ATU Action Weekly Update - 12/11/06

ATU Local Leaders Call for Employee Free Choice NOW!

On December 8, 2006, leaders from 10 ATU locals marched along with hundreds of other union organizers attending the AFL-CIO Organizing Summit, in support of the Employee Free Choice Act.

The conference attendees joined thousands of other union activists in front of the U.S. Capitol, chanting "Union power on the rise.  Now's the time to organize!"  The rally was led by long-time workers' rights champion, Senator Edward Kennedy (D-MA).  Kennedy and other Members of Congress in attendance pledged their support for the Employee Free Choice Act and committed to working in the next Congress to pass the crucial workers' rights legislation.

The Employee Free Choice Act (EFCA) would strengthen protections for workers' freedom to choose by requiring employers to recognize a union after a majority of workers sign cards authorizing union representation. It also would provide for mediation and arbitration of first-contract disputes and authorize stronger penalties for violation of the law when workers seek to form a union.

What made this rally different from others over the past six years is that this time, workers are in a position to really make a change in the direction of the country.  Thanks to the hard work of ATU members and other union activists who helped elect a union-friendly House and Senate, Senator Kennedy will be the chair of the Senate Committee on Health, Education, Labor and Pensions, and Congressman George Miller (D-CA), another strong labor advocate, will chair the House Committee on Education and the Workforce.  Kennedy and Miller plan to re-introduce the EFCA when Congress convenes in January.

 

Bush Directive on Transit Security Too Little, Too Late

On December 5th, President George W. Bush issued an order to Michael Chertoff, Secretary of the U.S. Department of Homeland Security, to draft a plan to address security issues in the transportation industry, including mass transit, commuter and heavy rail, and intercity buses.

The order by Bush comes two years after Congress directed the Administration to take comprehensive steps to address transportation security risks.  "Despite repeated directives by Congress, this Administration has done nothing to protect our members or the passengers they carry from serious security threats," said ATU International President Warren George.

According to Congressman Bennie Thompson (D-MS), the incoming Chairman of the House Committee on Homeland Security, "[t]his Order will do little to address the serious vulnerabilities plaguing our nation's rail and mass transit systems.  It is just another smokescreen as this Administration continues to make plans to make plans.  The American people deserve more than just plans -- they deserve to be safe and secure."

The ATU is working with Congressman Thompson to draft legislation that will adequately fund security initiatives in the transit industry and will require that every transit employee receives the necessary training to ensure that they know how to react in an emergency situation.

 

ATU Launches Campaign for Increased Operating Assistance

Two weeks ago, ATU President Warren George sent a letter to more than 50 ATU local unions, asking for their assistance on important federal transit funding legislation.

The problem, in its simplest terms, is that operating funds are scarce. With the exception of preventive maintenance, under current federal law, transit agencies serving areas that have a population of 200,000 or more may not use their federal transit funds for operating assistance; such funds may be used only to pay for capital expenses, like the purchase of new buses or other equipment.

Therefore, despite significant growth of the federal transit program under the recently passed highway-transit bill – SAFETEA-LU – many mid-size transit agencies have been experiencing a new phenomenon – lots of new buses, but no money to operate service.

In order to address this serious situation, ATU has entered into a joint labor-management partnership which is lobbying Congress to change the law so that transit agencies may have more flexibility in the use of their federal transit funds. We have endorsed the Transit System Flexibility Protection Act of 2006, (S. 3973, H.R. 6097), which would simply allow transit systems located in areas above 200,000 in population that operate less than 100 peak fixed-route buses to use their federal transit funds for operating assistance.

President George's correspondence includes personalized letters which urge members of Congress to co-sponsor this important legislation.

If you received correspondence from President George on this issue, then your transit property would benefit from the legislation, so please take a moment to sign your congressional letters. All you have to do is sign the letters and mail them back to the ATU's International Office in the enclosed envelope. NO POSTAGE IS REQUIRED. There are currently security issues with U.S. mail at the Capitol that have delayed the flow of letters to Members of Congress. Therefore, in the interest of time, the ATU will hand deliver your letters upon receipt.

Thanks in advance for your help. Please let the ATU International know when you receive a response back from your representatives in Congress. With your signature, you can play a powerful role in the outcome of this battle, and help protect your job and the jobs of all ATU members.  Please take action today!

 

Charter Service Rulemaking Committee Holds Final Meeting

On December 7th, the Charter Bus Negotiation Rulemaking Advisory Committee (CBNRAC), a committee appointed by the Federal Transit Administration, held its final meeting in a series of negotiating sessions to make changes to current FTA regulations prohibiting transit agencies from providing charter service.

Under the current regulations, public transit agencies are prohibited from providing charter service where private bus companies are otherwise available to perform the work.  Unfortunately, the existing regulations are cumbersome and confusing - leaving many on both sides of the issues confused about what transit operators can and can't do.

The Committee was formed, at the direction of Congress, to negotiate changes in the regulations and to consider certain issues, including (1) whether there are conditions under which transit systems should be able to provide community-based transportation to local government and private non-profits agencies; (2) how the administration and enforcement of the rules can be improved; and (3) how the appeals process can be improved. 

The Committee was made up of representatives from the transit, over-the-road bus, and school bus industries, as well as the ATU.  As the representative of members on both sides of the issues, the ATU was uniquely situated on the committee to help both sides reach consensus. 

While consensus was not reached on many issues, the parties were able to agree to an expedited complaints and appeals process and limited exceptions for the provision of charter service to government officials, transit employees, and certain organizations serving transit-dependent individuals, such as the elderly and individuals with disabilities.  Consensus was not reached on the definition of charter, the number of hours that transit agencies will be able to provide charter service within the exceptions, and whether appeals will be consdiered by the FTA General Counsel or an Administrative Law Judge. 

FTA is now tasked with drafting a proposed rule that includes the issues agreed to by the committee and resolves the outstanding issues.  Once the notice of proposed rulemaking is published, the ATU and other members of the CBNRAC will only be able to comment on the issues that were not agreed to by the committee.

 

ATU to Seek Membership on FMCSA Advisory Committees

The Federal Motor Carrier Safety Administration (FMCSA) is soliciting nominations for two new advisory committees that will advise the Administrator on motor carrier safety and commercial driver's license (CDL) issues.   

The first committee is the Motor Carrier Safety Advisory Committee, which was required by the highway and transit program reauthorization bill passed in 2005 (SAFETEA-LU).  This committee will provide advice and make recommendations to the FMCSA on "the needs, objectives, plans, approaches, content, and accomplishments of the motor carrier safety programs carried out by the Administration" as well as recommendations on motor carrier safety regulations.  The Committee will consist of 20 members appointed by the Administrator.

The second committee will be a CDL Advisory Committee, which will study and address current impediments and foreseeable challenges to the CDL program's effectiveness.  The CDL Advisory Committee will be composed of 15 individuals appointed by the Secretary of Transportation.

The ATU feels that it is important that these advisory committees have strong labor represention to ensure the voice and concerns of drivers are heard.  As such, the ATU will be petitioning DOT for representation on both panels.