Legislation Would Protect FAA Collective Bargaining Rights

Legislation (S. 2201 and H.R. 4755) introduced in both the Senate and the House would change the process by which contract negotiations between the Federal Aviation Administration (FAA) and employee unions are handled in the event of an impasse.

The FAA is currently operating under a misinterpretation of existing law that allows the agency to impose working conditions on employees and bypass the negotiations process. According to the FAA, if contract negotiations are at an impasse, the administrator can send the matter to Congress. Without action from Congress, the FAA’s contract offer would automatically be imposed on employees without union input or employee ratification.

The Professional Airways Systems Specialists (PASS) is the oldest and second largest FAA union, representing approximately 11,000 FAA employees in five separate bargaining units. The FAA is currently at impasse with four of PASS’s five bargaining units and the administrator has threatened to submit these contracts to Congress. Negotiations in PASS’s remaining bargaining unit, Air Traffic Organization Technical Operations, are in the beginning stages, but the FAA has already attempted to limit negotiations in order to expedite the process and get the contract to Congress as soon as possible.

The FAA should not have the arbitrary authority to unilaterally impose working conditions on employees. PASS is in strong support of legislation that would allow both parties to negotiate in good faith for several reasons:

• This legislation creates a three-step process that is fair to both labor and management. In the mediation phase, if the two parties are unable to reach an agreement, negotiations are submitted to the Federal Mediation and Conciliation Service (FMCS). If parties cannot reach an agreement, the next step involves congressional action. The FAA sends its contract offer and the union’s objections to Congress. Congress maintains the right to weigh in on the impasse, but if no action is taken, the agency and the union would both present their proposals to binding arbitration.
   
• The FAA’s actions will unquestionably lead to increasing problems with employee retention and recruitment. During a time where many members of the FAA workforce are at or nearing retirement age, every effort must be made to recruit and retain employees. An environment where management and labor are given the opportunity to negotiate in good faith will attract new employees to the industry as well as assist in maintaining current employees.
   
• The primary focus of the FAA and its employees is the safety of the flying American public. An environment where management is permitted to impose working conditions on employees does not encourage positive working conditions. This type of situation can impact the FAA’s effectiveness as well as aviation safety and air travel.

FAA employees are entitled to participate in fair contract negotiations with an agency focused on constructing a work environment in which both labor and management are valued. It is important that you cosponsor this legislation aimed at encouraging good faith bargaining between labor and management focused on obtaining an agreement that is equitable to both parties.