Indiana AFL-CIO "E-Activist Network"
Help Barach Stop Union-Busting

 

Recent statistics released by the Bureau of Labor Statistics reveal the percentage of American workers represented by a labor union held steady last year largely due to the growth in membership of those unions representing government workers. In fact, public service workers were the only economic sector which experienced membership growth in comparison to the employment levels in their industry last year.

 

It is not surprising, then, that public sector unions have been subjected to virtually unprecedented attacks from their government bosses at both the Federal and State levels in the last two years.  At the state level, our public sector workers have had their right to collectively bargain eliminated in several states.  Indiana’s own Mitch Daniels claimed union rights were bad for Indiana’s children.  In the federal government, we’ve seen attacks on union members made in the name of “homeland security” and carried out in the legislature, in the press and at the bargaining table. 

 

Currently, the FAA has inspired labor-management acrimony not seen since the 1980s, when then President Reagan used permanent replacements to oust the union representing its employees.  Now, the FAA is attempting to unilaterally force its proposed contract terms on its employees, is spending a great deal of your taxpayer dollars bashing the union, and trying to stifle congressional debate about its actions. 

 

You can help.  Senator Barach Obama has introduced the Federal Aviation Administration Fair Labor Management Dispute Resolution Act of 2006 which would force the FAA to (1) utilize the Federal Mediation and Conciliation Service where impasse is at hand; (2) allow Congress sixty days to act on the impasse or (3) submit the impasse to binding arbitration.  But the FAA is asking its friends in Congress not to even give the bill a hearing.  Senator Obama and your brothers and sisters need your help. 

 

Sample Letter for Campaign

Subject: Help Barach stop union-busting

Dear [ Decision Maker ] ,

The skill and professionalism of America's air traffic controllers is important to the security of our nation. At no time was this more clear than in the moments just after the 9/11 attacks. In unprecedented conditions, those controllers guided 4,500 planes carrying 350,000 passengers to safe landings. They also rerouted more than 1,100 of the 4,500 flights within the first 15 minutes of the landing order--about one every second-- and cleared the skies over America within 2 1/2 hours.

But now these heroes are not being permitted to negotiate with the FAA in good faith. It is crucial we act now to their human right to collectively bargain with their employer. I urge you to support the Federal Aviation Administration Fair Labor Management Dispute Resolution Act of 2006 and help ensure it gets a hearing.

Air traffic controllers operate with no margin of error and protect the lives of thousands and thousands of Americans each day. With a substantial percentage of these controllers within reach of retirement, labor-management cooperation is essential to the safety of America's skies. But such cooperation is not possible if the FAA continues down its present course of union-busting. The American public deserves better.

Sincerely,

Campaign Launched:
February 13, 2006


Background Information

 Background: "Federal Aviation Administration Fair Labor Management Dispute Resolution Act of 2006"

S. 2201  - “Federal Aviation Administration Fair Labor Management Dispute Resolution Act of 2006”

The bill was introduced by Senator Barack Obama (D-IL), Senator Daniel Inouye (D-HI), Senator Patty Murray (D-WA), and Senator Frank Lautenberg (D-NJ) on January 26, 2006.  Senators Richard Durbin (D-IL), Ted Kennedy (D-MA), Harry Reid (D-NV), Maria Cantwell (D-WA), Dan Akaka (D-HI), Byron Dorgan (D-ND), Barbara Mikulski (D-MD), Hillary Clinton (D-NY), Tom Carper (D-DE), and John Kerry (D-MA) have co-sponsored the legislation.

Background:

  • The Federal Aviation Administration (FAA) and the National Air Traffic Controllers Association (NATCA) have been engaged in contract negotiations since July 2005.

  • Under current law, air traffic controllers have the right to negotiate a fair contract with the FAA. 

The Problem:

  • The FAA is currently seeking to circumvent real negotiations and to unilaterally impose a contract on the air traffic controllers, gutting basic principles of fairness and good faith bargaining.

  • The law, section 40122 of title 49, U.S. Code, currently says that in the event of a breakdown in negotiations – an impasse – the FAA can send the contract to Congress, providing it the opportunity to get involved.

  • If Congress chooses not to act, then the FAA believes it can unilaterally impose its last, best contract offer on its employees, thereby removing any motivation for the FAA to negotiate in good faith.

  • Increasingly, the FAA has refused to negotiate in good faith in an effort to create a false impasse.

The Solution:

S.2201, The “FAA Fair Labor Management Dispute Resolution Act of 2006”, would ensure fairness and accountability by creating a three-step process:

1)  Mediation – If the FAA does not reach agreement with the union, the parties will use the Federal Mediation and Conciliation Service (FMCS) to try and make a deal.

2)  Congressional Action – If the FMCS process does not result in an agreement, the FAA can send its contract offer to Congress, along with the union’s objections to the disputed portions of the offer. The FAA could not implement the offer unless a bill is enacted into law that specifically approves the terms of the offer.

3)  Binding Arbitration – If such a bill is not enacted within 60 days, the FAA and the union must submit their dispute to binding arbitration.

  • S.2201 proposes a small change in the law, but it would restore fairness to the current contract negotiations by ensuring that the FAA once again engages in productive, good faith negotiations instead of relying on unfair leverage to enforce its will.

What’s at Stake:

If the Administrator imposes her own conditions on air traffic controllers, it will have two negative effects on the air traffic system:

  • It will lead to an erosion of talent at the agency because retirement-eligible controllers, the FAA’s most experienced, would see the imposition as a reason to retire;

  • Recruiting replacement controllers of quality and excellence will be that much harder.

More than 7,000 air traffic controllers are expected to retire over the next nine years.  To meet the challenge of recruiting, training, and replacing these vital public safety professionals, the atmosphere of tension between the FAA and NATCA must give way to cooperation.  This dispute is adding undue stress to an already stressful workforce.

  • S. 2201, the “FAA Fair Labor Management Dispute Resolution Act of 2006”, would encourage both sides in the contract negotiations to reach an agreement and turn toward other important matters, including the future growth and safety of the U.S. air traffic system.