ATO Bargaining Update

PASS and the FAA wrapped up its last interest-based bargaining session on March 1, 2012. While much progress was made toward reaching a final tentative agreement, the parties remained apart on nine articles. In accordance with the agreed-upon ground rules governing the parties' negotiations, from March 20 through March 29, 2012, the bargaining teams engaged in mediation with former Federal Labor Relations Authority (FLRA) General Counsel Joseph Swerdzewski serving as mediator. Through mediation, the parties were successfully able to tentatively agree on four additional contract articles. Perhaps not surprisingly, several issues relating to the pay system remain as the main obstacles to finalizing a tentative agreement. Under the ground rules, the next formal step in the bargaining process involves the parties submitting their bargaining disputes to a "tripartite Resolution Panel" made up of one representative selected by PASS, one representative selected by the FAA and a neutral member, most likely a professional arbitrator, jointly selected by the parties. Each side will have one day to submit its arguments to the Panel on each issue in dispute and one-half day to submit information rebutting the other side's arguments. The Panel must render a decision within 30 days, unless otherwise agreed. After issuance of the Panel's decision, the tentatively agreed-on articles and the Panel's decision on each dispute article will be submitted to all PASS Air Traffic Organization (ATO) members for ratification. The parties will discuss the selection of the Panel's neutral member, identify each side's Panel member and schedule the Panel's meeting in the near future. During any stage of the dispute resolution process, the parties are free to attempt to resolve their differences under any mutually agreed to alternate procedure that is most likely to result in a final tentative agreement.