II 109th CONGRESS 2d Session S. 2201 IN THE SENATE OF THE UNITED STATES January 26, 2006 Mr. Obama (for himself, Mr. Inouye, Mrs. Murray, and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To 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.

1.

Short Title

This Act may be cited as the Federal Aviation Administration Fair Labor Management Dispute Resolution Act of 2006.

2.

Federal Aviation Administration Personnel Management System

Section 40122(a)(2) of title 49, United States Code, is amended to read as follows: (2)

Implementation of disputed plan

(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. .

3.

Effective Date

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.