NEWARK, N.J. – Today U.S. Sen. Frank R. Lautenberg (D-NJ) announced bipartisan legislation to make air travel safer by changing ineffective FAA work rules to help retain and attract air traffic controllers and other aviation safety professionals.

    This legislation comes at a crucial time, as the number of experienced professional controllers has reached its lowest point in a decade.  Many of the controllers who remain on the job work six-day weeks, which leads to fatigue, a major safety concern for the busy air traffic control system.

    “The Bush Administration’s disregard of FAA workers’ rights has put the safety of our aviation system at risk.  The Administration’s heavy-handed tactics have forced experienced air traffic controllers out the door in record numbers.  It’s time we treat these workers with the respect they deserve,” Sen. Lautenberg said.  “By giving all FAA employees fair labor rights, we can recruit and retain the number of safety professionals our air travel system needs to run smoothly and safely.”

    In 2006, the FAA unilaterally imposed work rules on air traffic controllers that cut pay by up to thirty percent.  As a reaction to the new rules and lower pay, many controllers left the FAA, either by retiring or quitting.  From April 2004 to April 2008, the number of fully certified controllers dropped by 1,364, or 11 percent, according to the Department of Transportation Inspector General (IG).  In addition, the IG reported that retirements were three times as high as the FAA predicted in the first month after the FAA’s unilaterally imposed work rules took effect.

    The FAA’s work rules added to the agency’s staffing problems by leaving too few experienced controllers to work the nation’s towers.  In December 2007, the Government Accountability Office (GAO) found many controllers were working longer hours, causing concern over fatigue and safety.  For example, more than half of the controllers were working regular six-day weeks at the nation’s busiest airport.

    Lautenberg’s new bill, The Federal Aviation Administration Employee Retention Act of 2008, would help the nation’s air traffic controllers by allowing them a voice in their pay and working conditions and preventing them from being shut out at the bargaining table.  The legislation does not favor either workers or management, but rather requires both sides to submit to binding arbitration if they cannot agree on a new contract.  Senator James Inhofe (R – OK) is the bill’s lead cosponsor.

    Specifically, the Act would:

        •    Reverse 2006 work rules and pay rates imposed unilaterally by the Bush Administration officials at the FAA; previously-agreed to rates and terms would apply until new ones could be agreed to through the collective bargaining process;

        •    Set a 45-day deadline for the two sides to reach agreement (all outstanding disputes not resolved through mediation would be sent to binding arbitration); and

        •    Require negotiations for any future collective bargaining agreements to undergo the same process (mediation, then binding arbitration).

    The Act would also provide full collective bargaining rights for all affected FAA employees.  For example, collective bargaining negotiations for some aviation safety inspectors have been at impasse for over five years.

    Patrick Forrey, President of the National Air Traffic Controllers Association (NATCA), said, “Our aviation system is in disarray.  The FAA's unilateral imposition of work and pay rules has forced our veteran air traffic controllers into retiring earlier than they had planned, depleting the human infrastructure that once made the U.S. aviation system the envy of the world.  The flying public is paying the price for the FAA’s mismanagement with record breaking delays, and we are concerned with the growing number of runway incursions and near mid-air collisions happening in the system.  Passage of this bill will provide the incentive for controllers to remain on the boards so that the safety of the flying public can be restored.”

    Lautenberg has long been concerned about FAA’s treatment of its workers, which is one of the reasons he and Sen. Robert Menendez (D-NJ) blocked the nomination of President Bush’s nominee for FAA Administrator, Robert Sturgell.  In hearings and correspondence, Sturgell has shown an unwillingness to change Bush Administration policies harmful to employees and safety, such as failing to negotiate over pay and working conditions.

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