COPE Issues 2007

Fighting to Protect Our Jobs

FOREIGN AIRCRAFT MAINTENANCE

For years, 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 a! 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 the recertification every 2-5 years as opposed to hundreds of inspections of U.S. air carriers’ in-house repairs.

THE “OPEN SKIES’ AGREEMENT - FOREIGN OWNERSHIP THROUGH THE BACK DOOR

Last year Congress overwhelmingly rejected an Administration attempt to overturn the law prohibiting foreigners from exercising “actual control” of a U.S. airline. Now, in the recently-negotiated “Open Skies” agreement, the Administration is once again apparently committed to allowing 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.

If this succeeds, tens of thousands of good. union airline jobs would fall under the control of foreign corporations who could replace them with low-wage foreign workers. From a national security perspective, it would also pave the way for countries like China and Saudi Arabia to gain control of large portions of the U.S. airline industry, adding the dangerous potential of both economic and terrorist threats.

CRIMINAL BACKGROUND CHECKS

Following the 9/11 attacks. Congress passed a number of hastily drawn measures to protect Americans traveling by air, rail and bus. While the TWU supports the intent of these measures, many of them 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.

Problems differ (with those in the airline industry most acute), but all share similar problems:

• jobs have been lost for “security reasons” without any standard for what constitutes a problem (a Transportation Safety Administration final rule requires the FAA to pull an airline worker’s certification at the order of the TSA).
• 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 a right of appeal or being able to explain extenuating circumstances (background checks and TSA rule).
• jobs have been lost because the definition 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 new Department of Homeland Security struggles to get up to speed.
• jobs are in jeopardy because employers have all kinds of personal information on employees, including prior court appearances not connected with any of the “security” offenses, despite clear language in the law.

CABOTAGE: OUTSOURCING AIRLINE JOBS

It is no longer only manufacturing jobs that are in danger of being given away overseas. The last FAA Reauthorization included for the first time a loophole in America’s cabotage laws. Cabotage is the practice of allowing foreign air carriers to service U.S. domestic routes. It was illegal all over the world until Congress allowed an exception for cargo carried to or from Alaska. This meant foreign carriers from China and Taiwan are taking jobs from U.S. workers on domestic airlines. Now that the door has been opened, we expect attempts to expand this practice to other airports (e.g., Hawaii, Puerto Rico, LAX and JFK). We also expect attempts to expand the practice to passenger air.

GLOBAL WARMING, ENERGY INDEPENDENCE AND MASS TRANSPORTATION

Reducing energy consumption which contributes to global warming and reducing reliance on foreign oil which aids terrorism are two major goals of the American people and Congress. One of the best ways to achieve both aims is to promote and encourage mass transportation like public transit and rail travel. Mass transportation reduces energy consumption and pollution by taking millions of cars oil the road.

In addition, many of the proposed solutions, such as increasing CAFE gas mileage standards, increase the cost and difficulty of transportation for ordinary Americans. While we support these changes. they should not be enacted without companion measures to ease their consequences. Funding and expanding mass transportation to make it cheaper, more convenient and more accessible is a critical offset to the burdens accompanying energy conservation.

13(c) TRANSIT LABOR PROTECTIONS

When Richard Nixon provided the means to buy out the failing private transit systems in the early 1970’s, Congress mandated that local agencies could not use their new public status to renege on existing labor relationships. Section 13(c) requires that federal transit subsidies may not be used to do away with existing unions under penalty of losing all highway and transit dollars. This clause has protected transit locals in states where it is otherwise illegal to bargain collectively with public employees, such as in states like Texas, North Carolina and Georgia.

PRESERVATION OF AMTRAK, INCLUDING FAIR CONTRACTS FOR WORKERS

The Bush Administration has never wavered in its determination to destroy national passenger rail service in this country. The Bush plan to privatize rail service in those parts of the country that can afford it would starve and dismantle Amtrak in the rest of the country.

Meanwhile Amtrak refuses to bargain fairly with workers who are the backbone of the system, yet Amtrak leadership has put programs in place to give management bonuses.

Year after year, TWU Amtrak workers have fought the battle to keep the railroad running and have lobbied for increases to sufficiently support Amtrak. 2007 is different. No longer will TWU Amtrak workers battle to just keep the railroad running. TWU also asks for sufficient funding so that contracts with workers may be settled.

Amtrak leadership has ignored the plight of workers who actually keep the trains rolling. TWU workers have not had a wage increase since 1999, yet Amtrak leadership seeks to give management bonuses. TWU workers have remained loyal, optimistic and hard working while negotiations continue to be a struggle. Management leadership continues to reward itself and deny its unionized workers who have made the sacrifice to keep Amtrak operating. Amtrak’s continued refusal to back off radical, unjustified work rule concessions and negotiate seriously has made it increasingly evident that Amtrak has no intention of making a fair contract settlement. However the National Mediation Board (NMB) refuses to release the parties from mediation.

AMTRAK “REFORMS”

For years, the Bush Administration has sought to destroy what we know to be the national rail system. A Board of his appointees continues to propose plans that threaten to throw funding responsibility back to the states, eliminate services necessary for people to travel long-distance rail and eliminate many long-distance routes entirely.

One especially egregious cut is the threat by Amtrak’s Board to outsource the On-Board Service workers. These workers do not deal solely with food and beverages but, like Flight Attendants, have major safety responsibilities. They are a front line defense trained in emergency preparedness, prevention measures concerning chemical, biological and radiological terrorism, as well as evacuation procedures for passengers. They are the first responders of the rails. To remove them in favor of untrained, minimum wage workers is irresponsible, and could verge on criminal in the event of a crisis or terrorist attack.

It is important that Amtrak workers, as stakeholders and experts in such things as intercity train operations, performance improvements, ridership, on-board services, station, facilities, equipment and on time performance, be involved in discussions of Amtrak reform.

TWU Position: TWU opposes phony “reforms” that seek to keep Amtrak from being a functional, dependable rail system. Rail Labor should be consulted regarding any proposed reforms before they are implemented since labor can provide critical insight. Furthermore, any attempt to replace Amtrak’s On-Board Service workers with food service contractors is irresponsible and could result in tragic consequences for Amtrak passengers.

Transportation Safety and Security

TRAIN FRONT-LINE TRANSPORTATION WORKERS

Far too little has been done since 9/11 to secure our nation’s transportation network from terrorist attacks. Our transportation system is vulnerable to attacks within our rail, transit and airline networks. Our freight system is poorly regulated, Amtrak is open to security threats, uninspected trucks continue to cross our borders, U.S. aircraft are being repaired overseas without proper oversight, our seaports remain vulnerable and open. and transit systems continue to be subject to security breaches and attacks.

Concerns continue to mount over transporting hazardous materials. Yet the Bush Administration still hasn't established a comprehensive approach to our nation’s transportation security. We spend less than a penny per passenger on transit and rail security compared $9.16 per airline passenger.

The 110th Congress has been working on legislation that includes the urgings of the 9/11 Commission to fund bus and subway security, including the training of front-line workers. Yet, the Bush Administration vows to veto this legislation.

We should learn from the Israelis and train every bus driver and onboard rail and airline worker in what to watch for and how to identify potential terrorists.

ONBOARD 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 in that they have safety responsibilities. The responsibilities that are expected of these workers make them the front line of defense on board trains to handle emergencies of many proportions.

Every rail rider depends on the workmanship of carmen. Safety is the number one aspect in their job.

For years onboard service workers have acted as the front line defense trained in emergency preparedness, prevention measures concerning chemical, biological and radiological terrorism, as well as evacuation procedures for passengers. They are the first responders of the rails.

The Transportation and Infrastructure Committee’s bill, HR. 2095, certifies conductors and carmen in safety buts fails to certify onboard service workers, the other front line of defense. Conductors are to pilots as onboard service workers are to flight attendants.

FLIGHT ATIENDANT SECURITY TRAINING

Flight Attendants are truly the first responders in the air. They are the members of the flight crew most directly in contact with potential terrorist situations, and should be equipped with the knowledge and wherewithal to protect their passengers, other crew and the aircraft.

The TSA is on record stating to the Washington Post its displeasure with the amount of participation of flight attendants in the program. Without a mandatory flight attendant friendly schedule, the program is setup to fail. The courses,which are offered at l0 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. Also, air carriers do not give crew members time off to attend the training, which means employees have to do it on their free time.

The present “Crew Member Self Defense Training (CMSDT)” program that the TSA conducts is a volunteer program that meets the training objective. However, since it is a voluntary program it does not meet the subjective purpose of preparing flight attendants to protect themselves, other crew members and passengers. The one-day, eight hour, hands on training course is only offered in certain cities which forces any flight attendant who desires to be prepared for a potential terrorist situation to find a couple of days off, perhaps find housing and transportation to and from the training. In addition, they must financially sustain themselves during training. All this to participate in what should be required of all flight attendants and given as training at their bases. Obviously, this places an unfair burden on the flight attendant and also diminishes the importance of providing a safe aircraft for passengers.

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 as a mandatory, not voluntary, program - crew member self defense train

RAIL/TRANSIT SECURITY

Rail and transit workers must he given comprehensive security training to prepare for another terrorist attack, national emergency or natural disaster. So far, the government has focused on security measures for air transportation. A well-prepared rail workforce can deter a terrorist attack, mitigate the effects of a hazardous material spill in a community or assist in the evacuation of a community during a natural disaster.

Events like 9/11 highlight how important our rail system is to the security of our nation. And, the London and Madrid bombings prove how vulnerable we can be when not prepared for terrorist acts.

Any rail or transit security training program must include comprehensive elements with appropriate means to measure the program’s effectiveness. Crew coordination, appropriate responses to defend oneself, evacuation procedures, recognition of suspicious packages. and operation and maintenance of security equipment are some of the elements that must be included in a comprehensive program. Whistleblower protection for workers - the eyes and ears of the system - must also be included so that workers are protected from retaliation.

AIRPORT SECURITY: SCREENING OF AIRLINE WORKERS

Since the attacks of 9/11 the screening of airline workers has varied from airport to airport and from work group to work group. Incidents of illegal activity at some airports have prompted Congress to seek to close loopholes in airline worker screening around the country.

The proposed pilot screening program should take into consideration the various needs of the workers while protecting the public and closing any vulnerabilities of security. Workers should be allowed to carry their lunch, personal items, water, tools and such to their work locations.

While we agree on adjusting the screening of airline workers, we implore Congress to continue efforts on the Transportation Worker Identification Card (TWIC) which will help to close the security gap at airports around the country. And, we also think it is imperative that all airline carriers, including air cargo carriers, go through the same scrutiny of security to protect our nation from unwanted terrorist attacks.

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 American air carriers. An attack on flight crews or passengers is likely to be a prelude to any violent act onboard an aircraft. Therefore , it is imperative that items that can he used to harm occupants of air carriers not be allowed to he carried on. After the terrorist attack of September 11, 2001, Congress created the TSA which appropriately banned certain items (some ordinary household items like the ones used in the attack) from being brought onboard aircraft. TSA has relaxed the banned item list and now allows potentially dangerous items (four inch scissors and large screwdrivers) onboard.

TSA has stated that the philosophical change was made to concentrate on explosive devices. They further have reported that the screening process was long and 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. TSA’s decision to focus more on screening for explosives is admirable, yet such an effort should not lead to allowing potentially dangerous items back onboard aircraft.

Trade, Outsourcing and Jobs

A GENERAL TARIFF INCREASE TO PROTECT NATIONAL SECURITY AND AMERICAN JOBS

Everything has changed since NAFTA was passed 12 years ago. The “good” jobs we were supposed to keep while the “crummy” jobs went overseas are themselves being outsourced - almost everything that doesn’t require physical presence (retail, burger-flipping and hands-on health care).

America has switched from a creditor to a debtor nation with a steadily mounting trade deficit that economists and investors agree is “unsustainable.” China now holds $800 billion U.S. dollars (and growing) with the ability to damage the U.S. economy at will with obvious national security implications.

Contrary to popular opinion, it is not always a violation of the World Trade Organization (WTO) to impose across-the-board tariffs. Article 12 of the WTO permits nations to impose tariffs to eliminate a persistent trade deficit (but not to get a trade surplus).

FORCED PRIVATIZATION OF TRANSIT AND OTHER PUBLIC SERVICES BY THE WORLD TRADE ORGANIZATION

In the next step in world trade negotiations, foreign governments are proposing that we open up state, local and federal government services to bidding by private companies from anywhere in the world. On the table are mass transit, water and power services and airport security screening, among others. A U.S. trade agreement to this effect would supercede the power of Congress or the Courts to prevent it. Not only would U.S. jobs be at risk, but our national security would be hostage to the lowest bidder from anywhere in the world.

PROTECT EMPLOYEE HEALTH BENEFITS

President Bush’s Tax Reform Panel has recommended eliminating tax deductibility for employee health benefits. The huge added expense would lead most American companies to terminate their health plans. This would please right-wing ideologues in the Administration and Congress who want to see everyone and everything subject to the marketplace. But it would devastate American workers and place additional stress on an already overburdened public health system.

IMMIGRATION: NO GUEST WORKER PROGRAMS

We recognize the many difficulties in sealing our borders while dealing with the millions of undocumented immigrants who work hard, pay taxes and learn English. What is completely unacceptable, however, is for Congress to conspire with the corporations who want to exploit immigrants as cheap labor and use them to drive down the living standards of all Americans.

While the bill continues to change, at the time of publication of this booklet it allows: a) entry to hundreds of thousands of temporary guest workers without voice or vote; b) an unlimIted number of low wage guest workers under the seasonal H(2)a visa program and over half a million low cost. hi-tech workers under the H(l)b visa program.

Health Care

HEALTHCARE FOR EVERYONE

Large numbers of Americans have no health insurance and get their health care in the Emergency Room where we pay for it through higher premiums. Our own health care coverage is under attack as employers shift more of the costs onto workers. We end up paying for it through co-pays and deductibles or in collective bargaining where it caps our pay increases. Moreover, company-sponsored health benefits put American companies at a disadvantage when competing with companies based in countries where the government provides health care.

MAKE MEDICARE/PRESCRIPTION DRUGS WORK FOR SENIORS

The Bush Medicare Drug Bill continues to be a bad plan.

1) It prohibits Medicare from negotiating the lowest possible prices from the drug companies, as the government does currently for the Veterans Administration and the military. The result is that drug prices continue to soar, while drug companies reap the benefits.

2) Retirees with private plans, like many TWU members, are vulnerable under the Bush plan. Poor people also suffer. The nonpartisan Congressional Budget Office finds that 25% of current retiree coverage will be eliminated as employers continue to drop coverage because the Bush plan encourages them to do so. Millions of poor people will be hurt because they lose Medicaid drug coverage and millions of seniors with moderate drug expenses will end up paying more in increased premiums.

3) The Bush plan not only requires you to join complex private drug plans with big (and increasing) holes in coverage , it also subsidizes HMO’s to compete with and undermine Medicare.

4) The plan is ideologically-driven, twisted out of shape in order to push people into the “free market.” not to provide the simplest, cheapest benefits. As a result, the plan is confusing, hard to understand and does not meet the required needs of those needing specific medication. Seniors are being forced to forego needed medication when their drug plan does not cover medicines the doctor prescribes.

5) The plan does not cover the needs of those who depend upon it. Special needs like transportation to and from dialysis and other specific needs were not maintained for retirees and seniors while the plan was in transition. Some of these needs are still not being met.

OCCUPATIONAL SAFETY & HEALTH FOR FLIGHT ATTENDANTS

Airline compliance with OSHA rules covering flight attendants is currently voluntary (air carriers can volunteer to be subject to some safety and health protections). Without mandated provisions from the government requiring air carriers to protect flight attendants, the program clearly puts a band aid on health and safety concerns without solving the problem. 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 he enforced for those air carriers that do not comply with OSHA. The present system of allowing air carriers to voluntarily protect the safety arid health of flight attendants is not acceptable and merely suggests that a flight attendant is not on equal standing with other U.S. workers. It is not acceptable that the government would allow airlines to arbitrarily decide whether they will com¬ply with health and safety rules for flight attendants.

FAMILY MEDICAL LEAVE ACT: ACCESSIBILITY FOR FLIGHT ATTENDANTS

The Family Medical Leave Act (FMLA) provides flexibility to workers who encounter serious health conditions of their own, their spouse. child or parent. 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 their work schedule and methods of calculating work hours. 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.

9/11 WORLD TRADE CENTER HEALTH PROGRAMS

Since the tragedy of 9/11 many workers have experience associated medical problems as a result of their efforts in cleaning up, helping etc. during and after the tragedy. 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 others adversely affected by the September 11 attacks and collapse of the World Trade Center (WTC).

At a minimum, legislation should:

• 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 on-going collection and analysis of data.
• Provide a mechanism for compensation of 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.
• Be established as a mandatory program, so that necessary funding is provided without having to appropriate funds on an annual basis.

Revenues/Taxes

Over the past six years tax cuts for the wealthy combined with cuts in government services from education to safety enforcement to emergency relief (FEMA), have created an inequality of wealth not seen in America since before the Great Depression. In order to fund essential government services we need to raise revenues without putting the burden on the middle class. Below are several ways to raise revenues without hurting hard working Americans.

TAX WEALTH AND WORK THE SAME

Billionaire investor Warren Buffett points out that he pays a lower tax rate than his secretary because of all the tax breaks accorded money made from investing. Among the income taxed at a lower rate than salaries and wages are stock market gains and stock dividends.

This reflects contempt for work in modern America. Whatever they think of wealth, no one can argue that it should be valued higher than work.

MAKE THE CORPORATIONS PAY THEIR FAIR SHARE

The contribution of corporations to federal tax revenues has dropped from 37% in the 1950’s to under 8% today. If corporations returned to paying their fare share there would be enough revenues to allow the government to provide necessary services and still give middle class Americans a tax cut.

KEEP THE ESTATE TAX

Special interests have mounted a massive campaign to repeal the Estate Tax on inherited wealth, a move that would benefit a handful of families to the tune of billions of dollars. They ignore the fact that a couple can already leave $4 million to their heirs without paying any tax.

They also hide the fact that the law currently wipes out all capital gains at the time of death (the so-called "step-up’). Thus repealing the Estate Tax would mean that not one dime in taxes would ever be paid on the billions of dollars in stock market gains for people like Bill Gates.

The same people trying to repeal the Estate Tax (calling it the “death tax”) are simultaneously proposing to cut the $255.00 death burial benefit under social security - paying for tax cuts for billionaires by taking away burial assistance from the poor. This is one small example of the pain that will result from the massive cuts in health, education and labor to pay for this tax cut.

Other Workplace Issues

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. health care 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 intimate, 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 coerce or intimidate employees. (2) establishing mediation and binding arbitration when the employer and workers cannot agree on a first contract and (3) enabling employees to form unions when a majority signs authorization cards.

THE SERVICE CONTRACT ACT: EROSION

The Service Contract Act (SCA) provides workers with wage and benefits that are found to be prevalent in the locality. Contractors and subcontractors with contracts in excess of $2500 are obligated to comply with the U.S. Department of Labor regulation. Loopholes within the regulation allow some contractors to wiggle out of present existing contracts with workers.

RANDOM DRUG TESTING IN TRANSIT

Current law authorizes the Federal Transit Administrator to reduce random testing from 50% to 25% of covered employees if the reported rate of positive tests is less than 1 .0% in the previous two years. That goal was achieved in the two most recent years with data available (2003 and 2004). But the FTA announced they will continue to require testing at the 50% level. This is costly, unnecessary and contrary to the intent of Congress as stated in the original legislation.

EQUAL TREATMENT FOR COMMERCIAL DRIVERS LICENSES (CDL’S)

In most states, drivers who receive points off their drivers’ 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. required by many TWU members as a condition of employment. The State of California has passed a resolution calling on Congress to correct this injustice.

EMPLOYMENT NON-DISCRIMINATION ACT (ENDA)

Employees should he protected from being fired based on who they are. Barring left-handed people from employment or those who drive a jeep is just as absurd as banning workers because they ate gay, lesbian or bisexual. Performance on the job should be the standard as opposed to “identity.’ However, 33 states in the U.S. allow for gay, lesbian and bisexual workers to he fired because of who they are.

The U.S. judicial system does not afford these employees the equal protection and due process for all guaranteed, in the US. Constitution.

Congress has introduced HR 2015 that would prohibit discrimination against employees on the basis of sexual orientation or gender identity. The bill is similar to the Civil Rights Act of 1964 (Title VII).

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