A Message from PASS National President Tom Brantley:

Secret ballots were counted in connection with the ratification vote concerning the tentatively agreed upon contract for employees represented by PASS in the Technical Operations (formerly Airway Facilities) bargaining unit. With a record voter turn out, the final margin was not close, with 98 percent of the members voting casting a "NO" vote for the new agreement.

The tremendous "NO" vote means that PASS members overwhelmingly rejected the tentative agreement. The parties will now need to return to the bargaining table to negotiate a new collective bargaining agreement for Technical Operations. At this time, it is unclear when the parties will begin that process since pending legal proceedings-initiated by the agency-could affect the FAA’s ability to enter into good faith negotiations.

As you have undoubtedly heard, in early July, the Federal Labor Relations Authority (FLRA) regional director dismissed the unfair labor practice charge that the FAA filed against PASS shortly after the tentative agreement was reached. The FLRA accepted PASS’s legal argument that the ratification process is an internal union matter and PASS does not have a duty to bargain in connection with the conduct of internal union matters.

The FAA has since decided to appeal the regional director’s decision to the FLRA’s general counsel. The likely reason that the FAA filed the appeal is to stall the negotiations process, not because it believes it has a good chance of having the decision overturned. Rest assured that PASS will continue to vigorously contest the agency’s groundless legal challenges. Nevertheless, it would be virtually impossible for the FAA to engage in good faith negotiations with PASS while at the same time arguing to the FLRA’s general counsel that the parties already have a binding agreement.

Hopefully, the ratification failure will serve as a clear wake-up call for FAA management about what PASS members are not willing to accept simply because the agency feels it is in complete control of the bargaining process.

At some point, the FAA will run out of delaying tactics and will be forced to return to the bargaining table. When that time comes, PASS’s contract team will be ready to meet with the agency’s negotiators to reach an agreement that satisfies both party’s needs and will be successfully ratified by the PASS membership.