Congressman Cohen Speaks on the Effect of the FAA Reauthorization Bill on District 9

Thank you, Mr. Speaker and I thank the ranking member. I rise in support of H.R. 2881, The Federal Aviation Administration Reauthorization Act of 2007, which would authorize $66 billion for federal aviation programs. This legislation would provide for the airport improvement program, for FAA facilities and equipment to accelerate the implementation of NextGen which will enable the FAA to replace and repair existing air traffic control facilities and equipment as well as to provide for the development of high priority safety-related systems.

I must say, however Mr. Speaker, that I'm extremely disappointed that this legislation includes language that would abolish 80 years of legislative and legal precedent by allowing FedEx Express workers to unionize under the National Labor Relations Act as opposed to the Railway Labor Act which has traditionally covered all airline employees. The Ninth Circuit United States District Court in California has reemphasized that and it is the law of the land. FedEx Express is the largest employer and economic driving force of the City of Memphis, which is predominantly the Ninth Congressional District, which I represent.

This provision raises as number of questions and concerns regarding the consequences of this precedent for other carrier employees and employers, and it could have been addressed during a hearing on the subject. Unfortunately, in a marked departure from T & I subcommittee’s normal practice, no hearings were held on this issue.

Mr. Speaker, I speak in opposition to the FedEx Express language, not as an opponent of worker’s rights to collective bargaining, but as an advocate of what I believe are the best economic interests of Tennessee’s Ninth Congressional District and this nation which needs a steady stream of interstate commerce, provided for through the Railway Labor Act.

However, I signed on as an original co-sponsor of this legislation because I support the vast majority of its provisions including the language added by Aviation Subcommittee Chairman Costello which provide for consumer rights, environmental and noise concerns, safety issues and flight attendant, air traffic controller, and pilot work conditions.

Mr. Speaker, I would like to thank the committee chairman and the Aviation Subcommittee chairman as well as the committee ranking members for their hard work on this bill in bringing together an effective measure that includes input from a great number of experts and stakeholders across the airline industry. The overall content of this bill is sound and I believe the few provisions of which I remain concerned will be addressed in the conference. I urge my colleagues to support this measure. Thank you Mr. Speaker and I thank the ranking member and the chair and vice chair.