ATU Action Weekly Update

The ATU will be conducting a random poll of ATU members throughout the U.S. this week to determine who our members support for U.S. President in the 2008 elections. Once the results are in, the ATU will make a decision about whether or not (and which candidate) to endorse in the presidential primary.

"If you get a call from the ATU this week, please take the time to offer your opinion about the Presidential election," urged International President Warren S. George, "Your opinion matters to us."

The ATU encourages all of its members to educate themselves about the candidates and where they stand on the issues important to transit workers and all working Americans. For additional information, please check out the AFL-CIO's Working Families Vote 2008 Forum.

While the U.S. Presidential election is over a year away, voter across the country will go to the polls tomorrow to vote on various state and local races and ballot initiatives. Working families in Virginia, New Jersey, and Kentucky have been working especially hard these past few weeks in an effort to turn out the vote for worker-friendly candidates in those states.

In Kentucky, union members have an opportunity tomorrow to defeat an anti-worker Governor and replace him with Steve Beshear, who is a true friend to Kentucky's union members. In New Jersey, workers are seeking to elect more of their fellow union Brothers and Sisters to state and local offices. And in Virginia, workers have an opportunity to elect a worker-friendly majority to the State Senate.

ATU members have been part of the AFL-CIO's Labor 2007 efforts in these states, as well as in Washington State, where voters will vote on a ballot initiative that could provide additional funding for mass transit. Passage of Proposition 1, the Roads and Transit initiaitive in King, Snohomish, and Pierce Counties in Washington, will result in increased bus service in those counties and will expand the light rail from its existing 14 miles to over 50 miles, resulting in more jobs for ATU members.

Responding to a refusal by the Federal Motor Carrier Safety Administration (FMCSA) to revoke the operating authority for intercity bus operators who refuse to comply with the Americans with Disabilities Act (ADA), the bipartisan leadership on the House Transportation and Infrastructure Committee last week introduced H.R. 3985, the Over-the-Road Bus Transportation Accessibility Act of 2007.

The bill was introduced on Monday, October 29, by Highways and Transit Subcommittee Chairman Peter DeFazio (D-OR), along with the full committee Chairman Jim Oberstar (D-MN) and Ranking Members John Mica (R-FL) and John Duncan (R-TN). The bill was unanimously passed out of the full committee on Wednesday, October 31.

If enacted, the bill would require FMCSA to investigate ADA complaints and to revoke operating authority from a carrier who violates the ADA rules. Similarly, FMCSA can refuse to grant operating authority to a carrier who is not in compliance with the ADA.

The ATU asked the Committee to introduce this legislation as a way of cracking down on blatant violations of the ADA rules by curbside bus operators. Numerous fringe bus companies, operating primarily in the Northeast corridor of the U.S., have been operating in violation of the ADA and other rules governing intercity bus operations - resulting in unfair competition to more legitimate bus companies like Greyhound and Peter Pan.

The ATU will continue to work to pass this legislation before Congress adjourns for the year.

At a hearing before the House Transportation and Infrastructure Committee last week, government officials, labor representatives and substance abuse professionals testified about problems and vulnerabilities in the Department of Transportation's drug testing program.

The hearing primarily focused on problems with testing facilities, such as failures by the facilities to follow proper procedures, including securing all sources of water in restrooms, asking employees to empty their pockets prior to testing, and securing the testing area from all substances which could be used to adulterate or dilute a testing specimen.

The witnesses also addressed concerns about the prevalence of materials, products and information available on the internet and elsewhere, which can be used by an employee to defraud a drug test. Some witnesses maintained that there should be more direct observation of employees during the testing process and others advocated for a National Clearinghouse for positive drug testing results.

The ATU has urged the committee to focus any legislative efforts on improving the testing process and the testing facilities, and even banning products designed to interfere with the testing process, instead of focusing legislation on expanding the direct observation process or other proposals that would violate the privacy of ATU members. The ATU will actively monitor any proposed legislation and ensure that the interests and privacy of ATU members are protected.

International President Warren S. George last Friday strongly criticized the Department of Homeland Security for missing a November 1 deadline to issue security training regulations for transit workers as required by the 9/11 Commission Recommendations Act.

For more than six years, the Amalgamated Transit Union has been fighting for mandatory security and emergency response training for transit workers. When the new legislation was passed three months ago, it appeared that the ATU's members would finally receive the security training that they need to ensure the safety of their passengers.

Apparently, DHS has ignored the deadline Congress set to establish guidelines for the program.

"It is simply irresponsible," declared George, who insisted, "America's transit workers and passengers deserve better." As of this morning there has been no indication that DHS has even begun the process of developing the overdue guidelines. The law also directs DHS to consult with transit labor representatives in the development of the program.

"As the largest union representing transit workers in the United States, I would expect DHS to consult with us in this process," said George. "We have not been contacted, and to my knowledge, no other transit labor unions have been contacted either."

For further information on this, go to: Transit Security Provisions of H.R. 1.

© 2006 Amalgamated Transit Union