Three Democratic members of the US Senate have introduced legislation that may impose additional oversight and controls on the FAA if they fail to reach an agreement with the National Air Traffic Controllers Association. NATCA is aggressively trumpeting this proposed legislation as a victory in their long-running and contentious dispute with FAA over what a number of Washington wags have described as "the contract negotiation from hell." NATCA has waged a vociferous battle through the media, making a number of dramatic charges against the FAA (a fair number of which are questionable), in an apparent ploy to win sympathy for their dispute and their version of a contract that the FAA asserts it (and the citizenry) can not afford.

Scheduled to be introduced today by Senators Barack Obama, D-Ill., Patty Murray, D-Wash., and Frank Lautenberg, D-N.J., the Bill would "...amend title 49, United States Code, to modify the mediation and implementation requirements of section 40122 regarding changes in the Federal Aviation Administration personnel management system, and for other purposes."

The bill is entitled "Federal Aviation Administration Fair Labor Management Dispute Resolution Act of 2006." In the event of an impasse, the plan allows for three possible courses of action...

(A) MEDIATION—If the Administrator does not reach an agreement under paragraph (1) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement.

B) CONGRESSIONAL ACTION—If the services of the Federal Mediation and Conciliation Service do not lead to an agreement, the Administrator shall transmit to the Senate and the House of Representatives the proposed change to the personnel management system, together with the objections of the exclusive bargaining representatives to the change and the reasons for such objections. The Administrator may not implement the proposed change unless a bill is enacted into law that specifically authorizes the change during the 60-day period beginning on the date on which both Houses of Congress receive the proposed change transmitted by the Administrator. For purposes of this subparagraph, the 60-day period shall not include any period during which Congress has adjourned sine die.

(C) BINDING ARBITRATION—If a bill described in subparagraph (B) is not enacted into law within the 60-day period, the Administrator and the bargaining representatives shall submit the proposed change to binding arbitration in accordance with the provisions of subchapter IV of chapter 5 of title 5, United States Code."

If enacted, the amendment "made by this Act shall apply to changes described in section 40122(a)(1) of title 49, United States Code, being negotiated on or after the date of the introduction of this Act."

FMI: www.senate.gov, www.faa.gov, www.natca.org