Reauthorization may reignite fight between FAA, controllers

Rep. Mica faces off with Democratic leadership

A bitter labor fight between air traffic controllers and the Federal Aviation Administration may be reignited this month when House members write a new FAA reauthorization bill.

Democrats on the House Transportation Committee are calling for the bill to include language requiring the FAA and the air traffic controllers' union to return to the bargaining table and settle a dispute that arose last year when the FAA imposed terms on the union.

But a Senate bill reauthorizing the FAA did not include such language, and it would be opposed by Rep. John Mica (Fla.), the ranking Republican on the House Transportation Committee, if it sought to re-open the current work rules that Mica argues were imposed under the same negotiating process used in 1998 when the sides reached an agreement. He would also oppose language that proposed back pay for controllers.

The issue could jeopardize final congressional approval of an FAA bill, a Republican committee aide said. "It would certainly be more problematic, that's for sure," said the aide, who added that President Bush has indicated to Mica he might veto an FAA bill over the issue.

The air traffic controllers have significant support from Democrats, however, and Rep. Jerry Costello (D-Ill.), chairman of the House Aviation subcommittee, signaled he intends to address the issue in the FAA bill he is helping to write. Lobbyists and congressional aides said a draft bill reauthorizing the FAA could be introduced as early as next week.

"I strongly support sending the air traffic controllers and the FAA back to the bargaining table," Costello told The Hill. He noted that last year, he introduced legislation that would have forced the parties back to the bargaining table and imposed binding arbitration on them if they were unable to work out an agreement.

Mica supports addressing the issue in the House bill, but is leaning toward language similar to the Senate's. The Senate sidestepped the controversy to a degree by only requiring the parties to go to binding arbitration in future disputes. Mica sees this language as a step in the right direction, according to a GOP aide. Mica also has been urging the sides to resolve their issues without re-opening a 1998 contract through meetings, and through the Federal Labor Relations Board.

Lobbyists working on a reauthorization bill, already complicated due to a huge lobbying fight between commercial airlines and groups representing corporate jets and general aviation, also see the labor issue as a potential firestorm.

At issue is a long-running dispute between the FAA and the National Air Traffic Controllers Association. Last summer, the FAA declared an impasse and imposed work and pay rules after talks deadlocked over the issue of pay, and Congress did not intervene during a 60-day period of review provided under U.S. law for deadlocks.

Rep. Steven LaTourette (R-Ohio) then introduced legislation that would have sent both sides back to the bargaining table. LaTourette's measure was considered under the suspension of House rules, but, in a 271-148 vote, narrowly fell short of the two-thirds majority needed.

However, the close margin has made the National Air Traffic Controllers Association hopeful that it can win a victory with Democrats holding the House majority. On last year's vote, "we got within seven votes of a two-thirds majority," noted Doug Church, a spokesman for the group. He insisted that controllers enjoy bipartisan support, evidenced by the 76 Republicans who voted for LaTourette's measure last year.

The air traffic controllers' union has been pressing the points that the labor dispute has led to a wave of retirements at the FAA and made it more difficult for the organization to hire new controllers.

In a May 24 letter to Costello and House Transportation Committee Chairman Jim Oberstar (D-Minn.), 19 House Democrats charged that FAA morale "is at the lowest level in history."

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