Three Democratic members
of the US Senate have introduced legislation that may impose
additional oversight and controls on the FAA if they fail to
reach an agreement with the National Air Traffic Controllers
Association. NATCA is aggressively trumpeting this proposed
legislation as a victory in their long-running and contentious
dispute with FAA over what a number of Washington wags have
described as "the contract negotiation from hell." NATCA has waged
a vociferous battle through the media, making a number of dramatic
charges against the FAA (a fair number of which are questionable),
in an apparent ploy to win sympathy for their dispute and their
version of a contract that the FAA asserts it (and the citizenry)
can not afford.
Scheduled to be introduced today by Senators Barack Obama,
D-Ill., Patty Murray, D-Wash., and Frank Lautenberg, D-N.J., the
Bill would "...amend title 49, United States Code, to modify the
mediation and implementation requirements of section 40122
regarding changes in the Federal Aviation Administration personnel
management system, and for other purposes."
The bill is entitled "Federal Aviation Administration Fair Labor
Management Dispute Resolution Act of 2006." In the event of an
impasse, the plan allows for three possible courses of
action...
(A) MEDIATION—If the Administrator does
not reach an agreement under paragraph (1) with the exclusive
bargaining representatives, the services of the Federal Mediation
and Conciliation Service shall be used to attempt to reach such
agreement.
B) CONGRESSIONAL
ACTION—If the services of the Federal Mediation and
Conciliation Service do not lead to an agreement, the Administrator
shall transmit to the Senate and the House of Representatives the
proposed change to the personnel management system, together with
the objections of the exclusive bargaining representatives to the
change and the reasons for such objections. The Administrator may
not implement the proposed change unless a bill is enacted into law
that specifically authorizes the change during the 60-day period
beginning on the date on which both Houses of Congress receive the
proposed change transmitted by the Administrator. For purposes of
this subparagraph, the 60-day period shall not include any period
during which Congress has adjourned sine die.
(C) BINDING ARBITRATION—If a bill
described in subparagraph (B) is not enacted into law within the
60-day period, the Administrator and the bargaining representatives
shall submit the proposed change to binding arbitration in
accordance with the provisions of subchapter IV of chapter 5 of
title 5, United States Code."
If enacted, the amendment "made by this Act shall apply to
changes described in section 40122(a)(1) of title 49, United States
Code, being negotiated on or after the date of the introduction of
this Act."
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