S. 3416Senate110th Congress (2007-2009)In Committee

Federal Aviation Administration Employee Retention Act

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

July 31, 2008

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SenateIntro Referral

Introduced in Senate

July 31, 2008

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

July 31, 2008

Floor Debate

1 member

What members said about S. 3416 on the floor

1 Republican

Sen. James M. InhofeR-OK · Aug 1, 2008

Mr. President, I was pleased to join Senator Lautenberg yesterday in introducing S. 3416, The Federal Aviation Administration Employee Retention Act. I am supporting Senator Lautenberg in his efforts to correct what I believe is a very unfair process imposed upon employees of the Federal Aviation Administration, FAA, by Congress.

Essentially, S. 3416 will correct the collective bargaining process Congress established for FAA employees in the FAA Reauthorization Act of 1996--Public Law 104-264--in which we inserted ourselves as arbitrators in labor disputes. Under the 1996 act, if the FAA and the union with whom they are in negotiation can not reach an agreement, then Congress has 60 days to intervene and if we do not, the FAA is able to impose its terms on the employees. Mr. President, this is not fair, it has not worked and it is time that we correct it.

In addition to the widely published dispute between the FAA and the National Air Traffic Controllers Association, NATCA, the Professional Aviation Safety Specialists, PASS, also have been unable to negotiate a new contract with the FAA. Furthermore, in my State of Oklahoma, there has been an 8-year disagreement between the FAA and the FAA Academy Instructors represented by the Professional Association of Aeronautical Center Employees, PAACE. It is my understanding from PAACE that FAA has basically refused to come to the bargaining table, which has resulted in year to year extensions of an 8-year-old contract. This is not right.

The very reasonable procedure established by S. 3416 will provide both sides in a labor dispute with a means to resolve disagreements by allowing FAA employees the same collective bargaining protections that employees covered under the National Labor Relations Board currently have. The bill provides the option of resolving disputes through the Federal Mediation and Conciliation Service or through mutual agreement on an alternative procedure. If no agreement is reached, then matters of disagreements will be presented to the Federal Services Impasses Panel for binding arbitration.

Finally, the bill would require both sides go back to the negotiating table for any ``personnel management system implemented'' by the FAA Administrator on or after July 10, 2005. In

other words, contract negotiations between FAA, NATCA and PASS are restarted with a 45-day deadline. If no agreement is reached, then there is an additional 90 days for binding arbitration.

As a pilot I am well acquainted with the exceptional work done by the employees of the FAA and I know firsthand that our aviation system is only as good as these employees. They deserve the right to bargain in good faith on their employment contracts. This bill will give them that opportunity.

Thank you, Senator Lautenberg, for introducing this bill, and I hope we get an opportunity to debate it very soon.

Bill Text

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Introduced in SenateIssued July 31, 2008

110th CONGRESS

2d Session

S. 3416

IN THE SENATE OF THE UNITED STATES

July 31, 2008

Mr. Lautenberg (for himself and Mr. Inhofe) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend section 40122(a) of title 49, United States Code, to improve the dispute resolution process at the Federal Aviation Administration, and for other purposes.

Short title

This Act may be cited as the Federal Aviation Administration Employee Retention Act.

Dispute resolution

(a)

In general

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

(1)

by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and

(2)

by striking paragraph (2) and inserting the following:

(2)

Dispute resolution

(A)

Mediation

If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative—

(i)

shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement, in accordance with part 1425 of title 29, Code of Federal Regulations; or

(ii)

may, by mutual agreement, adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.

(B)

Binding arbitration

(i)

Assistance from Federal service impasses panel

If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to an agreement, the Administrator and the exclusive bargaining representative of the employees (referred to in this subparagraph as the parties) shall submit their issues in controversy to the Federal Service Impasses Panel, which shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board appointed pursuant to clause (ii).

(ii)

Appointment of arbitration board

(I)

List of arbitrators

The Executive Director of the Federal Service Impasses Panel shall provide for the appointment of 3 members to the private arbitration board described in clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not fewer than 15 names of arbitrators with Federal sector experience and by providing the list to the parties.

(II)

Selection of arbitrators

Not later than 10 days after receiving the list described in subclause (I), each party shall select 1 arbitrator from the list. Not later than 7 days after these 2 arbitrators are selected by the parties, the arbitrators shall select a third arbitrator from the list.

(III)

Alternative selection of arbitrators

If either party fails to select an arbitrator or if the 2 selected arbitrators are unable to agree on the selection of the third arbitrator within 7 days, the parties shall make the selection by alternately striking names off the list until 1 arbitrator remains.

(iii)

Framing issues in controversy

If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.

(iv)

Hearings

The arbitration board shall give the parties a full and fair hearing, including an opportunity for each party to—

(I)

present evidence in support of the party’s claims; and

(II)

present the case in person, by counsel, or by other representative selected by the party.

(v)

Decisions

The arbitration board shall render its decision not later than 90 days after the date on which its final member is appointed. Decisions of the arbitration board shall be conclusive and binding upon the parties.

(vi)

Costs

The parties shall equally share the costs of the arbitration.

(3)

Ratification of agreements

Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(B), the final agreement, except for those matters decided by the arbitration board, shall be subject to—

(A)

ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative; and

(B)

approval by the head of the agency, in accordance with the provisions referred to in subsection (g)(2)(C).

(4)

Enforcement

(A)

Enforcement actions in United States courts

(i)

Jurisdiction

Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction to adjudicate enforcement actions brought under this section.

(ii)

Judicial district

An enforcement action may be brought under this section in—

(I)

any judicial district in the State in which the violation of this section is alleged to have been committed;

(II)

the judicial district in which the Federal Aviation Administration has its principal office; or

(III)

the District of Columbia.

(B)

Attorney fees

The court may assess against the Federal Aviation Administration reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.

(b)

Effect of changes; negotiations

Any changes to the personnel management system implemented by the Administrator of the Federal Aviation Administration on or after July 10, 2005, under section 40122(a) of title 49, United States Code (as in effect on the day before the date of the enactment of this Act), without the agreement of the exclusive bargaining representative of the employees of the Federal Aviation Administration certified under section 7111 of title 5, United States Code, shall be null and void. The Administrator and the bargaining representative shall resume negotiations promptly, and, subject to subsection (d), the last mutual agreement before the implementation of such changes shall be in effect until a new contract is adopted by the Administrator and the bargaining representative.

(c)

Arbitration

If a new agreement is not reached 45 days after the date on which negotiations resume under subsection (b), the Administrator and the bargaining representative shall submit their issues in controversy to the Federal Service Impasses Panel, in accordance with section 7119 of title 5, United States Code, for binding arbitration in accordance with paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United States Code.

(d)

Interim agreement

If the Administrator and the exclusive bargaining representative of the employees subject to the changes referred to in subsection (b) reach a final and binding agreement with respect to such changes before the date of the enactment of this Act,—

(1)

such agreement shall supersede any changes implemented by the Administrator under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment) without the agreement of the bargaining representative; and

(2)

subsections (b) and (c) shall not take effect.