Washington==As the Senate Judiciary Committee prepared to finish historic legislation creating an alternative claims-handling process for those injured by asbestos exposure, organized labor sent the committee a letter questioning the bill's "fundamental fairness for victims."
The strongly worded letter from the AFL-CIO was sent to Sen. Arlen Specter, R-Pa., and Patrick Leahy, D-Vt., chairman and ranking minority member, respectively, of the committee late Tuesday, as the committee prepared to wrap up on the bill, the Fairness in Asbestos Injury Resolution Act of 2005, S. 852. The committee was prepared to report out on the bill as early as Thursday.
By Wednesday morning, as the committee prepared to resume work on the bill, Sen. Specter said, "It is my hope that we will [complete work on the bill] tomorrow."
The committee voted on only two of dozens of the pending amendments today, but that did not dim Mr. Specter's confidence that most of the others will fall away.
Mr. Specter and Mr. Leahy, the ranking Democrat on the committee, told colleagues it was time to move the bill from committee.
"At some point, you've got to vote and get it out," Sen. Leahy said.
The AFL-CIO letter to the committee leadership was signed by William Samuel, the AFL-CIO's top lobbyist.
"As the committee enters its fourth and perhaps final week, we are writing to convey our deep concerns over many of the decisions made so far, and to inform the committee that if the flaws outlined below are not addressed, the AFL-CIO will urge senators to oppose the bill," it read.
Mr. Samuel said labor's opposition is based on the fact that the bill, "as currently amended, does not meet the test of fundamental fairness for victims of asbestos disease in a number of significant respects."
One of the concerns, cited by Mr. Samuel, are provisions that "deeply dismay" organized labor. They deal with the bill's start-up provisions, "where concerns about so-called 'leakage' to the tort system have taken precedence over the need to ensure just compensation for those who are sick."
These provisions, and others under discussion, are being added to assuage insurance industry and business concerns about the bill.
Ironically, despite the addition of the provisions, larger insurers are voicing deep concerns. As one industry lobbyist noted Tuesday about one proposed change to the startup provisions, "It is necessary, but not sufficient."
Despite the opposition, the bill is expected to pass the committee. Its ability to make it through the full Senate and House is another story, the insurance industry lobbyist said.
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