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.