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WASHINGTON – The Republican chairman of the House Transportation & Infrastructure Committee, Rep. John Mica of Florida, added to his anti-labor reputation July 19 by inserting language in an aviation bill aimed at pressuring Senate Democrats to overturn a National Mediation Board decision allowing more democratic representation elections among airline and rail workers.

Not to be lost here is that were the UTU tentative national rail agreement rejected, and the outcome turned over to third parties, Mica would take the lead in deciding the outcome – and it is likely he would push for a congressionally imposed settlement quite unfavorable to workers.

Mica’s latest assault on labor is in the form of legislative language to halt essential air service subsidies to states of three labor-friendly Senate Democrats — Majority Leader Harry Reid (D-Nev.), Senate Commerce Committee Chairman Jay Rockefeller (D-W.Va.), and Senate Finance Committee Chairman Max Baucus (D-Mont.).

Rockefeller told the Associated Press that the Mica action was in retaliation for Senate Democrats refusing to accept an anti-labor provision in a Federal Aviation Administration authorization bill.

Mica, who is pushing to eliminate Amtrak, slash transit funding and prevent Transportation Security Administration workers from joining a union, has been on a tear to overturn an NMB ruling that brings airline and railroad representation elections in tune with all other democratic elections.

The NMB last year ended a 75-year practice that counted those not voting in rep elections as having voted against union representation. Instead, rep elections are now determined by a majority those actually voting.

No other democratic elections count those not voting as having cast negative ballots. The NMB merely brought airline and railroad rep elections under the same rules affecting all other elections in America. Indeed, if congressional elections followed the old NMB procedure, which Mica wishes to restore, many House and Senate lawmakers would not have been elected.

Mica is piqued that the changed NMB rep-election rule could make it easier for unions to organize airline and railroad workers.

Although the Republican controlled House voted to overturn the new NMB rep-election rule as part of a reauthorization of the Federal Aviation Administration, the Senate has refused to go along.

The result has been a stalemate and a series of extensions to keep the FAA operating. In the latest extension effort, Mica inserted language eliminating essential air service to the states of the Reid, Rockefeller and Baucus, who are among the most staunch opponents of overturning the NMB ruling through legislation.

It is a game of chicken, because if the latest extension is not passed, thousands of FAA employees would be furloughed, although the nation’s air traffic control system would continue operating. The Senate has showed no sign of capitulating to Mica. 

WASHINGTON – The Republican leadership of the House Transportation & Infrastructure Committee will introduce legislation July 8 to slash Amtrak’s federal subsidy by 25 percent, prevent federal funds from being used to create additional rail passenger services unless they are high-speed projects, and cut federal transit funding by 30 percent.

Committee Chairman John Mica (R-Fla.), and Rail Subcommittee Chairman Bill Shuster (R-Pa.) have previously made known their dislike for Amtrak and intention to destroy the national intercity rail passenger network through funding cuts and privatization of Amtrak’s Northeast Corridor.

The senior Democrat on the Transportation & Infrastructure Committee, Rep. Nick Rahall of West Virginia, put the Mica/Shuster legislation in perspective: “The bill, as we have seen so far, cannot pass the [Democratic-controlled Senate].”

Opposition to the bill also is being voiced by the U.S. Chamber of Commerce, which has joined with the AFL-CIO to lobby against it. The UTU’s National Legislative Office already is working with members in the House and Senate against Amtrak and transit funding cuts.

Amtrak funding has previously and regularly been in the crosshairs of its detractors, and another tough fight is brewing. On Amtrak’s — and transit’s — side are tens of millions of Americans who continue to make clear to their elected congressional lawmakers that they want more, not less, rail passenger and transit service.

The proposed cuts for Amtrak and transit are contained in a six-year bill entitled, “The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, or SAFETEA-LU.” Senate Democratic leaders are pushing for a two-year bill that would be more generous toward Amtrak and transit – although at lower spending levels than sought by the Obama administration.

The House bill would also extend the deadline beyond 2015 for implementation of positive train control (PTC).

The bill also would remove a federal requirement that states use Highway Trust Fund revenue for non-highway transportation purposes, such as mass transit; but would allow states to make such decisions unilaterally.

There are, however, provisions in the House bill that have been sought by the UTU – and those provisions are expected to survive. They include:

  • Increasing a low-interest loan program for state transportation projects.
  • Encouraging states to create and capitalize state infrastructure banks to provide loans for transportation projects.
  • Improving transit options for the elderly and disabled.
  • Insulating motor carrier safety programs from any spending cuts.
  • Requiring federal regulators to keep unsafe buses off the road.
  • Improving access to the Railroad Rehabilitation and Improvement Financing (RRIF) program; and making high-speed rail projects eligible for RRIF loans.
  • Strengthening the rail transit safety oversight program.
  • Establishing annual inspection programs for buses.
  • Requiring regulations to establish minimum training requirements for commercial drivers.

ORLANDO, Fla. — House Transportation & Infrastructure Committee Chairman John Mica (R-Fla.) wants to privatize Amtrak’s Northeast Corridor, which is seen by critics as a first step toward destroying Amtrak.

In his home state, Mica opposed using state funds for a now-mothballed high-speed rail project to link Tampa and Orlando.

Yet Mica is actively supporting state financing for construction of a $1.2 billion, 61-mile Orlando commuter rail project – SunRail — that, according to The New York Times, is ranked by the federal government “as one of the least cost-effective mass transit efforts in the nation.” Florida taxpayers could pay some $640 million of the project’s costs, says The New York Times.

SunRail would link suburban communities, requiring riders to use a bus at origin and destination.

Says The New York Times, “[S]keptics question whether Mr. Mica’s real goal is to give a taxpayer-financed gift to CSX, the freight rail giant and a generous Mica campaign donor, which would get $432 million for its tracks and for upgrades to tracks it owns elsewhere in the state.”

The newspaper quotes Republican FlorIda State Senator Paula Dockery that Mica’s “dedication to SunRail is not for mass transit — it is for helping CSX to get government funds for its private freight lines.”

Florida’s Republican governor, Rick Scott, froze state four contracts involving SunRail, says The New York Times.

WASHINGTON – Legislation to privatize Amtrak’s Northeast Corridor, as a first step toward destruction of Amtrak, will almost certainly be dead-on-arrival in the Democratic-controlled Senate, and will face a tough challenge in the Republican-controlled House; but the authors of the bill – House Transportation & Infrastructure Committee Chairman John Mica (R-Fla.) and House Rail Subcommittee Chairman Bill Shuster (R-Pa.) – continue to press ahead.

And beyond the slim likelihood this legislation might pass both the House and Senate, it is highly unlikely to survive a judicial challenge.

According to the senior Democrat on the House Transportation & Infrastructure Committee, Rep. Nick Rahall of West Virginia, the bipartisan Congressional Research Service reported to him that the Mica/Shuster proposal is probably unconstitutional.

The Mica/Shuster bill violates the Appointments Clause and the Takings Clause of the Constitution, Rahall said in referencing the information he obtained from the Congressional Research Service.

The Transportation Trades Department of the AFL-CIO warned that the Mica/Shuster proposal would cancel labor agreements covering all of Amtrak’s unionized workers, and eliminate coverage under the Railway Labor Act and the Railroad Retirement Act.

Sen. Frank Lautenberg (D-N.J.) previously said the Mica/Shuster bill has “no legs” in the Senate. Nonetheless, said a UTU official, “The legislation remains a rat hole worth watching, and our National Legislative Office will work diligently toward its defeat.”

WASHINGTON — An assault on the future of Amtrak and its employees was launched June 15 by the chairman of the House Transportation & Infrastructure Committee, Rep. John Mica (R-Fla.), and the chairman of the House Rail Subcommittee, Bill Shuster (R-Pa.)

The UTU and other rail labor organizations are gearing to fight this effort to privatize the Northeast Corridor, which would be the first step toward eliminating Amtrak on the Northeast Corridor as well as its long-distance passenger trains outside the Northeast Corridor. The proposal likely would destroy America’s national rail passenger network.

Mica and Shuster said they will introduce legislation to strip from Amtrak its ownership of the Northeast Corridor – linking Washington, D.C., Baltimore, Philadelphia, New York and Boston – and look to unnamed private operators to bid on operating high-speed passenger trains on the 437-mile long corridor.

Destruction of Amtrak could cause a crushing financial blow to the Railroad Retirement system if private operators were permitted to place their employees under coverage of Social Security rather than Railroad Retirement.

“I think we can make the service even better and reduce subsidization,” Mica said. “The whole concept of this is attracting private capital.” He opposes an Amtrak plan to operate 220-mph trains over the corridor in the future, saying so-far unnamed private operators could provide better service at a much reduced cost to taxpayers.

Amtrak President Joseph Boardman responded, “The Mica/Shuster proposal takes Amtrak apart only to put something in its place that looks quite similar.

“The Northeast Corridor is not just a piece of real estate,” Boardman said. “It is a major transportation artery and a vital component of the regional economy, carrying more than 250,000 intercity and commuter passengers every day. Amtrak provides the region the best opportunity to achieve the needed improvements. The Northeast Corridor is a success under Amtrak stewardship and many components of our next-generation high-speed rail vision plan are already moving forward.

“We don’t want to run the risk of adopting something that won’t work, that compromises safety, or that simply costs more than we can afford,” Boardman said. “The last thing the Northeast needs is a plan that’s poorly thought through and that doesn’t take key issues into account.”

Boardman recently told a rail labor group that privatization of British Rail has not been a success and increased costs.

Former Amtrak President David Gunn was blunt in a statement he made about British Rail privatization when Gunn ran Amtrak: “Since privatization [of British Rail], the system has had more accidents and delays.” And former Amtrak President Tom Downs, when he ran Amtrak, called privatization of British Rail “a disaster … They have multiple rail companies and fares, and trouble even issuing a national ticket.”

The conservative Economist magazine reported in 2005, “The privatization of British Rail has proved a disastrous failure … a catalogue of political cynicism, managerial incompetence and financial opportunism. It has cost taxpayers billions of pounds and brought rail travelers countless hours of delay.”     

In responding to the Mica/Shuster proposal, Transportation Secretary Ray LaHood said, “Amtrak is the entity most capable of taking the next steps to modernize rail service in the Northeast Corridor.”

The Mica/Shuster proposal, which likely will have support of the House Republican majority, will face tough opposition in the Democratic-controlled Senate.

Sen. Frank Lautenberg (D-N.J.), said June 15, “I will fight in the Senate to stop any plan that threatens Amtrak and commuters on the Northeast Corridor.”

Sen. Robert Menendez (D-N.J.), said the Mica/Shuster proposal “makes as much sense as privatizing Medicare or Social Security. In other words, no sense at all.”

Senate Republicans also are likely to oppose the Mica/Shuster proposal. The current ranking Republican on the Democratic-controlled Senate Commerce Committee, Kay Bailey Hutchison of Texas, told The Washington Post some years ago, “There will be a national system or there won’t be an Amtrak at all.”

In fact, in passing the Passenger Rail Investment and Improvement Act of 2008, a bipartisan congressional majority said, “It is the sense of the Congress that long-distance passenger rail is a vital and necessary part of our national transportation system and economy; and Amtrak should maintain a national passenger rail system.”

Rep. Nick Rahall of West Virginia, the senior Democrat on the House Transportation & Infrastructure Committee, said of the Mica/Shuster proposal, “They want to hand over the conductor’s cap to the same folks who ran the stock market off a cliff. Privatizing passenger rail in the Northeast Corridor will not merely affect train service in that region; it will have a crippling domino effect on train service from sea to shining sea.

“Because of its national scope, Amtrak is able to invest profits from [its profitable Acela service on] the Northeast Corridor to offset less profitable long-distance lines in other parts of the country,” Rahall said. “Two years ago, the U.S. Department of Transportation invited proposals from private companies to develop high-speed rail in the United States. Not one single proposal was submitted by the private sector for developing high-speed rail in the Northeast Corridor. Not a one.

“We ought to be looking at ways to help Amtrak achieve the goal of high-speed rail; not looking at ways to dismantle it,” Rahall said.