Las Vegas, NV
(Submitted by the American Federation of State, County and Municipal Employees)
BACKGROUND
In 1996, Congress passed the Federal Aviation Administration (FAA) Personnel Reform Act exempting FAA from certain civil service laws, thus allowing represented employees to negotiate over wages. In 1999 and in 2000, the American Federation of State, County and Municipal Employees (AFSCME) won representation rights for over 2,000 FAA Headquarters employees.
Pursuant to this congressional mandate, in 2000, AFSCME and FAA commenced bargaining over wages and working conditions and, in 2001, reached an historic agreement on all aspects of bargaining, including wages and working conditions. The chief negotiators for AFSCME and FAA signed off on the agreement and it was approved by then?Secretary of Transportation Rodney Slater with FAA Administrator Jane Garvey concurring. Subsequently, AFSCME?represented FAA members ratified the agreement.
Unfortunately, concerns by the Bush Administration's Office of Management and Budget (OMB) have impeded the implementation of this agreement. The OMB is not a party to this agreement and is not required under the FAA Reform Act to approve any contract. In fact, OMB's hesitation and delay is a gross and unjust breach of the collective bargaining process. The OMB is clearly violating labor law by inappropriately interfering in an agreement that was mutually agreed upon by both parties.
As a result of the FAA's failure to implement the agreement, an unfair labor practice charge was filed with the Federal Labor Relations Authority (FLRA) against the FAA by AFSCME. The FLRA found sufficient evidence to issue a complaint charging the FAA for engaging in "bad faith" bargaining.
Additionally, the Professional Airways Systems Specialists (PASS) has represented FAA employees since 1977. With the advent of FAA Personnel Reform, PASS, likewise, has been negotiating with FAA over wages. In July of 2000, a negotiated contract, including wages, was implemented for one of the PASS bargaining units. Since the FAA's refusal to implement the 2001 agreement reached with AFSCME, the FAA's negotiators have claimed they need OMB's concurrence to bargain wages with the remaining four PASS bargaining units. Because of the OMB interfering in the collective bargaining process, some 5,000 PASS-represented employees have not been able to secure a negotiated wage agreement with the FAA.
A strong FAA is needed more than ever. The healthy spirit of cooperation and respect that is embodied in agreements--such as that reached by AFSCME and the FAA and that which is sought by PASS with the FAA--are crucial in helping the FAA and the entire nation meet the great challenges we currently face.
RESOLUTION
WHEREAS, as a result of the FAA Reform Act, since April 1, 1996, unionized employees at the Federal Aviation Administration (FAA), Department of Transportation (DOT), have statutory authority to collectively bargain with the FAA over wages; and,
WHEREAS, the Bush Administration's Office of Management and Budget (OMB) has inappropriately and without statutory authority interfered in the collective bargaining process with the FAA claiming that it requires OMB concurrence to implement negotiated wage agreements; and,
WHEREAS, nearly 7,000 employees represented by the American Federation of State, County and Municipal Employees (AFSCME) and the Professional Airways Systems Specialists (PASS) have been denied the statutory right to negotiate and implement agreements with management representatives having the authority to fully bargain;
Now, therefore, be it RESOLVED that, the AFL-CIO and its affiliated unions call on the Bush Administration to demand that the FAA:
1. Immediately implement the agreement it has already negotiated with AFSCME; and
2. Immediately negotiate through authorized FAA officials with PASS over wages.