[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2673 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2673

To amend title 49, United States Code, to facilitate the resolution of 
      disputes between the Administrator of the Federal Aviation 
  Administration and employees of the Administration in the course of 
                        collective negotiations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2007

   Mr. Mica introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to facilitate the resolution of 
      disputes between the Administrator of the Federal Aviation 
  Administration and employees of the Administration in the course of 
                        collective negotiations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Aviation Administration Fair 
Labor Management Act of 2007''.

SEC. 2. IMPASSE PROCEDURES.

    (a) Mediation.--Section 40122(a)(2) of title 49, United States 
Code, is amended by striking the second sentence and all that follows 
and inserting the following: ``If the services of the Federal Mediation 
and Conciliation Service do not lead to an agreement, the provisions of 
subsection (j) shall apply.''.
    (b) Impasse Procedures.--Section 40122 of title 49, United States 
Code, is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following:
    ``(j) Impasse Procedures.--
            ``(1) Certification of negotiation impasse.--If the 
        Administration and the exclusive bargaining representatives of 
        employees of the Administration participate in a mediation 
        process of the Federal Mediation and Conciliation Service with 
        respect to a negotiation under subsection (a) and the Service 
        is unable to resolve a negotiation impasse between the 
        parties--
                    ``(A) the Service shall issue a written 
                certification of the negotiation impasse; and
                    ``(B) not later than 60 days following the date of 
                issuance of the written certification, the parties of 
                the negotiation shall request the Federal Service 
                Impasses Panel described in section 7119 of title 5 to 
                consider the matter.
            ``(2) Authority of federal service impasses panel.--If a 
        negotiation impasse is presented to the Panel under this 
        subsection, the Panel shall investigate and consider the 
        matter, and take actions with respect to the matter, using the 
        authorities of the Panel under section 7119 of title 5 and 
        regulations issued to carry out such section.
            ``(3) Factors.--In providing assistance to resolve a 
        negotiation impasse presented to the Panel under this 
        subsection, the Panel, or any private arbitrator selected 
        pursuant to section 7119(b)(2) of title 5, shall take into 
        consideration, to the extent relevant to the matter and in 
        addition to any other relevant factors, the following:
                    ``(A) The wages, hours, and conditions of 
                employment of the employees involved in the impasse 
                proceeding as compared to the wages, hours, and 
                conditions of employment of--
                            ``(i) employees performing similar 
                        services;
                            ``(ii) employees in positions requiring 
                        similar skills and working under similar 
                        conditions; and
                            ``(iii) other employees generally in public 
                        and private employment in comparable 
                        communities.
                    ``(B) The overall compensation paid to the 
                employees involved in the impasse proceeding, 
                including--
                            ``(i) direct wage compensation;
                            ``(ii) overtime and premium pay;
                            ``(iii) vacations, holidays, and other 
                        excused time;
                            ``(iv) insurance, pensions, medical, and 
                        hospitalization benefits; and
                            ``(v) all other benefits received.
                    ``(C) The financial ability of the Administration 
                to pay, as determined after review of the 
                Administration's current and preceding fiscal year 
                budgets for salaries, operations, and maintenance.
                    ``(D) Changes in the average consumer prices for 
                goods and services, commonly known as the cost of 
                living.
                    ``(E) The peculiarities of the employment of the 
                employees involved in the impasse proceeding as 
                compared to employees in other trades and professions, 
                including hazards of employment, physical 
                qualifications, educational qualifications, mental 
                qualifications, and job training and skills.
                    ``(F) The terms of collective agreements negotiated 
                between the parties involved in the impasse in the past 
                providing for compensation and benefits, including the 
                provisions for--
                            ``(i) salary, insurance, and retirement 
                        benefits;
                            ``(ii) medical and hospitalization 
                        benefits; and
                            ``(iii) paid time off.
                    ``(G) The impact of each proposal for resolving the 
                impasse on--
                            ``(i) the interests and welfare of the 
                        public;
                            ``(ii) the continued provision of services 
                        to the public;
                            ``(iii) the compensation and benefits of 
                        other employee groups and bargaining units of 
                        the Administration; and
                            ``(iv) the air traffic control 
                        modernization efforts of the Administration.
                    ``(H) Such other factors as are normally and 
                customarily considered in determining compensation, 
                benefits, and other conditions of employment in 
                proceedings conducted by the Panel.''.

SEC. 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 
or in impasse on or after May 31, 2007.
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