NATCA/PASS v. FSIP/FLRA Appeal Decision

United States Court of Appeals on February 17, 2006 issued a ruling, in which the Appellants’ (NATCA and PASS) appeal was denied, and the initial judgment of the District Court was affirmed. This case litigated the topic of jurisdiction interpretation of USC Title 49, regarding negotiation impasse. Click below to view the United States Court of Appeals decision:

http://pacer.cadc.uscourts.gov/docs/common/opinions/200602/05-5076a.pdf.

Performance Awards Update

At the Union’s request, the FAA Pay Negotiation Team looked into the non-payment of performance awards. We were informed that the delay in payment was due to miscommunications within the offices of the FAA.

Thanks to our diligence, the matter has been cleared up, and the bargaining unit members should receive their performance awards either in Pay Period #18 or Pay Period #19.

Additional Information On CBA

The Parties are just discussing some possible changes to the CBA; however, these changes would not occur until next year. The talks are very preliminary at this time. In lieu of opening up the entire CBA (which expires in February 2007), the agency used this meeting on conversion to Core Comp to introduce some proposed changes with the thought that the CBA could be left mostly intact and extended (length to be determined).

There is a new era in negotiating with the FAA. Two words to keep in mind for future negotiations are “non-negotiable” and “permissible”. Some of the proposed changes the agency feels are non-negotiable (contrary to law and or other policy) and will either be removed or reworded. Other proposed changes the agency feel are permissible (negotiable) and will send their suggested wording or intent to remove in the near future.

If an agreement can be reached on these few changes, the agency will basically leave the rest of the CBA intact and the Parties will extend the expiration date.

More information will be posted as it becomes available.

A Summer Surprise

Today, we had a surprising development during pay negotiations. In addition to negotiating pay, the Parties are now addressing the issue of extending (or carrying over) the current Collective Bargaining Agreement (CBA) between NAGE Local R3-10 and FAA.

The FAA is proposing to extend the CBA with major changes to approximately 13 articles.

For now, it appears most probable that the Parties will be able to reach an agreement on both issues (pay and the CBA).

What do you know ... a Summer Surprise!

Work Rule Changes Affecting NATCA BUE

The Union has received several inquiries from bargaining unit members asking whether the forced NATCA contract, effective September 3, 2006, would apply to NAGE Local R3-10 bargaining unit employees.

The answer is no, we have our own contract agreement with the FAA. The Employer must adhere to the provisions specified in the 2004 Collective Bargaining Agreement (CBA) between NAGE Local R3-10 and the FAA.

Imposed NATCA Contract

The following information was posted on the FAA’s website regarding the imposed NATCA contract:

Contract Implementation Date Set: On July 31, John Carr, outgoing president of the National Air Traffic Controllers Association received a letter from Joseph Miniace, deputy assistant administrator for strategic labor management relations, officially informing him that the NATCA contract will be implemented on September 3, 2006.

Senate Bill S.3763

A new bill has been introduced by Senator Mark Pryor, D-ARK to amend USC Title 49, Bill S.3763 reads as follows:

To amend title 49, United States Code, to modify bargaining requirements for proposed changes to the personnel management system of the Federal Aviation Administration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REPEAL.

Paragraph (2) of section 40122(a) of title 49, United States Code, is repealed.

SEC. 2. EFFECTIVE DATE.

The amendment made by section 1 shall be effective as of April 1, 2006, including with respect to any proposed changes to the personnel management system of the Federal Aviation Administration that were transmitted to Congress, on or after that date and before the date of enactment of this Act, in accordance with the provisions of section 40122(a)(2) of title 49, United States Code, as last in effect.

PASS Members Reject Collective Bargaining Agreement with FAA

The Professional Airways Systems Specialists (PASS) reported today that their bargaining unit members rejected overwhelmingly a tentative collective bargaining agreement with the Federal Aviation Administration (FAA). In their press release, PASS stated that “following an all-time record voter turn out, employees represented by PASS in the Technical Operations bargaining unit gave a resounding “No” in response to the contract, with 98 percent of the votes against the agreement.”

Additionally, PASS stated that “both parties must now return to the bargaining table to negotiate a new collective bargaining agreement for Technical Operations.”

Due to pending legal proceedings initiated by the FAA, how this matter will conclude is difficult to determine. The FAA most likely will attempt to necessitate an agreement; in the same manner it imposed an agreement on the NATCA ATC bargaining unit. Stay tuned. For additional information, kindly visit the PASS website at http://www.passnational.org/.