FAA Withdraws Unfair Labor Practice (ULP) Case

On November 9, 2010, the Federal Labor Relations Authority (FLRA) granted requests by the Federal Aviation Administration (FAA) and the FLRA's general counsel to withdraw their exceptions in the Unfair Labor Practice (ULP) case against PASS regarding the failed ratification of a tentative agreement for PASS's Technical Operations unit in August 2006. This means that the original decision of the administrative law judge who ruled on the case will stand. In his decision, the administrative law judge determined that PASS did not commit an unfair labor practice by recommending that its members vote against ratification of the tentative agreement. After more than four years of litigation and waiting, this case has officially ended.

Subsequent appeals of the decision by the FAA and the FLRA's general counsel in 2007 remained open until their withdrawal this week. The FAA had taken the position that the union's obligation to bargain in good faith also applies to the union's ratification process. Since ratification is an internal union matter, the judge found that PASS acted within its rights when it recommended a "No" vote to its members.

The resolution of this case removes a major impediment to our ability to return to the bargaining table with the FAA to secure new collective bargaining agreements for all of our FAA bargaining units. I am optimistic that we will reach agreement in the near future to define how and when bargaining will occur. We will inform you as soon as an agreement regarding these negotiations is reached.

I am pleased that the FAA chose to withdraw its exceptions in the case. I believe this is a concrete example of the improvement we are seeing in PASS's relationship with the agency and it will help provide added momentum for our ongoing efforts to build on our progress. I also appreciate the leadership of Administrator Babbitt in helping put long-standing issues behind us and guiding the FAA toward a collaborative, mutually respectful relationship with PASS. I realize there are still problems and not everyone is completely on board with the agency's new philosophy; however, I believe that Administrator Babbitt is committed to working with us to create an environment where the change in direction is clearly understood and practiced by all.

I want to thank every PASS member for your continuing support of the union's efforts to ensure that our voice is heard. It is the strength that PASS receives from its members that allow us to be successful in our representational and legislative activities. I encourage all of you to enjoy the satisfaction that comes with such a major achievement.

PASS will soon have additional news about other collaborative endeavors that are beginning to bear fruit and we will update you as soon as we complete the final details.

Bargaining to Begin

As previously reported, when the FAA withdrew its appeal in the ratification ULP case, there were no further impediments preventing the parties from returning to the bargaining table. On February 2, 2011, PASS and the FAA successfully negotiated ground rules to govern negotiations in all PASS bargaining units. Under the ground rules, contract negotiations for PASS's ATO bargaining units (Tech Ops and AVN) will begin in April. After ATO negotiations are completed, bargaining will begin in PASS's AVS units (AFS, AFS-700 and MIDO).