LEXIS-NEXIS® Congressional Universe-Document

LEXIS-NEXIS® Congressional

FEBRUARY 4, 1999, THURSDAY

SECTION: IN THE NEWS

LENGTH: 5490 words

HEADLINE: PREPARED STATEMENT OF
EDWARD WYTKIND
EXECUTIVE DIRECTOR
TRANSPORTATION TRADES DEPARTMENT, AFL-CIO
BEFORE THE HOUSE TRANSPORTATION AND INFRASTRUCTURE COMMITTE
AVIATION SUBCOMMITTEE
SUBJECT - "MEETING THE FINANCIAL NEEDS
OF AIRPORTS, THE FAA AND THE AVIATION SYSTEM"

BODY:
My name is Edward Wytkind. I am the Executive Director of the Transportation Trades Department, AFL-CIO (TTD), whose 30 affiliated unions represent several million workers employed in all areas of our nation's transportation system including several hundred thousand in the aviation industry.1 I want to first thank you, Chairman Jim Duncan (R-TN) and Ranking Member William Lipinski (D-IL), for giving us this opportunity to share our views on the financial needs of our aviation system and specifically on the safety benefits that can be derived from a long-term and consistent investment in our airports and air traffic control system.
I also want to again thank and recognize the leadership of the full Committee and this Subcommittee for their commitment and dedication to fully funding our entire transportation system and especially the hard work we all did together in the recently enacted TEA-21 legislation. There is little disagreement that this effort is paying tremendous dividends for our country, and I believe a great deal of what we learned in that process can be transferred to the deliberations on a comprehensive aviation infrastructure and safety bill.
Let me start by restating the basic premise that has already been discussed - our entire aviation system, from airports to our air traffic control operations - needs full and consistent federal investment. That is why we are here today, and I don't think there is much disagreement about that fact. But let me also state that from aviation labor's point of view, more money is not the sole answer to our aviation challenges, and it would be irresponsible to proceed down a path that ignores the other policy objectives that must be met as Congress considers the reauthorization of the Federal Aviation Administration (FAA) and the Airport Improvement Program (AIIP) in what has been billed the "Year of Aviation." In short, we must protect the interests of FAA employees, we must ensure that all federal labor standards and protections apply to airport construction and maintenance programs and we must use the reauthorization process to finally implement the safety priorities that have been identified by the unions whose members work in the aviation industry everyday. Put simply, these are the objectives of TTD and our 30 affiliated unions and we will judge any final aviation bill based on whether it meets this straight forward standard.
Our stake in this debate is clear. TTD's affiliates represent every conceivable worker in the aviation industry. For the economy the stakes are high as well. The U.S. airline and aerospace industries directly employ approximately 1.5 million Americans - most in high- wage, high-skilled jobs- that together represent more than $100 billion a year in wages. In addition, unionized workers staff our airports, build our aviation infrastructure and operate, maintain and inspect our air traffic control system.
The Needs of our Aviation System
These dedicated workers help ensure that U.S. aviation is the safest and most efficient in the world. And in a way, part of the problem we are experiencing today is that we are a product of our own success. More and more people and cargo are utilizing air travel, crowding our busy airports and putting pressures on outdated systems and technologies. The 1997 Word Development Survey found that world-wide travel will double from one billion to over two billion passengers over the next 20 years. U.S. domestic and international passenger enplanements are expected to increase by 52 percent from 1996 to 2006, and by 2008 the FAA estimates that there will be 10 million more annual aircraft operations than occurred at the end of 1997. No matter which studies you look at, it is clear that the demand for aviation services will increase as we enter the 21st century and the only question is whether we are prepared to respond to this demand. Unfortunately, today the answer is no unless Congress acts without delay. Any credible evaluation of the funding needs of our aviation system has reached the same conclusion- the current level of federal investment is insufficient to keep up with this growing demand and the technological challenges that confront our system. The National Civil Aviation Review Commission (Commission) described the situation this way:Without prompt action, the United States' aviation system is headed toward gridlock shortly after the turn of the century. If this gridlock is allowed to happen, it will result in a deterioration of aviation safety, harm the efficiency and growth of our domestic economy and hurt our position in the global marketplace. Lives may be endangered; the profitability and strength of the aviation sector could disappear; and jobs and business opportunities far beyond aviation could be forgone.
I will not repeat all of the numbers, the detailed findings of the Commission, or the numerous other studies that have looked at this issue. I will, however, say that the men and women who work for our nation's air carriers, at the airports, and in the aerospace industry know that the problem will worsen if left unchecked. Our members see this every day and their jobs, livelihoods and safety depend on this situation being addressing.
Unlocking the Trust Fund
TTD and our aviation affiliates have always believed that the federal government must fully fund and invest in our aviation system. While this is not a new position, the condition of our airports and the FAA system combined with the growing needs that I have just outlined have made it clear that the current mechanism by which aviation is funded will simply not do. TTD was proud to join Chairman Bud Shuster (R-PA), Ranking Member Tim 0berstar (D-MN) and this entire committee in the fight to ensure that money that has been deposited into the highway trust fund will be spent for transit, highway and safety programs.
We must now do the same for aviation. Every day, our employers and its customers are taxed on tickets purchased, gas consumed and cargo moved. These revenues are deposited into a fund that was set-up to meet the long-term needs of our aviation system. Essentially, the federal government made a deal with the aviation community- we will tax you for a specific reason and we will take that money and spend it responsibly to support the nation's aviation needs.
It sounds like a reasonable arrangement. The problem is that the government ensured that the industry fulfilled its part of the bargain (through taxes and other revenue collected) but to date has fallen short of meeting its end of the bargain. This is not some arcane policy argument that has no bearing on the real world. Look at any area of aviation to see the results of the current policy. Runway construction and airport expansion is placed on hold, outdated computer systems remain in use, and FAA employee hiring and training is cut while the aviation trust fund has billions of unspent dollars. The time has come for this Congress to meets its commitment to the aviation community and to finally unlock the trust funds so that the critical needs of the aviation system can be met.
Even opponents of this approach know that the logic of spending trust fund money for trust fund purposes cannot be denied any longer.

They are already switching gears by proposing to limit or zero-out the general fund contribution that aviation receives today. This proposal would turn sound public policy on its head. It has long been recognized that all Americans and the entire economy benefit from and a strong and secure aviation system. That is why Congress has wisely chosen to appropriate a general fund contribution and there is no reason to reverse course now. To say that since we are finally spending the money the aviation community has itself invested we can now skirt another aspect of our responsibility is simply engaging in the classic shell game where the players - passengers, workers, communities and businesses - lose. Our nation's airports and air traffic control system deserves better than this blatant political maneuvering. It is time to stop playing games- the aviation trust fund must be used for aviation purposes and the general fund contribution must remain in full force.
Protecting FAA Employees
Funding alone will not automatically ensure that we will continue to have the safest and most efficient aviation system in the world. There has been a lot of talk about the need to build more airports and purchase the best equipment - a position that TTD strongly supports. But to borrow a phrase from Secretary of Transportation Rodney Slater, transportation is more than about concrete, asphalt and steel - it is also about people. We can have the most up to date computers in the world, the best technology, the safest airports, but if we do not equally invest in our FAA personnel we will have solved none of our problems. Joining me today on this panel is Michael Fanfalone, President of the Professional Airways Systems Specialists (PASS), and next week the Committee will hear from the National Air Traffic Controllers Association (NATCA). These two TTD member unions can give you a detailed explanation of what their members will need to run and maintain their side of the aviation matrix.
Let me just say that TTD is committed to ensuring that any new budget treatment protects the interests of FAA employees. This means that in our rush to build more infrastructure, we cannot short-change the operations budget and the basic training and staffing that is provided in this account. I have heard some say, even those strongly supporting unlocking the trust funds, that of course FAA unions want to protect operational spending since that is where they get paid. I will not deny nor will I apologize for the fact that the leadership of NATCA and PASS is prepared to stand up and light for the economic rights of its members. Quite frankly, every interest that comes up here to talk about the virtues of transportation has some vested interest - usually financial - in the distribution of federal dollars.
But to dismiss the message that NATCA and PASS present as simple self- serving rhetoric, is to miss a valuable point that is grounded in sound public policy. Our aviation system needs people to run it. They need to be trained, supported and feel confidant about the jobs and the roles they play. We must reject any schemes to contract out the work of these valuable employees and to recognize once and for all that technical FAA work should be done by FAA employees. All TTD affiliates are dedicated to this principle, and we will make this a major policy objective as we embark on this new era of aviation funding.
I want to also add that in the reauthorization bill, this Committee must ensure that FAA workers are afforded the basic right to send outstanding labor/management issues to the Federal Service Impasses Panel (FSIP) and to have grievance complaints brought before the Merit System Protection Board (MSPB).2 This unfair situation was created by the enactment of the FY96 Department of Transportation appropriations bill which included a legislative rider that removed a number of Title 5 personnel protections normally afforded to FAA and all federal sector employees. While the Committee wisely reinstated the MSPB jurisdiction in last year's FAA bill, no action has been taken in relation to FSIP. As the Committee considers this year's FAA bill, I urge you to once again grant FAA workers the fight to bring whistleblower and other grievance matters before the MSPB. Concerning the FSIP, all we are asking for is a simple process, outside of the congressional realm, where management and labor issues of disagreement can be submitted for resolution. I do not understand why this is such a difficult concept to accomplish, and I hope we can all work together to settle this issue.
Preserving Worker Protections
Attempts to build and maintain airports without strict adherence to federal labor standards must also be rejected. Innovative financing techniques that leverage federal dollars to attract state and private money are legitimate proposals worthy of consideration, but they cannot be used as a means to avoid Davis-Bacon or other longstanding employee protection obligations which may arise as transportation infrastructure projects take on a more intermodal character. Airport construction and maintenance should be done by a skilled and experienced workforce. Prevailing wage laws are an important tool in meeting this objective and should not be discarded to meet politically motivated goals.
As this Committee is well aware, there has been a great deal of debate about the use of airport revenues and grants for expansion and enhancement projects that may stretch beyond traditional airport improvements. Included in these new projects are transit and light rail initiatives that seek to connect airports to city centers, population areas and other transportation hubs. Every effort must be made to ensure that such projects axe selected and implemented in a manner consistent with federal policies including the application of all federal labor standards.
For decades a bipartisan Congress has spoken forcefully on this issue, having affirmed basic federal labor standards in every major transportation infrastructure bill enacted since the 1950s. Most recently in TEA-21 (ISTEA reauthorization) the Congress adopted innovative finance measures supported by our organization that definitively protected the basic rights of workers. Since the first interstate highway bill the Congress has repeatedly affirmed that sound transportation and labor policy are compatible, and not conflicting, propositions.
Implementing Safety Proposals
Finally, Congress must use the FAA reauthorization process to adopt longstanding safety and security initiatives advocated by aviation labor that to date have not been acted on. With me today is John O'Brien, Director of the Engineering and Air Safety Department of the Air Line Pilots Association (ALPA), who I know is prepared to go into some detail about the safety priorities of that union and how a new budget treatment will help meet those needs. TTD strongly supports the agenda put forth by ALPA and I will touch on some of these issues and also review other top priorities of aviation labor.
I have said this many times in relation to safety, but I think it is worth repeating. Perhaps no issue is more important to aviation workers than ensuring that air travel is as safe and secure as possible. Aviation workers are in a unique position to help Congress, the Administration, and the industry identify problems and offer common sense solutions - our members work in the aircraft, at the airport and handle air traffic control everyday. We hope that you will take advantage of our collective experience and expertise and implement the proposals that we have compiled and championed for a number of years.
Whistleblower Protections
One such initiative will help workers fully participate in the drive to increase safety - the granting of whistleblower protections. Last year this Committee wisely included whistleblower legislation introduced by Representatives Sherwood Boehlert (R-NY) and James Clyburn (D-SC) in its version of the FAA bill. The Committee recognized what we have known for some time - we simply cannot have a safe aviation system unless we address the inherent problems that are created when we ask front-line workers to choose between their jobs and reporting a legitimate safety concerns. I urge this Committee to once again respond positively to this concern and include a modified version of whistleblower legislation that will soon be introduced. I should note that whistleblower protections enjoy broad support from Members on both sides of the aisle and has been endorsed by United Airlines, Northwest Airlines, the Clinton Administration, the National Civil Aviation Review Commission and the White House Commission on Aviation Safety and Security.
Unsafe Foreign Aircraft Repair Stations
Another issue we have been working on for a number of years are the problems created by a 1988 change to Federal Aviation Regulation Part 145 (FAR 145) which allows unneeded and possibly unsafe foreign aircraft repair stations to attain FAA certification.

This Committee is well aware of this issue and in fact held a very informative hearing in the 105th Congress that underscored the need to change the way we regulate and oversee foreign repair stations. It is ridiculous that a foreign station can get certified to work on a U.S. aircraft without demonstrating that it will service aircraft engaged in international travel and without meeting all the basic safety standards imposed on stations here in the U.S. The results of this misguided policy is easy to see: we have hundreds of foreign stations that are not needed, are taxing the FAA's already stretched inspection and oversight resources, and are compromising safety.
Last year, Representatives Robert Borski (D-PA), Christopher Shays (R- CT), and Phil English (R-PA), introduced the Foreign Aircraft Repair Station Safety Act (HR. 145) which would have reversed the 1988 rule changes and ensured that all stations regardless of location would meet one high standard. This common sense bill garnered 178 cosponsors and enjoyed support from a majority of the full committee. As you know, the FAA is in the process of finalizing a long-awaited rewrite of the rules governing foreign and domestic repair stations. We are hopeful that these changes will address some of the concerns that we have articulated over the past 10 years, and we reserve the right to come back and work with you to determine whether or what type of legislation is needed in the 106th Congress.
TTD is supporting a provision in the Senate bill that will set-up a panel to examine issues surrounding contract repair stations and allow the FAA to collect certain information from domestic and foreign stations. While this is not a solution to the problems created by FAR 145, it will assist policy makers in understanding the complexities of this issue and I urge the Committee to include a similar provision in its FAA reauthorization bill.
Small Airport Certification
TTD is extremely interested in ensuring that the work on small airport certification, which began with the FAA Reauthorization Act of 1996, is completed. As you recall, the 1996 bill wisely gave the FAA the authority to certify airports that service planes with 30 or fewer seats. Aviation labor unanimously supported this measure, which is consistent with the FAA's One Level of Safety program. However, the FAA has so far failed to issue regulations which are needed to set this program in motion, leaving small airport certification in essentially the same situation it was in before action was taken by Congress in 1996.
This Committee sought to address this problem by including a provision in last year's bill that would have required the FAA to issue a Notice of Proposed Rulemaking on small airport certification within 180 days. In addition, the bill established grants for airports to meet these certification requirements. TTD supported these provisions last year and we urge the Committee to accomplish the same objective in this year's bill.
Universal Access System
Another issue that was wisely included in last year's bill is the authorization for a Universal Access System, a good example of addressing issues with technology deployment. This will ensure that air carrier employees can move throughout the aviation system in a more efficient manner that does not jeopardize but in fact enhances aviation security. This is a very important issue to ALPA and TTD strongly urges the Committee to once again address this matter in this year's bill.
Traffic Alert Collision Avoidance System
As this Committee is aware, the FAA has yet to require the use of the Traffic Alert and Collision Avoidance System II (TCAS II) in aircraft flown in all-cargo operations. TCAS II is currently mandated on passenger aircraft with over 30 seats and has proven its effectiveness time and time again. Because aircraft of all sizes and purposes share our airspace it makes no sense that the burgeoning cargo segment of the aviation industry isn't required to apply TCAS II in their cockpits.
For these reasons TCAS II is being supported by virtually every pilots' union and has the strong endorsement of TTD's executive committee.3 I want to thank the Committee for attempting to address this issue in last year's bill and particularly for the hard work of Ranking Member Lipinski in bringing the issue to the forefront. We hope the Committee will pick-up where it left off last year and require the FAA to issue a rule on collision avoidance systems as soon as possible.
Airport Crash and Rescue Standards
The current FAA regulations that govern aircraft rescue and fire fighting are inadequate and do not mandate sufficient personnel levels, training or equipment to meet the growing challenges faced by fire fighters at our nation's airports. The mission of the airport fire fighter established by the FAA is also troubling. The FAA does not direct fire fighters to rescue the crew and passengers, but instead states only that they provide an escape path from a burning aircraft. The responsibility for evacuation is therefore left to the flight crews. These deficiencies in regulations are especially problematic since the vast majority of aircraft crashes take place at take-off and landing, precisely when fire and rescue teams are in the best position to respond. At a time when the FAA and aircraft manufacturers are cooperating to make the passengers' chance of survival greater than ever, it makes little sense not to invest the time and resources necessary to ensure that rescue and fire fighting personnel are prepared to meet the challenges of responding to aircraft emergencies. One of TTD's affiliates, the International Association of Fire Fighters (IAFF), represents fire fighters at airports throughout the country and has proposed draft legislation that will address this problem.4 We urge the Committee to include this language in its FAA bill so that fire fighters can be given the resources and training they need to protect passengers and crew members in the event that an accident does occur.
Carry-on Bags
A safety issue that has received a great deal of recent attention are the problems created by excessive and overweight carry-on bags. I know Ranking Member Lipinski has taken a lead on this matter and I want to thank him for his interest and activism on this issue. The problem is simple to identify - passengers are bringing too many items on board an aircraft creating a safety hazard for crew members and making it more difficult for pilots to plan for safe landings and takeoffs. Rules at individual airlines are inconsistent and used by some carriers as a competitive issue to attract passengers without regard to the safety concerns inherent in such a policy. Thousands of flight attendants, other crew members and passengers are injured every year either by bags falling from the overhead bins or in the boarding and deplaning of an aircraft.
This issue must be addressed and fortunately a straightforward solution does exist. The Association of Flight Attendants, a TTD member union, has filed a petition with the FAA asking the agency to issue a uniform rule to limit the volume of carry-on bags. Under the proposed rule, the total volume of carry-on bags that a passenger would be allowed to bring on board could not exceed 45 linear inches and could not weigh more than 6 kilograms (13.5 lbs.). In addition, airlines would be required to enforce these limits prior to boarding. Mobility and assisted devises for disabled passengers would be exempted from this limit as would approved child restraint seats. TTD's executive committee is expected to formally endorse this petition later this month and I urge the Committee to use the petition as a guide to craft a legislative solution that can be included in the FAA reauthorization bill.
Crew Member Protection
In the course of enforcing safety and security regulations, aviation crew members frequently deal with passengers that become confrontational or even violent. This is becoming a growing concern as workers cannot be expected to meet their safety obligations if they themselves are subjected to physical violence from those they are seeking to protect. In the Senate, Chairman John McCain (R-AZ) included a provision in his bill that would allow for a $10,000 fine of passengers who interfere with the duties of a crew member.

We urge this Committee to not only include similar language in its version of FAA reauthorization, but to also direct the FAA to take appropriate steps to inform passengers about the legal and safety ramifications of interfering with flight attendants or pilots who are simply trying to do their jobs.
Child Restraint Seats
As more and more people utilize our nation's aviation system, it is inevitable that more young passengers will travel by air. Unfortunately, the FAA's policy allowing a child under the age of two to be placed on a parent's lap instead of in a child restraint seat, jeopardizes the safety of our most vulnerable passengers. It is an unfortunate fact that far too many unrestrained children have been killed or injured as a result of crashes or heavy turbulence. For example, in July 1994 during the fatal crash of a USAir plane in Charlotte, North Carolina, an unrestrained infant was killed when her mother could not hold onto her on impact. The NTSB, which supports the use of child restraint seats, believes that if the child had been secured in the next seat in a restraint system, she would have survived the accident.
While the FAA is to be applauded for its recent request for additional information on this issue the fact is the agency has yet to issue any concrete proposals on child restraint seats. In the last Congress, Representatives Peter DeFazio (D-OR) and Christopher Shays (R-CT) took the lead on this issue and introduced HR. 754 - legislation which would mandate the use of child restraints for children under the age of two. Even the airline industry showed its support for the use of child restraint seats when major airlines announced a 50 percent discount fare to all children under two flying with their parents. This will make it more affordable for families flying with small children to place their child in a restraint system. We therefore urge the Committee to follow the lead of the Gore Commission, the NTSB, and transportation labor by including this proposal in the FAA bill.
Runway Safety
A number of accidents occur not in the skies above, but on our runways where survivability is statistically much more likely. We must therefore ensure that our runways are as safe as possible and equipped with the most up to date technology. ALPA has been a leader on this issue and I know that the union has had numerous discussions with the Committee on how to best address this issue. I would note that TTD joined with ALPA in supporting a legislative provision last year that would have required the FAA to start a rulemaking on ways to improve runway safety and specifically a requirement to install precision approach path indicators. We hope the Committee will work with the pilots to address these outstanding concerns.
Wildlife Hazards
A growing problem confronting passengers and flight crews is the increase of wildlife interference with aircraft that results in thousands of life-threatening incidents and hundreds of millions of dollars worth of damage. Fortunately, this hazard is largely preventable and in fact a number of airports have instituted programs that have greatly reduced this threat. However, not all airports have adopted these programs, many airlines have not taken adequate steps to address this issue and most airline pilots are not trained in wildlife avoidance procedures. It is clear that the FAA must do more to mitigate the threats that wildlife strikes. Specifically, wildlife mitigation programs and surveys must be better funded and federal agencies, including the FAA, should be encouraged to enter into a memorandum of understanding aimed at resolving areas of conflict that may arise in the effort to address this safety concern. I know that ALPA is particularly involved in trying to address this issue and we urge the Committee to examine ways it can reduce this threat as it considers the FAA bill.
Air Cabin Quality
Concern for the health of flight attendants and the public has increased as a result of various studies documenting poor cabin air quality on board commercial aircraft. As the level of fresh air has decreased in the cabin, flight attendants, other crew members and passengers are at risk of exposure to toxins and viruses. Flight attendants who routinely work in cabins with poor air quality complain of respiratory problems and other health difficulties such as dizziness, severe headaches and loss of balance. This is not only a concern for the health of airline crew members, but obviously carder employees who become sick due to poor air quality may not be able to perform their safety-sensitive duties. The Association of Flights Attendants has taken a lead on this issue and is currently examining options for how best to deal with this issue. Because of the severity of this problem and the interest that many on this Committee have demonstrated, it may be appropriate for the 106th Congress to act on this matter once a viable solution can be developed.
Airport Privatization
One area in which TTD would urge this Committee not to act is to expand on the airport privatization pilot program instituted in the 1996 reauthorization bill. As this Committee is aware,TTD expressed serious concerns about this policy experiment when this issue was debated in the last Congress. We remain concerned that in a rush to demonstrate a profit, some operators may be tempted to make decisions that are not in the best interest of overall airport safety and may jeopardize the rights of airport employees. While some may wish to allow additional public airports to be turned over to the private sector, we would recommend that the current program be fully evaluated to understand the long-term consequences of airport privatization on the entire aviation community.
Final Thoughts
This Committee and the entire Congress has an opportunity to make fundamental and positive changes to our nation's aviation system. For aviation labor our objectives are clear:
- the aviation trust fund must be unlocked to meet the critical needs of the aviation system;
- FAA employees must be given the resources -- in a fair environment -- to carry-out their safety-sensitive responsibilities and calls to contract-out these jobs must be rejected;
- federal labor standards including Davis-Bacon must apply to all airport projects including those utilizing innovative financing techniques; and
- the safety initiatives long identified by aviation unions must be implemented without further delay.
These objectives are comprehensive in nature and must be taken together. The aviation system will not improve if it is fully funded but done so in a way that jeopardizes the rights and jobs of the public and private sector workforce. In the reauthorization of ISTEA, labor worked with each one of you to ensure that our common goals were met and that a solid bill could be passed which represented sound transportation policy. We look forward to doing the same to make our aviation system safer and even more secure and the envy of the entire world.
ATTACHMENTS NOT TRANSMITTABLE
Footnotes:
1 A complete list of TTD affiliates is attached at 1. Specifically, the following aviation unions are affiliated with TTD: the Air Line Pilots Association; the Association of Flight Attendants; the International Association of Machinists and Aerospace Workers; the International Brotherhood of Teamsters; the Communications Workers of America; the National Air Traffic Controllers Association; the Professional Airways Systems Specialists; and the Transport Workers Union of America. Additionally, the International Association of Fire Fighters, also a TTD affiliate, brings an important safety perspective to this aviation legislation. 2 Attached at 2 is a policy resolution adopted at TTD's 1998 Winter Executive Committee meeting calling on Congress to reinstate the Merit System Protection Board and to have outstanding disputes submitted to the Federal Service Impasses Panel.
3 Attached at 3 is a resolution adopted at TTD's 1997 Winter Executive Committee meeting calling on the FAA to require the implementation of TCAS II in all-cargo aircraft.
4 Attached at 4.
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LOAD-DATE: February 6, 1999