Railroading the Act
Labor Law Under Attack


Texas Sen. Kay Bailey Hutchinson, left, and Mississippi Sen. Trent Lott, right, are leading the effort to gut one of the nation's oldest collective bargaining laws. Both sit on the powerful Senate Commerce Committee, chaired by Arizona Senator John McCain.
 

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Mississippi Senator Trent Lott's mouth may have prompted his exit from the national stage, but unionized rail and airline employees have not heard the last of him.

With help from anti-labor lobbyists and conservative lawmakers, Lott is pushing for a rewrite of the 1926 Railway Labor Act, the landmark legislation providing bargaining rights for air and rail employees.

Lott was part of a failed effort last year to bring similar legislation to the floor of the Democratically-controlled Senate. The bill would give an arbitrator selected by the Secretary of Transportation the power to settle contract disputes.

More importantly, the right to vote on contracts, and strike if necessary, would be eliminated.

"No single change to U.S. labor law would have a greater impact on as many employees," said IAM General Vice President Robert Roach, Jr. "With nearly one million employees covered by the Railway Labor Act, this has the potential to be a sweeping setback."

With control of key House and Senate committees in Republican hands, the bill's chances are considered better than ever. A well-financed campaign to roll back the law is already underway.

The Air Transport Association (ATA), the airlines' trade group and main lobbying arm, is leading the charge. Former ATA president Carol Hallett routinely criticizes airline employee's wages as excessive while American Airlines CEO Donald Carty calls for an end to the "uncertainty" caused by employees' right to vote on labor contracts.

A second industry front group, the Communities for Economic Strength Through Aviation (CESTA), is barnstorming Capitol Hill, calling for "reform" of the 77-year old labor law in the name of everything from cheaper airfares to national security.

The group, headed by former Rep. Susan Molinari (R-NY), was formed last year with the exclusive purpose of eliminating employees' right to vote on contracts.


Proposed changes to the Railway Labor Act could strip
Northwest Airlines employees Rick Iacino, left, and Andrew
Carr, right, of their right to vote on wages, benefits and
working conditions.

U.S. Commission Says Law Works
In 1993, the Commission on the Future of Worker-Management Relations, known as the Dunlop Commission, examined U.S. labor laws, including the Railway Labor Act. After a three-year investigation, the commission concluded the law functioned as intended, giving both sides incentive to reach consensual settlements.

The process is not without flaws. For years, U.S. rail and airline unions have called for administrative changes to accelerate the process, which allows long periods of superficial bargaining and numerous countdown periods.

Not surprisingly, airline CEO's, their lobbyists and legislators do not embrace the prospect of streamlining the act. "With rare exception," said IAM President Tom Buffenbarger, "railroad and airline management take advantage of the law's loose language regarding prompt, good-faith bargaining."

Rather than support changes to improve the law's 97 percent success rate, the industry is supporting an effort to dramatically alter the law in its own favor.

"Since 1997, the National Mediation Board has resolved more than 600 disputes without strikes or service interruptions," said GVP Roach.

"This latest attempt by conservative lawmakers and some airline CEO's to 'fix' a law that is clearly not broken is nothing but a smokescreen to give management a permanent advantage at the bargaining table," said Roach.