S.Amdt. 743Senate110th Congress (2007-2009)

S.Amdt. 743

What it does: Inserts new text wherever appropriate
Submitted March 27, 2007

What it changes

1 change to H.R. 1591

Inserts text
  1. Inserts new text wherever appropriate

    Inserts

    Inserted: SEC. . FAA PERSONNEL MANAGEMENT SYSTEM ARBITRATION.

    Inserted: Section 40122(a) of title 49, United States Code, is amended--

    Inserted: (1) by striking the second and third sentences of paragraph (2);

    Inserted: (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

    Inserted: (3) by inserting after paragraph (2) the following:

    Inserted: "(3) Arbitration.--

    Inserted: "(A) In general.--If the services of the Federal Mediation and Conciliation Service under paragraph (2) do not lead to an agreement, the Federal Service Impasses Panel shall assert jurisdiction over the issues in controversy in accordance with subsection (g)(2)(C) and order binding arbitration.

    Inserted: "(B) Arbitration board.--The Panel shall appoint an arbitration board composed of 3 professional private arbitrators with Federal sector experience. The Executive Director of the Panel shall request a list of not fewer than 15 arbitrators from the Director of the Federal Mediation and Conciliation Service. Each party shall select one arbitrator and the Executive Director of the Panel shall select the third and final member of the arbitration board.

    Inserted: "(C) Ratification and approval.--In accordance with subsection (g)(2)(C), upon reaching agreement or at the conclusion of the binding arbitration, the final agreement shall be subject to ratification by the exclusive representative, upon request, and approval by the head of the agency.

    Inserted: "(D) Enforcement actions.--Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of any action brought to enforce this paragraph. Upon the application of any exclusive bargaining representative, any changes implemented in the personnel management system by the Administrator after July 9, 2005, without the agreement of the exclusive bargaining representative and before the agreement ratified and approved under subparagraph (C) takes effect shall be reversed and the status quo ante shall be restored until the date certified by the exclusive bargaining representative and the Administrator as the date on which the ratified and approved agreement takes effect."

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 743. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill H.R. 1591, making emergency supplemental appropriations for the fiscal year ending September 30, 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . FAA PERSONNEL MANAGEMENT SYSTEM ARBITRATION.

Section 40122(a) of title 49, United States Code, is amended--

(1) by striking the second and third sentences of paragraph (2);

(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(3) by inserting after paragraph (2) the following:

“(3) Arbitration.--

“(A) In general.--If the services of the Federal Mediation and Conciliation Service under paragraph (2) do not lead to an agreement, the Federal Service Impasses Panel shall assert jurisdiction over the issues in controversy in accordance with subsection (g)(2)(C) and order binding arbitration.

“(B) Arbitration board.--The Panel shall appoint an arbitration board composed of 3 professional private arbitrators with Federal sector experience. The Executive Director of the Panel shall request a list of not fewer than 15 arbitrators from the Director of the Federal Mediation and Conciliation Service. Each party shall select one arbitrator and the Executive Director of the Panel shall select the third and final member of the arbitration board.

“(C) Ratification and approval.--In accordance with subsection (g)(2)(C), upon reaching agreement or at the conclusion of the binding arbitration, the final agreement shall be subject to ratification by the exclusive representative, upon request, and approval by the head of the agency.

“(D) Enforcement actions.--Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of any action brought to enforce this paragraph. Upon the application of any exclusive bargaining representative, any changes implemented in the personnel management system by the Administrator after July 9, 2005, without the agreement of the exclusive bargaining representative and before the agreement ratified and approved under subparagraph (C) takes effect shall be reversed and the status quo ante shall be restored until the date certified by the exclusive bargaining representative and the Administrator as the date on which the ratified and approved agreement takes effect.”

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Senate amendment submitted

March 27, 2007