Updated 9-22-03

I missed the mark on getting an update out last week.  I was on the road as part of the independent operational testing and evaluation team for the new ASR-11 radar system.  Although that doesn’t qualify as legislative news per se, I can guarantee you that there are congressional pressures involved with this or any other systems due to the usual over-rosy reports the FAA gives congress thus affecting their expectations, powerful corporate lobbyists and end of the year appropriations concerns.  Oh yea and somewhere down the list is if a new piece of equipment will actually work for us as advertised. This agency does not operate in a vacuum and I am constantly reminded, for better or worse, that Congress is our boss.  All of our equipment, all of our benefits, job conditions etc. are at their leisure and sometimes whim.  It is vitally important that this Union and its membership ensure that the legislative side is taken care of lest we watch our current and future job conditions crumble.

This week I helped in conducting legislative training in Phoenix.  John Carr, Christine Corcoran (of NATCA’s Political and Legislative Affairs dept.) and the National Legislative Committee trained and briefed around 50 NATCA activists.  Copies of the presentations are available and some of them will be placed on the regional NATCA site.  Streaming video of much of the training should be available on the national site soon. John Tune was also there as a gracious host for the Central Region contingent during our off time.  Alas, he was attached to his computer and cell phone with Union business during most of the training and I fear the umbilical connection to these items is beyond even surgical repair.  It’s not easy being an RVP and it is just that much more workload intensive during these challenging times for our Union.

Quite a lot is happening in Congress now that can affect us.  Much of what the union is doing is proprietary strategy and I am not at will to discuss it.  You might want to read John Carr’s and Ruth Marlin’s updates also, but I can safely say there will be some interesting occurrences in the next couple of weeks. 

Privatization

As you recall both the House and the Senate overwhelmingly voted for versions of FAA Reauthorization (Flight 100) that included a complete ban on any further contracting out or privatization of FAA air traffic control functions.  Then under immense pressure from the Bush administration, the conference committee leadership not only struck this agreed to language but inserted new language that is not friendly to us.  Most of the Democrats and many of the Republican rank and file members apparently do not like their will being abrogated by a few members under bullying from the White House.  The bill is in deep trouble because of this and a few other provisions.  “Defections” from the party ranks include the Republican chairman of the appropriations committee. 

Our opponents are scrambling to salvage this.  Dire predictions of furloughs and interrupted are being made by the White House, the Republican leadership and even the FAA administrator (who has been talking out of both sides of her mouth on this issue from the beginning).  A “kangaroo court” hearing was scheduled for last week with the administrator, the DOT IG and even PATCO to testify in favor of contracting out.  Hurricane Isabel delayed this to Sept 24th. IG Ken Meade’s report is to be bandied about with its statements on efficiency, cost savings and general love fest with contracting.  His report contains numerous factually incorrect statements and figures.  As any good pollster or statistician can tell you, numbers can be massaged to support just about any conclusion you whish to claim but the figures in this report are so blatantly and excessively cooked that any real examination shows them for the politically motivated mudslinging that they are.  But a real examination is difficult in a sound bite and our representation at this hearing (probably John Carr) will be on the second panel after the press has packed up.  This hearing is meant to provide cover for those Republicans who have already gone on record and/or voted in our favor to switch their position.

In our favor, a “clean bill” of flight 100 has been introduced.  This is a version of the bill as is except with the language from the Lautenberg amendment reinserted.  Congress could vote on this thus averting the so-called funding and furlough crisis some are claiming.  In reality, the leadership will never allow this to the floor but it does strip them of their “I know it’s not perfect but we have no time left to change it” argument.  Congressman Quinn of NY is getting signatures from his Republican colleagues on a letter stating their opposition to this bill and ATC privatization.  Our ad campaign has had some success but we need you to call 1-866-I-FLY-SAFE and give your opinion.  This gives them cover to support us since their constituents are the ultimate influence on their actions.  Even if you have called already, please call again as the targeted representative from your area may have been changed as this progresses.

The above paragraphs are an extremely general and incomplete “cliff notes” version of what is happening.  Available space and confidentiality prevent me from going in to more detail.  Keep your ears open during the next couple of weeks for some surprises. 

Other Activity

The House has approved a 4.1 percent pay raise for federal civilian employees and killed new rules designed to speed Bush administration efforts to require federal workers to compete with the private sector for their jobs.

The proposed raise, included in the $89.3 billion Transportation/Treasury appropriations bill the House approved 381 to 39, rejects a two-tiered plan by President Bush that would give an increase of 4.1 percent to the military but 2 percent to civilian employees. Lawmakers argued that Congress should uphold the tradition of "pay parity" and grant equivalent increases in base pay to the military and the civil service.

Although Bush officials opposed the higher pay raise, it was the changes to the president's "competitive sourcing" initiative that drew a veto threat even before the bill's passage.

Bush believes requiring federal workers to compete for their jobs promotes efficiency, even if the positions stay in-house. Critics, including employee unions and many Democrats, say the president merely wants to farm out jobs to reward his business allies.

The changes to his program came in an amendment by Rep. Chris Van Hollen (D-Md.) that passed 220 to 198. It would require federal agencies funded by the House bill to toss out newly revised Office of Management and Budget regulations governing competitions between federal and private workers, and return to an older set of rules. The Senate bill does not contain similar language, but federal employee union officials said they would work to get it in.

The new OMB rules, approved in May and known as Circular A-76, "tilted the playing field very much in favor of privatization and against federal employees," Van Hollen said in an interview after the vote. He said the government needs to "go back and review the A-76 provisions and come up with a system that's balanced and fair."

Next Week

The House FAA appropriations bill is rife with unfriendly language, much of which I have listed in previous updates.  I will list a few more gems from this including attacks on our sick leave usage.  The Senate Appropriations bill contains no hostile language and we will be working for conference to use this version.  Please call 1-866-I-FLY-SAFE and call or email me if you have any questions.

Grant