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.