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Senator blocking bill backed by families of Flight 3407

Published:March 9, 2010, 6:44 AM

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Updated: August 21, 2010, 5:02 AM

WASHINGTON — A Tennessee senator is standing in the way of aviation safety legislation being pushed by the Families of Continental Flight 3407, likely delaying consideration of the measure until next week at the earliest.

Sen. Bob Corker, R-Tenn., has put a “hold” on the Federal Aviation Administration reauthorization bill that includes the safety measures, all because of a labor provision that affects FedEx, which is based in Memphis.

“Sen. Corker is supportive of the Senate FAA bill, but we have placed a hold until we can be assured that the controversial FedEx provision will not be included in the final legislation,” said Laura Lefler Herzog, Corker’s communications director.

Corker’s move means that the Senate will have to invoke cloture — that is, gaining approval from at least 60 of the 100 senators — to move forward with the FAA legislation.

Supporters of the bill said they expect to have more than enough votes to do that, but Corker’s move would likely delay full consideration of the FAA bill from early this week to next.

“This is a critically important bill, and the families have waited for a long time to see it passed,” said Sen. Charles E. Schumer, D-N. Y. “We are working to get around the hold and bring the bill to the floor of the Senate so it can finally get a vote.”

As for the Flight 3407 families, they weren’t very impressed with Corker’s move.

“He’s basically saying that Tennessee is more important than 49 other states,” said Kevin Kuwik, one of the leaders of the family group.

Backed by the International Brotherhood of Teamsters, the provision that’s delaying the bill is included in the House version of the FAA bill that passed the House last year.

While it is not included in the current version of the Senate bill, Corker placed a hold on it to strengthen the Senate’s hand in negotiations with the House over a final bill.

The provision would allow drivers for FedEx to organize on the local level under the National Labor Relations Act. It would replace the current requirement that they can organize only nationwide under the Railway Labor Act.

FedEx adamantly opposes the measure, calling it a giveaway to rival UPS.

If it had not been for Corker’s hold, the Senate could have begun consideration of the FAA bill as soon as today.

For that reason, about 25 members of the Flight 3407 families group were expected to be in Washington today to lobby for the bill. They have a meeting scheduled for Wednesday with Corker’s staff.

The families have made tougher aviation safety laws their top priority since the Feb. 12, 2009, crash in Clarence Center, which claimed 50 lives.

While supportive of the Senate FAA measure, the families are trying to build support for an amendment sponsored by Schumer that would dramatically increase the number of flight hours that co-pilots must have before they are hired.

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