April 1, 2011 Newsletter

House Republicans Vote to Gut Safety, Bust Unions with Passage of FAA Reauthorization

With the final vote now completed on the House of Representatives version of the FAA Reauthorization bill, yet another clear signal has been sent that the Republican majority shows no interest in workplace safety and even less in basic employee rights.

In the vote today the House passed the Shuster amendment, specifically designed to block the attempts to improve airline safety by requiring more stringent rules on flight time / duty time and minimum rest requirements for all pilots. Additionally they kept language proposed by John Mica (R-FL) that was favored by airlines that makes it tougher for employees to be represented by unions.

“Let’s be clear about these amendments,” said Airline Division Director David Bourne. “The Shuster amendment is designed to do one thing; to force pilots to fly more hours and with less rest. The safety of the travelling public and people on the ground means nothing. The deaths of the passengers of Colgan 3407 mean nothing. Putting our American soldiers, sailors, airmen and marines on commercial flights with crews that may not have had adequate rest before flying means nothing. This is about big business contributors calling the shots and about making money, plain and simple.”

Kevin Kuwik, a representative for the families of Flight 3407 has said the measure would make it impossible for the FAA to write safety rules in the time frame called for in the bill passed in 2010. According to public records, since being elected in 2002 Shuster (R-PA) has gotten $115,750 in campaign money from airline industry lobbying groups, of which $18,500 came in for his 2010 re-election.

“This fight isn’t over,” said Bourne. “We will continue the battle in the conference committee to have these resolved. We owe it to our members, to the travelling public and most of all; we owe it to the families of Colgan 3407.”

Unacceptable Language in FAA Bill May Force Veto by White House

The Obama administration has made it clear that the President may veto the final FAA bill if it comes to his desk with unacceptable funding cuts or attempts to change the way unionization issues are handled. Republicans are seeking $4 billion in funding cuts that would seriously hamper the long delayed efforts of upgrading the U.S. air traffic control system. Additionally, they seek to stop changes in flight time and duty time requirements for flight crews brought about by the changes demanded after the crash of Colgan 3407, which killed all on board.

In commenting on the Republicans contention that the National Mediation Board exceeded its authority in changing how votes are counted in union elections, a statement released by the White House noted that, "The administration is committed to help working Americans exercise their right to organize under a fair and free process." Senate Majority Leader Harry Reid (NV) has already signaled that the union busting language is a non starter.

“It is unconscionable to see the Republican House majority continue to push every effort at union busting at the insistence of their corporate masters,” said Airline Division Director David Bourne. “A tremendous amount of credit is due to General President Hoffa for his leadership in this matter and for keeping the concerns and the futures of our membership and all of organized labor uppermost in the mind of President Obama and his administration,” he concluded.

Fast Response by Teamster Pilots Caused Congressman to Rethink Amendment

When information became available late last week that Congressman Don Young (R-AK), intended to reintroduce the language of the “Inhofe Amendment,” that would create a substandard level of safety for some airline flight crews by forcing them to fly more hours with less rest, Teamster pilots and flight engineers rose to the challenge.

Crewmembers from Atlas Air and Polar Air Cargo, who are based in Alaska, immediately began sending letters, emails and took time to visit the Alaska offices of the Congressman to voice their opposition to his plan to reduce safety margins for airline pilots. Thanks to fast communication from their Executive Council, they were joined by their fellow crewmembers from across the nation who also contacted their representatives, voicing opposition to Young’s plan to create a substandard level of safety. In light of the outcry from his constituents, the congressman decided against bringing up his amendment.

“This is a perfect example of what happens when Teamsters stand together,” said Airline Division Director David Bourne. “Despite the Shuster amendment being included in the final bill, when we received information that was time critical about the Young amendment, we got it to our members and they responded. They should be very proud of what they accomplished.”

Sleight of Hand, Big Business Kill Attempts to Save Lives and Make Airliners Safer

Political sleight of hand killed off two attempts to make airlines safer. An amendment offered by Congresswoman Hirono (HI) called for the establishment of “…an Aviation Rulemaking Committee (ARC) to study and provide regulatory recommendations to the Federal Aviation Administrator to ensure that all certified aircraft is properly equipped with technology that maintains pilot visibility when dense, continuous smoke is present in the cockpit.”

A vote was called on the floor of Congress on whether or not to accept the amendment; it failed on a voice vote. When the Congresswoman requested a roll call vote, as is procedure, the Acting Speaker of the House declared there was not a quorum, killing the process despite the fact that a quorum existed.

“The cost of installing these systems is inconsequential when measured against the loss of an aircraft, its crew, the cargo and even more so, unsuspecting people on the ground under the aircraft flight path,” said Airline Division Director David Bourne. As an airline pilot, I can unequivocally state that there is no bigger danger than an inflight fire. The inability to see flight instruments and controls due to smoke makes it an impossible event. You can’t just open a window to see. We understand the Republican leadership’s intent to serve their business interests at all costs, yet we are left to wonder at what point the lives of  those onboard and the public matter.”

In light of the Acting Speakers action on the amendment offered by Congresswoman Hirono, Congressman Bob Filner (CA) retracted his amendment, which called for a ban on shipping of lithium batteries until safer shipping packaging was developed and also called for the installation of EVAS systems for pilots as well.

A major factor in killing the amendments was a push by the National Association of Manufacturers, who mounted a major lobbying effort to block the safety efforts. In a statement released by the NAM, they said, “While transportation safety is our first priority, imposing costly and unnecessary regulations that will only marginalize America’s global competitiveness is not the answer. Congressman Filner (D-CA) has offered an amendment to the Federal Aviation Administration (FAA) reauthorization bill that would effectively ban air shipments of all lithium batteries and products. This proposal is excessive and will have considerable unintended consequences.”

Upon hearing of the statement by the NAM, Airline Division Director David Bourne said, “It is apparent that the NAM and the Republican leadership are focused on one issue; corporate profits. The threat posed by lithium batteries is not a speculative matter; lithium batteries have caused inflight fires and the results have been catastrophic. UPS tragically lost an airplane and its crew last year in Dubai. The inflight fire onboard UPS flight 1307 in 2006 where the aircraft could well have crashed into the Philadelphia suburbs was caused by lithium batteries. Only the skill of that crew saved countless lives on the ground. We have seen it happen on both passenger and cargo airliners before. The NTSB brought this issue up in 2006; yet again today we see big business and profit taking precedent over lives. It is apparent that the lives of a few cargo pilots and people on the ground are simply a cost of doing business to the NAM.”

“On behalf of the Airline Division and the flight crew members we represent, and indeed all pilots, I would like to publicly thank Congresswoman Hirono and Congressman Filner for introducing and fighting for these amendments that would have made our pilots lives safer. Their attempts to increase safety and bring important issues to light stand in stark contrast to the current House leadership that is solely focused on stripping worker rights and safety in the workplace in favor of corporate profits,” he concluded.

Discounted Workers Compensation Representation Now Available To Members

The Teamsters Airline Division is happy to announce that it has secured access to a Workers Compensation Benefits Program available to all members and their families.  This program is administered by Barkan Meizlish, LLP, which provides high-quality, legal representation in workers’ compensation cases across the country.  Under this program, all Teamsters and their family members automatically qualify for discounted workers compensation legal services.

As part of a nationwide network of workers compensation attorneys, Barkan Meizlish either represents employees directly in their workers compensation cases, or coordinates with attorneys in an employee’s area to ensure that the same high-quality, legal representation is provided.  Discounted legal services rates apply regardless of your place of residence, craft and occupation, or whether your case is handled directly by Barkan Meizlish or in coordination with local counsel. 

This Program is particularly important for Pilots, Flight Attendants, and Mechanics performing field service, who like ground transportation employees are often faced with complex decisions about where to file a claim given that their residence, base and location of injury may all be in different states. Rules regarding statutes of limitations, caps on benefits and access to medical care vary from state to state. In some states, compensation may be sought for the loss of earnings, prescriptions, medical fees, therapy, care and assistance for household chores, traveling expenses, adapted transportation and vocational assistance.

Barkan Meizlish can provide guidance about where to file a claim so the injured worker can focus on recovery, rather than becoming involved in a lengthy quest to determine which state offers the best benefits.

Teamsters and their family members who experience a work related injury or sickness can contact a Barkan Meizlish attorney by calling 1-800-274-5297 or by visiting www.barkanmeizlish.com.