FAA v. PASS - FLRA Sides with PASS on ULP Decision

The FLRA has dismissed the FAA’s ULP charge against PASS regarding the recently completed collective bargaining negotiations. The FAA is planning to appeal the decision to dismiss the ULP complaint.

PASS Press Release (August 6, 2007):

The Professional Airways Systems Specialists (PASS), AFL-CIO, the union that represents FAA systems specialists, has cause for celebration following last week’s Federal Labor Relations Authority (FLRA) decision in its favor regarding the FAA’s Unfair Labor Practice (ULP) case.

In his decision dismissing all charges against PASS, the judge stated, “I do not consider it a coincidence that in the bargaining environment of the case, where the FAA has interpreted and applied its unique bargaining statute to deprive the Panel of jurisdiction to resolve bargaining disputes, one of its unions has sought to resort to a form of force: not economic, but political force, through the vehicle of a vote of its members on the agency’s proposals. This may not have been the academic exercise of reasoned discussion that the FAA hoped for, but then neither was its threat to submit its final proposals to Congress and implement them without permitting resolution by the Panel. The FAA may be correct in its interpretation of title 49, but such an interpretation invited a response by the Union, and the Union’s response in this case appears to me to be entirely lawful.”

"We are very pleased with the FLRA's decision and feel justified with the way we responded the FAA’s strong-arm tactics at the negotiating table," said PASS National President Tom Brantley. "Now that the judge has validated PASS’s position, we look forward to returning to the negotiating table with the FAA and are very hopeful that we can reach a mutually agreeable contract. Doing so is vital not only to restoring the morale of FAA employees, but it also will enable PASS members to focus their energies on the safe and efficient operation of the National Airspace System."

FOCUS FAA (August 23, 2007):

The FAA plans to appeal a ruling by the Federal Labor Relations Authority (FLRA) that dismissed the agency's unfair labor practice complaint against the Professional Airways Systems Specialists (PASS) union.

FAA negotiators filed the complaint to protest a tactic in which PASS negotiators tentatively accepted the agency's offer, then urged its members not to ratify the agreement. The FAA claimed PASS was not bargaining in good faith.

PASS has sent the FAA a letter saying it wants to reopen negotiations. "We are reviewing that in light of the appeal," said Joe Miniace, deputy director for strategic labor relations. "No decision has been made at this time," he added.

To view the decision click here.