NATCA's Forrey Says FAA's Statements "At Best Factually Inaccurate"

The FAA calls it vindication... a sentiment not shared by air traffic controllers. The FAA announced Monday the Federal Labor Relations Authority (FLRA) has 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 FLRA determined that the Federal Aviation Administration bargained in good faith and the agency’s implementation of the contract was lawful, according to the FAA.

"This decision validates our new contract, which is saving taxpayers $1.9 billion over five years and providing the resources we need to invest in 21st-century air traffic systems," said FAA Administrator Marion Blakey.

The FLRA dismissed NATCA’s charges -- filed with the authority in April, July and September 2006 -- alleging the FAA unlawfully submitted the contract bargaining impasse with NATCA to Congress and engaged in a pattern and practice of bad faith negotiations.

The FAA asserts the FLRA also found that there was no merit to the union’s charge the FAA failed to bargain under the auspices of the Federal Services Impasses Panel and implemented the 2006 contract prior to the completion of bargaining.

The FAA says FLRA's decision affirms the agency followed the process enacted by Congress for resolving bargaining impasses over changes to the agency’s personnel system.

NATCA Responds

Not so quick, NATCA says. In a message to ANN, NATCA President Patrick Forrey called the FAA's statement of apparent victory premature, adding there's some question whether the FLRA is even authorized to make such a ruling.

"The FAA's press release is at best factually inaccurate and worst intentionally misleading," Forrey writes. "The dismissal was issued by Regional Director of the Federal Labor Relations Authority's (FLRA) San Francisco Regional Office despite his repeated statements that there is no FLRA precedent over the allegations. NATCA will be submitting an appeal to the General Counsel of the FLRA. NATCA anticipates that the General Counsel will follow her own past practice of issuing a complaint when as in this case, there is no precedent and allow the case to eventually be heard by the bipartisan three-member board of the FLRA, who has had nothing to do with the case thus far. Moreover, nowhere in labor law does unilateral implementation of terms and conditions of employment form a contract, it only serves as economic warfare in order to break impasse. Until NATCA's membership ratifies an agreement between NATCA and the FAA no contract will exist."

Forrey goes on to say the FAA "is trying desperately to justify its practices but the truth is that even a large majority of Congress disagrees with the agency. Last year, a Republican-majority-led House came within seven votes of a two-thirds majority vote that would have sent the FAA back to the contract negotiating table with NATCA. And just a few weeks ago, the House Transportation and Infrastructure Committee voted 53-16 to add language to the FAA Reauthorization bill that would send us back to the contract table. That’s the strongest bipartisan statement yet about how unfair the process was that ended up with the FAA imposing work and pay rules on us last Labor Day weekend.

"We are urging Congressional passage of an FAA Reauthorization bill with this language included so that there will be some incentive for veteran controllers to stay on the job long enough to keep the system running and train their replacements," he concludes. "Right now, the massive exodus of controllers is eroding the safety foundation of the system and delaying flights. It has resulted in 1,100 fewer certified controllers on the job since 9/11, despite a huge increase in traffic that has overwhelmed the system, according to the FAA and the airlines."

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