found at least one suspected al Qaeda operative working on U.S. aircraft overseas. The FAA and TSA have stonewalled a 3-year-old requirement to issue a rule and conduct security audits of foreign bases.
• Almost no inspections of foreign repair stations by FAA inspectors except for recertification every 2-5 years as opposed to hundreds of inspections of air carriers performing in-house U.S. repairs. There are 709 FAA-certified foreign repair stations, an increase of more than 345 perfect since the rules governing foreign certification were eased in 1998. Yet there has been no increase in the number of FAA inspectors.

THE "OPEN SKIES" AGREEMENT-FOREIGN OWNERSHIP THROUGH THE BACK DOOR

Two years ago, Congress overwhelmingly rejected a Bush Administration attempt to overturn the law prohibiting foreigners from exercising "actual control" of a U.S. airline. Yet, in the "Open Skies" agreement, the Administration succeeded in negotiating and signing a bilateral Air Transport Agreement that allows greater foreign ownership of U.S. airlines. Worst is a franchising provision that would allow foreign investors to control the operational decisions of our airlines.

OCCUPATIONAL SAFETY & HEALTH (OSHA) FOR FLIGHT ATTENDANTS

Airline compliance with OSHA rules covering flight attendants is currently voluntary. Without mandated provisions from the government requiring air carriers to protect flight attendants, the program clearly puts and band aid on health and safety concerns that will not disappear. Other airline workforce groups are protected by OSHA standards and rules. OSHA standards and regulations must also extend to protect the safety and health concerns of flight attendants. Penalties should be enforced for those air carriers that do not comply with OSHA. The present system of allow air carriers to volunteer to protect the safety and health of the flight attendant workforce is not acceptable and merely suggests that a flight attendant is not on equal standing with other airline professionals. It is not acceptable that the government would allow airlines to arbitrarily decide whether they will comply with health and safety rules for flight attendants.

TWU Position
The TWU calls on the House and Senate to pass the FAA Reauthorization bill as a first step in rectifying unequal safety standards and treatment of flight attendants. We further call on the Senate to include the same tough new standards that have been included in the House bill, including increased oversight and safety standards for foreign repair stations, changes in the contract negotiating process for air traffic controllers, and giving FedEx workers the right to join a union under the National Labor Relations Board.

CRIMINAL BACKGROUND CHECKS

In the months following 9/11, Congress hastily passed a variety of safety measures intended to secure our nation's air, rail, and bus travel. while the TWU supports any efforts to increase the safety of the American traveling public, many of the new measures have created unintended havoc and the loss of jobs for some of America's transportation workers without a proper hearing and review system in place.

The problems we see with the measures are wide ranging (with those in the airline industry most acute) and include but are not limited to:

• Jobs have been lost for "security reasons" without any standard for what constitutes a risk (a Transportation Safety Administration final rule requires the FAA to pull an airline worker's certification at the order of the TSA and it can be done so arbitrarily and without just cause).
• Jobs have been lost for technical violations of a rule without anyone in the Executive Branch being allowed to exercise judgment (Criminal Background Checks).
• Jobs have been lost without employees being given the right of appeal or explain extenuating circumstances (background checks and TSA rule).
• Jobs have been lost because the definitions of crimes and standards of impugnability differ from state to state, yet all transportation workers are under federal surveillance (in some states the governor has to pardon the offense; in some states the court system may review the offense; some states have no standard in place).
• Rules and standards differ from region to region and port to port; in addition, forms and requirements are constantly changing as the Department of Homeland Security continues to adjust its methods and procedures.
• Despite clear language in the law, jobs continue to be in jeopardy because employers hold excessive amounts of their employees' personal information, including prior court appearances not connected with any of the newly mandated 'security' offenses.

TWU Position
It is our belief that our nations security procedures related to transportation should be rewritten to provide for clear standards, rights of appeal, intelligent flexibility in their application, and protection of employee privacy.

REINVESTING IN AMTRAK FOR THE FUTURE

Year after year, TWU Amtrak workers fight to keep the railroad running and lobby for funding increases to sufficiently support Amtrak. This funding is especially critical now that it is becoming increasingly clear that our reliance on foreign oil is an issue of national and economic security.

President Obama has outlined his vision for High Speed Rail in America and has funded it with $8 billion in the stimulus and an additional $5 billion in his budget. Amtrak must be included in the new expansion of high speed rail because it employs over 19,000 people and operates the majority of intercity passenger rail in the United States.

TWU Position
The Transport Workers Union believes that as America expands intercity passenger rail service and invests in High Speed Rail, that Amtrak must be included for the benefit of our workers and the American traveling public.

EQUAL TREATMENT FOR COMMERCIAL DRIVER'S LICENSES (CDL'S)

In most states, drivers who receive points on their driver’s licenses are encouraged to work off those points more quickly by participating in special drivers training and other remedial programs. Federal law prohibits the same treatment of CDL's, which are required by many TWU members as a condition of employment. We call on Congress to correct this injustice and create a law that is fair to workers who require CDL's to earn their livelihood.

TWU Position
The TWU supported the passage of H.R. 3725 in the 109th Congress, which would have allowed CDL holders to participate in a driving school to more quickly remove points from their driving record that are the result of a traffic violation. Moreover, we feel that requiring sleep apnea testing for individuals with a Body Mass Index (BMI) of over 33kgJm2 to obtain a CDL is an unfair infringement on their rights as employees if they have no other medical history that would call their ability to perform their job function into question.

FUNDING FOR TRANSIT AND RAIL TRAINING PROGRAMS

The transportation industry is dynamic and ever changing with technological advancements. Coupled with technological advancements is the need to train the workforce on new equipment, new procedures and safety standards. Thus, federal funding for design, planning, and occupational training projects especially in the transit and rail sector would benefit agencies and workers alike as equipment and programs emerge that help to curb our dependence on foreign oil, alleviate green house gas emissions and mitigate climate change on the path to energy independence.

TWU Position
TWU calls on legislators to fund institutes, programs and centers through grant initiatives or appropriated funding to help address training needs for transit and rail workers.

TRANSIT CHARTER RESTRICTIONS

Under the Bush Administration, the Federal Transit Administration (FTA) imposed significant restrictions on the ability of publically-subsidized transit agencies to provide charter bus services within their own communities to special events even though charter services have served to subsidize the agencies for years. In essence, by bidding and winning contracts to provide charter service the agencies helped to continue to provide dependable and affordable service within their communities. Private bus companies lobbied successfully for the rule to be changed (Charter Service Final Rule (49 CFR Part 604)). The private sectors' desire to have the "first bite of the apple" has lead to a loss of income for employees, the agencies and the communities that the agencies service. In one swift move, revenue that was depended upon was eliminated.

TWU Position
TWU asks for this inequitable rule that affects agencies, employees and community residents and visitors alike to be modified or dissolved so that communities will not suffer from the changed rule any longer.

AMTRAK BOARD REPRESENTATION

The Amtrak Board governs the largest passenger rail system in the United States and employs over 19,000 workers. As such, achieving the placement of a "labor" representative on the Amtrak Board is critical to ensure that the well being of those workers is taken into account.

TWU Position
Including a "labor" representative on the Amtrak Board is essential to becoming true stakeholders. TWU supports the placement of a candidate that will bring rail labor's view to the board.

IMPLEMENTATION OF AMTRAK PASSENGER RAIL INVESTMENT/IMPROVEMENT ACT

In the Amtrak Reauthorization legislation (H.R. 2095) that was passed in the 110th Congress, Section 227 calls for a study of Amtrak Shop facilities, with a focus on "insourcing work," to be conducted within 9 months of enactment of the act. To date, the Department of Transportation has not yet conducted the study which was due by July 16th, 2009.

Moreover, in developing the report, the Inspector General is to consult with entities including rail labor regarding the study. We want to stress that we feel our involvement in the development of the study and the resulting report is critical to ensure that conducted fairly with respect to the workers involved.

Also, the act calls for On-Board service improvements.

TWU Position
TWU calls on the Department of Transportation to perform the study of the Amtrak Shop facilities, in particular the Beech Grove Mechanical Facility in Indiana, as specified by the legislation. We do not view their delay is warranted and feel that this study is long overdue.

GAMING ISSUES

Our dealers in Nevada serve as an important facet in the economy of Las Vegas. We are acutely aware of the strain that the economic downturn has put on them, just as it has put strains on everyone. We are concerned about tip sharing and feel that management should never be included in any kind of service related tips. Moreover, as we are all aware, smoking in the workplace has been an issue for many of our work groups. Smoking on airplanes was a health hazard and has since been banned, but smoking on the casino floor remains an issue.

TWU Position
while it is complicated, we are supportive of our TWU member's efforts to better manage smoking on the casino floor so that it does not negatively affect our workers, their tips, or the casinos. Furthermore, tip sharing with management is a practice we strongly disagree with.

EXECUTIVE COMPENSATION

Something has to change. Our economy is in crisis. According to the Bureau of Labor Statistics, in July 2009, the official unemployment rate is 9.4%. One in ten American is without work or has been forced to take up multiple part-time jobs to support themselves or their families. This is undoubtedly a result of the United States government pushing for policies of privatization, globalization, and letting the balance tip indefinitely to the side of business. The greed in corporate America is unparalleled, and as we saw during the collapse of Wall Street, the titans at the top will never yield until they have bankrupted themselves, their workers, and the American government.

On July 31st, 2009 the House passed the Corporate and Financial Institution Compensation Fairness Act of 2009 (H.R. 3269). This bill would limit the compensation packages for corporate executives if they are deemed to be too risky for the financial health of the company by an outside advisor. It would also put compensation packages to a nonbinding shareholder vote, ensuring that at the very least there would be some transparency to stakeholders regarding the compensation of executives. If this bill passes it will be a strong first step towards limiting exorbitant and reckless executive compensation. In the future, there must not only be limits on compensation but more legislation that will provide increased fairness for workers so that the people who do the work make a greater portion of the money.

TWU Position
The Transport Workers Union is strongly in support of any legislation that will limit exorbitant, reckless, and risky executive compensation packages. We believe that the greedy titans of business have taken too large a share of the pay for far too long and that there should be limits. Moreover, we believe that the workers who make business possible should be rewarded with a greater share of the profits and higher pay, including increased benefits and pensions, in lieu of golden parachutes and hefty compensation packages for executives.

OUTSOURCING

Since 1998, more than 3 million manufacturing jobs have been sent overseas. By 2015, a leading research firm predicts that the United States will ship an additional 3.4 million white-collar jobs overseas. That will be more than 6 million jobs lost due to poorly designed trade policies in less than 20 years. The job losses represent hundreds of billions of dollars in lost wages, which is money that could be flowing directly into our ailing economy, spurring consumer spending and bolstering American businesses. Instead, we're sending hundreds of billions of dollars of wages overseas, to countries like China and India where workers are exploited and produce inferior products. The United States is the leader of the global economy and should set a positive example by supporting the most skilled workforce in the world.

TWU Position
The Transport Workers Union does not support trade policies that send American jobs overseas. In this time of economic crisis is it increasingly clear why we must support American businesses and keep manufacturing and white collar jobs in the United States. American made products are of better quality and the workers who produce them are protected by labor laws, something which cannot be said for all foreign products and workers. We unequivocally believe that the path to economic strength hinges on rebuilding of the middle class by putting an end to outsourcing.

ENERGY INDEPENDENCE AND SECURITY

GLOBAL WARMING, ENERGY INDEPENDENCE, AND MASS TRANSPORTATION

This past summer, as the price of oil skyrocketed so did the ridership of our nations mass transportation systems, which were woefully disadvantaged in carrying the extra burden after years of neglect. President Obama has made reducing our nation's dependence on foreign oil and carbon emissions a national priority. The reduction of our energy consumption is now considered a matter of national security as our dependence on foreign oil creates significant weakness in our economic stability. Mass transportation and rail travel must be considered an important facet of a new clean energy future for America because they reduce energy consumption and pollution by taking millions of cars off the road. Already, the President has made rail travel a new Administration priority by announcing his Vision for High-Speed Rail in America and including $8 Billion of funding for its development in the stimulus. We feel that a similar level of support and funding for increased development of mass transportation is necessary if we are to succeed in rebuilding our economy and securing a clean energy future for America.

With the passing of new CAFE (corporate average fuel economy) standards in the 2007 Energy Independence and Security Act, the financial burden placed on Americans who need to travel for work and their daily lives were significantly increased. We feel that Congress made the right decision to act in our nation's interest by raising CAFE standards, but that they must also enact counter measures to ease the strain on the American traveling public. We feel that Congress should fund and expand mass transportation because it will increase our national energy conservation while also making it affordable for more Americans to travel.

TWU Position
TWU believes increased support for expanding mass transportation should be included in all measures aimed at securing America's clean energy future.

TRANSIT FUNDING

Mass transit is part of the solution to curbing green house gases and achieving energy independence and security. The ability for communities to have transit services to provide to visitors and community members alike is an important driver of state and local economies. It is important that mass transportation remains affordable and convenient for working men and women. However, how we fund our mass transit systems is an important factor in their ability to move people affordably and efficiently.

Currently, the majority of transit funding that comes from the Federal government and State Legislatures is directed towards capital investments -new busses and garages-but little if any of that money is allowed to go towards operating costs (salaries and fuel). This puts an incredible strain on transit agencies and the employees of those agencies alike. Transit agencies are struggling to keep up with rising fuel prices and the increased demand for mass transit those high prices create as well as pay their employees who are working more hours as a result of the increased demand. We believe that transit funding should be doled out with increased flexibility for transit agencies so that they can direct the funding where it is needed rather than be required to spend it where it isn't.

TWU Position
The Transport Workers Union believes that for transit agencies to handle the increased demands and costs associated with rising fuel prices they must be given increased flexibility to spend funding. Specifically, agencies must be able to spend funding on operations and fuel, not just capital investments.

PRESERVING HEALTH AND WELLNESS

HEALTHCARE REFORM

President Obama has made healthcare reform a national priority. Our current healthcare system is unaffordable unsustainable for both working families and employers. Because of this, comprehensive healthcare reform is an economic imperative to keep our country competitive in the global market and on the road to recovery.

Healthcare reform is imperative for several reasons, even for those of us who enjoy employer-provided benefits. First, workers and their unions are often required to bargain away salary, pay increases, and vacation time to maintain their health benefits due to skyrocketing costs. Second, those of us who have insurance end up paying higher premiums and co-pays out of our pockets for those who do not have insurance and are forced to use the Emergency Room as their primary care. Third, healthcare reform means real market competition among the government and insurance companies that lowers the cost while increasing quality.

Healthcare reform means a truly inclusive healthcare system that is accessible to all Americans and benefits all Americans. It also means that Americans will be able to keep their doctors and insurance plans if they chose, will cap out-of-pocket expenses including premiums, co-pays, and deductibles, and promote quality care and long-term economic stability.

TWU Position
TWU supports legislation to create a healthcare system that provides truly universal coverage for all Americans without undermining or taking away the exceptional benefits many of us receive from our union-negotiated health plans. 3 key principles to healthcare reform include: (1) a Public Insurance Option, (2) Employer-Mandate ("Pay or Play"), and (3) Absolutely no taxation of employer provided benefits.

MEDICARE FOR OUR SENIORS

Medicare is a great American success story that has helped to drastically reduce senior poverty and allows them to live longer, healthier lives.

Despite its successes, Medicare faces the same challenges as our healthcare system-skyrocketing costs and a broken system. The current Medicare legislation contributes to these problems in several ways:

First, current Medicare law prohibits Medicare from negotiating prescription prices with drug companies, a practice used by both the Veterans Administration and the military to obtain the lowest possible price. Second, the Medicare Part D "donut hole" leaves seniors on the hook for the entire cost of their prescription drugs when they hit their annual limit but before they reach an amount considered "catastrophic" when Medicare kicks back in. This "donut hole" leaves seniors in financial ruins and only serves to benefit pharmaceutical giants. Third, the current Medicare system subsidizes private, expensive HMO's with increasing holes in their coverage to unfairly compete with Medicare. Lastly, Medicare does not provide enough critical services to seniors, such as transportation to and from medical facilities.

Seniors will be best served if we reform the Medicare system by building on what works and fixing what is broken. This includes closing the "donut hole," capping out-of-pocket expenses, and expanding the program to better meet the needs of seniors.

TWU Position
The TWU calls on Congress to enact comprehensive healthcare reform, with respect to both healthcare coverage and prescription drugs. Whether the new plan allows the government to negotiate for the lowest Medicare drug prices or uses another method to lower the cost of prescription drugs and increase their availability, the end result is the same; more patients receiving the critically important medication they require at a lower cost. The current plan is poorly crafted and does not achieve the intended goals of Medicare.

TWU fully supports the current healthcare reform effort and strongly encourages Congress to work towards a more affordable and efficient healthcare system for all.

FAMILY MEDICAL LEAVE ACT ACCESSIBILITY FOR FLIGHT ATTENDANTS

The Family Medical Leave Act (FMLA) provides flexibility to workers who encounter serious health conditions. The law applies to workers themselves, their spouses, children, or parents. This federal workplace policy is available on an equal basis to all workers in America. However, the way eligibility of FMLA is calculated is unfair to flight attendants because of the work schedule and methods of calculating the work hours of flight attendants. Presently, workers are eligible for FMLA if they have worked for at least 12 months and for 1,250 hours. But, flight crews due to the nature of their job) do not work a traditional 40 hour work-week. Thus, a flight crew member may be unfairly denied FMLA coverage.

TWU Position
Federal guidelines for determining FMLA eligibility should be amended to provide equal access and coverage to flight crew members. TWU supported H.R. 2744 and S. 2059, the Airline Flight Crews Technical Corrections Act in the 110th Congress, which amends the Family Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews.

9/11 WORLD TRADE CENTER HEALTH PROGRAMS

In the aftermath of 9/11, many workers developed medical problems as a result of their exposure to dangerous toxins and carcinogens that were present in the building materials that they inhaled during the rescue and cleanup processes. Providing the funding for the medical monitoring and treatment programs to date has been difficult.

It is necessary that Congress provide ongoing medical monitoring, treatment, and compensation to workers and other who were adversely affected by the September 11th attacks and collapse of the World Trade Center (WTC).

Legislation should at a minimum:

• Provide medical monitoring and medical treatment to affected individuals for their World Trade Center related health conditions. The federal government should pay the costs of this monitoring and treatment.
• Build off the existing monitoring and treatment programs to ensure quality, competent care, and the ongoing collection and analysis of data.
• Provide a mechanism for compensation for economic loss for those individuals who are unable to work or have lost earnings potential as a result of a World Trade Center-related condition.
• Establish 9/11 health monitoring, treatment, and compensation as a mandatory program, so that necessary funding is provided without having to appropriate funds on an annual basis.

TWU Position
A WTC program should be statutorily established to provide individual monitoring and treatment benefits for qualifying workers and individuals. The TWU supports establishing and funding a WTC program that will provide medical care, medical monitoring, and financial compensation for victims.

BLEED AIR FILTERS AND MONITORS

In the FAA Reauthorization Bill (H.R. 915), new Cabin Air Quality Technology is required to ensure the long term health and safety of Flight Attendants and Pilots. The bill requires that the FAA "initiate research and development work on effective air cleaning and sensor technology for the engine and auxiliary power unit for bleed air supplied to the passenger cabin and flight deck."
The increased development of Bleed Air Filters and Monitors is critically important in reducing the incidence of cabin air quality related sickness among Flight Attendants and Pilots.

TWU Position
The TWU supports increased funding for research and development of technology to improve cabin air quality. We feel research of this nature is long overdue and its delay has caused the needless injury and sickness of thousands of Flight Attendants and Pilots. We are eager to see the report produced by the FAA regarding the research that would be mandated by this bill if it becomes law.

TRANSPORTATION SAFETY AND SECURITY

FLIGHT ATTENDANT SECURITY TRAINING

Flight attendants are truly the first responders in the air. They are most directly in contact with potential terrorist situations, and should be equipped with the knowledge and self defense skills to protect their passengers, other crew members, and the aircraft.

Currently, the Crew Member Self Defense Training (CMSDT) program offered by the TSA is a voluntary program, but we feel that the program should be made mandatory and extra steps should be taken to ensure that it is administered in a flight attendant friendly manner. The TSA is on record stating to the Washington Post its displeasure with the amount of participation of flight attendants in the program. The courses, which are offered at 18 sites around the country, have not been heavily promoted by the government or airlines. They are held at community colleges, some far from airports and hard for flight crews to reach. Moreover, air carriers do not give crew members time off to attend the training, which means employees have to do it on their own free time and at considerable cost to themselves.

Since the CMSDT program that the TSA conducts is voluntary and difficult for flight attendants to attend due to time, location, and financial constraints, we feel that many flight attendants are being denied their personal desire to have safety and self defense training. This is not only a personal disservice to them, but it is a professional disservice to their ability to react in the case of a terrorist attack. It is imperative that a three-pronged approach to airline security be completed. The first two prongs-pilots carrying guns, and federal air marshals on board flights-have been established and in place for some time. However, since every flight does not have an air marshal or armed pilot, it is essential to implement the third prong of a mandatory, not voluntary. crew member self defense training program.

TWU Position
The government must mandate security training for flight attendants and prepare all active flight attendants to protect their passengers, other crew and the aircraft from any terrorist or disgruntled passenger event.

AIRPORT SECURITY: SCREENING OF AIRLINE WORKERS

Since the attacks of 9/11. elected officials have made multiple changes to airport security policies, often trying to one-up each other on who is the toughest on homeland security. In the process, they have proposed photo ops and headlines instead of genuine security measures.

Most recently, seizing on a few incidents of illegal smuggling activity. some members of Congress are trying to screen all airline and airport workers like they do the general public. In the l10th Congress, HR 1413 was passed in the House and it would have created a pilot program that would have accomplished this goal. Among other things, it would have required airline and airport workers to go through a screening process every time they enter of leave a secure or sterile area.

The plan was an unnecessary and expensive duplication of other security measures including multiple criminal background checks already undergone by these workers. It ignores the simple fact that any pilot or mechanic already has the ability to sabotage a plane, should they want to do so, simply by misusing their craft. Adding additional screening measures, like the pilot program proposed by HR 1413, would create chaos on the ground, massive delays for passengers, and waste hundreds of millions of dollars that could be used against real threats.

While we are open to additional measures to screen airline workers, we suggest Congress instead hasten efforts to produce a Transportation Worker Identification Card (TWIC), which will help to close the security gap at airports around the country. We also think it is imperative that all airline carriers, including air cargo carriers, go through the same tough security to protect our nation from unwanted terrorist attacks.

TWU Position
TWU supports evaluating the loopholes of airport security and making necessary adjustment to protect air travel. However, we oppose any pilot program mirroring HR 1413 from the 110th Congress, which would create unnecessary chaos for passengers and workers alike through unduly burdensome, expensive, and misdirected activities.

AIRPORT SECURITY: LEAVE ALL BLADES BEHIND ACT

On December 22, 2005 the Transportation Security Administration (TSA) relaxed the ban on potentially dangerous items allowed on board aircraft. As the first line of defense against any violent act onboard an aircraft, it is imperative that items that can be used to harm the flight crew not be allowed aboard.

After the terrorist attacks of September 11, 2001, Congress created the TSA to more closely monitor transportation security in America. Appropriately, the TSA banned certain items (some ordinary household items like the ones used in the attacks) from being brought onboard aircraft. However, now the TSA has relaxed the banned item list and allows potentially dangerous items (four inch scissors and large screwdrivers) onboard aircraft.

In response to criticism, the TSA has stated that a philosophical change was made to concentrate on explosive devices. Their additional justification for the philosophical change was that screening for potentially dangerous household objects was a long and time consuming process that was more costly than beneficial. Allowing four inch scissors and large screwdrivers back onboard aircraft has not made the process any less time consuming. A better solution is to enforce the present baggage rules and size limitations while enforcing the ban on all scissors and screwdrivers.

The safety of aircraft occupants should never be compromised especially at the expense of comfort. The TSA's decision to focus more on screening for explosives is admirable, yet such an effort should not be a tradeoff for allowing potentially dangerous back onboard aircraft.

TWU Position
We urge Congress to take a vital role in monitoring the TSA and ensure the safety of the flying public and flight crews by reinstating the ban on potentially dangerous items onboard aircraft.

SAFE RIDES

Transit operator and passenger assaults are all too common and need to be addressed at the Federal, State and Local levels. Training operators on how to handle these assaults is important, but more importantly, enacting a law that will prohibit such violent behavior and increase police monitoring is essential for safe rides for operators and passengers.

TWU Position
TWU seeks legislation that will protect operators and passengers from the violent assaults that have become common place on busses around the country.

SAFETY MANAGEMENT SYSTEM (SMS)

Safety Management Systems (SMS) is defined as a "systematic approach to managing safety, including the necessary organization structures, accountabilities, policies, and procedures." The integration of SMS for airport safety management would be beneficial to the overall security of airports, Flight Crews, and travelers. SMS relies on proactive management instead of reactive regulations to ensure aviation safety, which allows stakeholders such as unions to tailor a specific safety measures to meet their unique needs. We believe that SMS provides a regimented security protocol that will enhance security and increase the clarity with which security is applied to the benefit of airport workers and travelers alike.

However, SMS can be applied too strictly-as it is in Canada-where it has been criticized due to its reliance on self regulation. Under an SMS, airlines take more responsibility for setting and managing safety risks. As such, we feel that the there must be measurable and attainable companywide safety procedures and processes. We feel that the obvious goal of any implementation of SMS is safety risk management, safety assurance, and safety promotion-all ideas with which we agree.

TWU Position
We feel that TWU must be a part of any future Aviation Rulemaking Committee (ARC) due to the many aviation professionals who we represent. Furthermore, we feel that as a stakeholder we must be involved as companies set these procedures and processes to ensure that they are not in conflict with Aviation Safety Action Program (ASAP) provisions or our collective bargaining agreements.

ON-BOARD SERVICE WORKER AND CARMEN SAFETY CERTIFICATION

The job of On-Board Service Workers goes beyond serving food and beverages. They are much like flight attendants and just like flight attendants, they have safety responsibilities. These workers are the front line of defense on board trains to handle emergencies of many proportions.

For years, On-Board Service Workers have taken on the responsibility to act and be trained in emergency preparedness, prevention measure concerning chemical, biological, and radiological terrorism, as well as evacuation procedures for passengers. They are the first responders of the rails.

Every rail rider depends on the workmanship of Carmen. Safety is the number one aspect of their job. Our ability to trust that procedures and proper criteria are followed when repairing and updating the rail cars is essential for safety.

The Federal Railroad Safety Improvement Act of 2008, which became public law on October 16, 2008, establishes the Railroad Safety Administration, protects workers from fatigue and establishes a program to certify Conductors in safety procedures. However, the bill fails to include On-Board Service Workers and Carmen and does not require that they be certified in safety measures. It is unfortunate the law does not follow through on certifying workers who have significant safety responsibilities.

TWU Position
The TWU supports the safety certification program established by The Federal Railroad Safety Improvement Act of 2008. We call on Congress to amend the law with a future bill to include both On-Board Service Workers and Carmen in the required safety certification program that is only currently offered to Conductors.

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