Contracting

Another ATC Company after your job.  LIBERATE ATC OPERATIONS, URGES CANSO Flight International.  All air traffic control services must be liberated from direct governmental control, says the Geneva-based Civil Air Navigation Services Organization (CANSO), which represents the world's 20 autonomous air traffic services (ATS) providers.  CANSO believes the alternative is that the world's air navigation services will die through lack of investment. CANSO's preferred solution to ATS independence is corporatisation, which can vary for each organization but must include "moving into a business environment, allowing them to become financially self-sufficient and able to fund their own infrastructure investment requirements by borrowing money".  As a result of discussions between the National Legislative Committee, Ruth Marlin and the Vice President's office, Vice President Gore has stated his opposition to contracting out Level II and III towers.  Click here to review the letter. Click here to read the IG Report on the expansion of the contract tower program.  "Observation on FAA's Study of Expanding the Program"  Federal Aviation Administration Report Number: AV-2000-079 in Adobe pdf format.  If you don't have Adobe Acrobat reader click on the link below   Click here to read the Inspector General of DOT, Ken Mead, report on Key Safety, Modernization, and Financial Issues Facing FAA. Click here to review a summary of the testimony given during a joint hearing of the Budget Committee and the Senate Transportation Appropriations Sub-committee on privatization Click here to read Jane Garvey's testimony before the Joint Hearing of the Senate Committee on Budget and the Senate Appropriations Subcommittee on Transportation. Click here to read Ken Mead's testimony before the Joint Hearing of the Senate Committee on Budget and the Senate Appropriations Subcommittee on Transportation. Click here to view FAA specific FAIR ACT information *Warning large file and table* From the Legislative Affairs Department These links will take you to pages on the www.natca.org site.  To return to this page use your browsers back button. Issue Paper Chronology Talking Points List of Level II and III Towers Busiest Towers in the U.S. Oceanic Operations NATCA Letter to the FY2000 Transportation Conferees Click here for a list of facilities and their congressional and faciltiy representatives that are in jepardy. Any cost savings from contracting out are made at the expense of the flying public's safety. Allegiance to the bottom line compromises safety. Public safety is inherently governmental.

Key Points

• There is little to no oversight of the contracted air traffic control facilities. This lack of oversight has resulted in understaffing of the control towers, which could lead to a degradation of service and ultimately the loss of life. This problem has been identified in committee’s report.
• A lack of supervision in contracted air traffic control towers exists. Weaknesses in the air traffic control system have traditionally been identified through disclosure of system flaws and errors. Because contracted air traffic control facilities have little to no supervision or management oversight, an underreporting of system breakdowns and unsafe occurrences will occur. Private contractors will not jeopardize their contract by reporting their own errors.
• Profit vs. Safety is a valid concern. Contractors’ profits are achieved through the reduction of staffing, reduction of employee benefits, and part time employment. Professional air traffic controllers take years to train and season. Contract employment, with few benefits and low wages, will not encourage talented individuals to pursue air traffic control as a lifetime career. Do we really want a fractured part time workforce controlling our skies?
• Air traffic control is an integral part of the national defense system. It is short sighted to give up control of our skies to private and possibly foreign interest.
• The current system is united and seamless. FAA air traffic controllers share common language and background. The system works because we work in harmony with one another.
• The merits of the FAA contracting out of level I towers are still being decided by federal court. It is not prudent to act while the legality of the program is being decided in the judicial system.

To verify your Congressional Representative:

NLC Anti-privatization Task Force Proposal to the NEB.  The National Legislative Committee presented the following resolution to the National executive Board during their November 1999 meeting:

Whereas Congress has become increasingly hostile in their approach to air traffic control issues.

Whereas many airlines and their representatives are pushing for a privatized ATC system.

Whereas NATCA strongly believes that air traffic control is an inherently governmental function.

Whereas the NATCA convention body has expressed clear direction in its wishes through resolution R96-026 now NATCA bylaw A-30.

Therefore be it resolved that within 30 days of passing this resolution the national executive board shall create a full time anti-contracting, outsourcing and or privatization task force.

The team shall consist of 6 NATCA members that have demonstrated their expertise in legislative, communication and LMR

The team shall report to the national executive board no less than monthly on the their progress and the status of contracting, outsourcing and or privatization.

The team shall be afforded adequate resources to carry out their mission.

Should the team identify a need for outside consultants or counsel, they shall present their proposal to the national executive board for approval.

The team is task with implementation of NATCA bylaw A-30.

News Stories:

Airlines debate who will control air traffic control.  Southwest Airlines CEO Herb Kelleher, breaking ranks with other industry leaders, is warning against privatizing the nation's air traffic control system.  For the full story click here.

Aviation Week's Action Plan for Air Travel

Privatized U.S. ATC Could Ease Congestion

Airlines Controllers Fight Over Delays

Airlines debate who will control air traffic control.  Southwest Airlines CEO Herb Kelleher, breaking ranks with other industry leaders, is warning against privatizing the nation's air traffic control system.  For the full story click here.

UK Politics Labour MPs uneasy over air sell-off

UK Politics Pilots call for talks on NATS sell-off

Trade unions representing pilots and air traffic controllers say the airlines' possible bid shows that they're concerned about safety if an outside company takes over.

From the newsroom of the BBC World Service

Archived Links:

To view Mike McNally's cover letter click here

To view the NATCA fact sheet click here

To view the full text of the House Appropriations Committee report 106-180 click here

To view the full text of the Senate Appropriations Committee report 106-55 click here

Sample Letters:

To view a sample constituent letter opposing the Senate contracting language click here

To view a sample constituent letter to your Senator of Representative opposing the House language click here

To view a sample letter to Senator Shelby opposing the Senate contracting language click here

To view a sample letter to Senator Shelby opposing the House language click here

To view a sample letter to Representative Wolf opposing the Senate contracting language click here

To view a sample letter to Representative Wolf opposing the House language click here

Additional information and background

McNally's June 9th update  Click here

May 28, 1999

To: NATCA Members

From: Alan Clendenin

National Legislative Committee

Subject: Contracting

This is for your information only. Please do not react/act at this time. For additional information please contact your facility, state, or regional legislative representative, or visit  http://nlc.natca.net

 The House marked up FAA appropriations on Thursday. The House report does not contain the same hostile language that is in the Senate version. That's the good news. Here is more bad news from the Senate report. Everyone (Tower and Center) should be very concerned.

En Route Automation.- The Committee recommendation includes all components of the request for En Route Automation except the Oceanic modernization request. The Committee recommendation is for the FAA to contract out the modernization and operation of the Oceanic facilities. The FAA has already canceled phase two of the Oceanic modernization project and FAA actions to reprogram fiscal year 1998 funds and to reduce the fiscal year 1999 budget raise questions as to the viability of this initiative as currently configured. Moreover, many FAA officials involved with the project have argued for a revision of the project's scope already. The Committee is encouraged by the quality of the current program management and is confident in the FAA's ability to manage the contracting out of all or part of this function. The justification for Oceanic for fiscal year 1999 indicates that a long term acquisition strategy is timely for this program and the Committee believes that the difficulties in this program in the past, and the discreet nature of the Oceanic missions make the entire program (or a subset of the facilities) an ideal candidate for establishing a "business unit" financed by en route fees charged to the users (international, domestic, and public aircraft) of Oceanic services. The Committee believes that industry is supportive of this approach, is aware of at least three potential competitors for such a service, and believes that this concept can be implemented to Oceanic facilities incrementally or in their entirety. The Committee is further interested in the contracting out of the modernization and operation of this function as a potential new model for specialized air traffic services.

Oceanic Automation System.- The Committee recommendation is for the revised acquisition strategy for this function to contract out Oceanic as a turnkey operation. Accordingly, consistent with the discussion elsewhere in the report, the requested funding for this program is not provided.

The Senate report contains the standard prohibition of paying Sunday premium except when an employee actually works on a Sunday. It also prohibits appropriated funds from being used to for the second career program.

Alan Clendenin
National Legislative Committee

May 26, 1999

To: NATCA Members

From: Alan Clendenin

National Legislative Committee

Subject: Contracting

We are once again standing at the threshold of another must win battle. I want to start this post by saying that I am releasing this information so that you are informed about this threat. This is information only, I ask that you not act/react at this time.

Mike, Randy, Ken, and Stacy are working this issue as we speak. Mike has had positive discussions with the AFL-CIO, the Administrator, Deputy Administrator, and will meet with the White House next week. Ken and Stacy are working the Hill and monitoring the progress in the Senate. They are also closely monitoring developments in the House as the appropriation bill moves through committee.

We should have more information on Friday. Please stay in close contact with your facility, state, and /or your regional legislative representative for further developments and guidance. Once again DO NOT react to this attack at this time. Our ultimate goal is to be successful. To achieve this success we must be strategic and mindful of the political climate.

Now how about signing everyone in your facility up as a PAC member?

Details:

I received a copy of this letter yesterday signed by Congressman Wolf and Senator Shelby.

May 11, 1999

Ms. Jane Garvey
Federal Aviation Administration
800 Independence Ave, S.W.
Washington, D.C. 20591

Dear Ms. Garvey:

Last year's statement of the managers accompanying the Department of Transportation and Related Agencies Appropriation Act, 1999 directed the Federal Aviation Administration to conduct a study of extend the contract tower program to existing air traffic control towers without radar capability. This study was to be provided to the Appropriations Committees within 90 days of enactment (or by January 21, 1999), and was to include a plan and timeline for expanding the contract tower program to three facilities by the year 2000.

This study is now nearly four months past due. Of greater concern, however, is a recent finding of the Department of Transportation Inspector General that the FAA is interpreting that, for the purposes of this study, Digital Bright Radar Indicator Tower Equipment (DBRITE) shall constitute a "radar system", thereby excluding 56 of the 70 level II and III visual flight rule (VFR) towers from the study. The IG correctly concludes that this narrow definition is not consistent with Congressional intent, and recommends that the FAA expand the scope of the study to include all VFR towers. As the House and Senate leaders of the conference committee which provided this direction, our intent was that all 70 tower would be included in this study. Accordingly, we direct you to revise the scope of this study to be consistent with that intent. Furthermore, the study should be submitted by the end of May, 1999. By that time the report will be four months late. Further delay is just not acceptable. Please ensure the report includes the plan and timeline for fiscal year 2000 expansion, as required be the conferees.

Frank Wolf                                                                  Richard Shelby
Chairman                                                                      Chairman
House Subcommittee on Transportation               Senate Subcommittee on
and Related Agencies                                               Transportation

 The Senate marked up the Transportation appropriations bill on Tuesday. The above language is included in this proposed legislation and, if enacted into law, would direct the agency to contract out all previously classified level 2 and 3 VFR towers. Additionally, there is language that would pursue the contracting out of en route oceanic sectors.

And the hits just keep on coming…The following language is taken directly from the proposal:

In addition, substantial controller staff-years in this appropriation are directly attributable solely to union activities and over $37,000,000 is attributable to direct overtime staffing. Given the high level of staff-years committed to union activities viewed in conjunction with the seemingly unalterable trend for substantial reliance on overtime staffing, the Committee encourages the Federal Aviation Administration to pursue greater flexibility in staffing arrangements to reduce the current reliance on overtime

But wait there's more:

In addition, the FAA must increase the efficiency of the air traffic control workforce. Some of those possible efficiencies are mentioned in this report and other reports /.../ Current average operations per hour at en route centers are less than 3 per controller hour, and current average operations per hour at air traffic control towers is less than 6 per controller hour. Those averages would seem to indicate that there is some room for improvement in controller efficiency or staffing coordination.

Senator Richard Shelby, Congressman Wolf, and IG take a BIG swipe at NATCA!   click here

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