Legislation & Politics

AFSCME Urges Bargaining Rights for FAA Employees

May 15, 2007

Members of Commerce, Science and Transportation Committee
Aviation Operations, Safety and Security Subcommittee
United States Senate
Washington, DC 20510

Dear Senator:

      On behalf of the 1.4 million members of the American Federation of State, County and Municipal Employees (AFSCME) and the thousands of Federal Aviation Administration (FAA) employees that we represent, I am writing to urge you to support language in the Senate FAA reauthorization legislation, S. 1300, which would bring basic fairness to the flawed labor- management relations process at the FAA.   

     Section 313, FAA Personnel Management System, of the reauthorization bill would finally bring a modicum of balance and fairness to the bargaining process at FAA.  Unlike the present system where the FAA has the authority to completely ignore employees and unilaterally impose compensation and work rules, the proposed new system set forth in the legislation provides for binding arbitration by a panel of impartial decision-makers under a well established federal arbitration framework.  

      Senator DeMint will offer an amendment to strike Section 313 and we urge you to reject this amendment.  Under the present hybrid negotiation system set up in 1995, Congress had mandated in the FY '96 Department of Transportation appropriations bill (PL 104-50) that FAA develop a new personnel system in "consultation" with its employees. The law provided for an exemption from Title 5, United States Code of the civil service personnel law and eliminated union representation and negotiation rights and even the right of employees to join a union. Congress subsequently corrected this situation and restored union representation rights, directing FAA to "bargain" with the exclusive bargaining representative of the employees.  However, the law provided for a flawed process for mediation of negotiation impasses.  After availing itself of the services of the Federal Mediation and Conciliation Service to mediate a dispute, FAA management could simply wait 60 days and then take its proposed changes to Congress for their review.  At the end of the 60-day period, FAA, without congressional intervention, was free to implement work rules and terms and conditions of employment with no regard for the union’s or employees’ rights.
  
      The FAA personnel system is broken with employee morale at an all time low and increasing numbers of employees opting to leave.  It is necessary for Congress to intervene and restore balance and fairness to the bargaining process.  Accordingly, I urge your support for Section 313 of this important legislation.
                                            

Sincerely,

Charles M. Loveless
Director of Legislation


 

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