Union Says Decision Works For Them

You win some, you lose some. Such was the case for the FAA this week, as the agency won a significant victory before the Federal Labor Relations Authority... but was also handed a rebuke, of sorts.

As ANN reported, the FLRA dismissed all of the National Air Traffic Controllers Association's (NATCA) charges of unfair labor practices related to the negotiation and implementation of the 2006 air traffic controller contract. The FAA lauded that decision as proof of the agency's upstanding practices when it comes to contentious negotiations.

But wait, not so fast. Last week, the FLRA ruled in favor of the Professional Airways Systems Specialists (PASS), AFL-CIO, the union that represents FAA systems specialists, regarding the FAA's Unfair Labor Practice (ULP) case.

PASS says that following months of unsuccessful contract negotiations with the FAA, PASS accepted the agency's proposal... but made it clear that it would not support this tentative agreement during the ratification process. PASS says it took the action to allow its members an opportunity to voice their opinion... an opportunity the union says the FAA tried hard to deny.

In the end, 98 percent of PASS members voted not to ratify the tentative agreement.. and the FAA pursued its ULP case against PASS. Although the charge was initially dismissed by the FLRA's Regional Director in July 2006, the FAA appealed to the FLRA's General Counsel, who, noting the absence of precedent, issued a complaint to allow the FLRA to clarify the rules concerning membership ratification.

Last week, the judge dismissed the case entirely -- ruling that PASS did not fail to bargain in good faith. In his decision dismissing all charges against PASS, the judge stated, "I do not consider it a coincidence that in the bargaining environment of the case, where the FAA has interpreted and applied its unique bargaining statute to deprive the Panel of jurisdiction to resolve bargaining disputes, one of its unions has sought to resort to a form of force: not economic, but political force, through the vehicle of a vote of its members on the agency's proposals. This may not have been the academic exercise of reasoned discussion that the FAA hoped for, but then neither was its threat to submit its final proposals to Congress and implement them without permitting resolution by the Panel. The FAA may be correct in its interpretation of title 49, but such an interpretation invited a response by the Union, and the Union's response in this case appears to me to be entirely lawful."

"We are very pleased with the FLRA's decision and feel justified with the way we responded to the FAA's strong-arm tactics at the negotiating table," said PASS National President Tom Brantley. "Now that the judge has validated PASS's position, we look forward to returning to the negotiating table with the FAA and are very hopeful that we can reach a mutually agreeable contract. Doing so is vital not only to restoring the morale of FAA employees, but it also will enable PASS members to focus their energies on the safe and efficient operation of the National Airspace System."

PASS represents more than 11,000 employees of the Federal Aviation Administration and the Department of Defense who install, maintain, support and certify air traffic control and national defense equipment, inspect and oversee the commercial and general aviation industries, develop flight procedures and perform analyses of the aviation systems.

FMI: www.passnational.org, www.faa.gov