II 110th CONGRESS 1st Session S. 1735 IN THE SENATE OF THE UNITED STATES June 28, 2007 Mr. Schumer 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 improve dispute resolution provisions related to the Federal Aviation Administration personnel management system.

1.

Improvement of dispute resolution provisions related to Federal Aviation Administration personnel management system

(a)

In general

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

Dispute resolution

(A)

Mediation

If the Administrator does not reach an agreement under paragraph (1) or subsection (g)(2)(C) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations. The Administrator and bargaining representatives may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement. (B)

Binding arbitration

(i)

In general

If the services of the Federal Mediation and Conciliation Service under subparagraph (A) do not lead to an agreement, the Administrator and the bargaining representatives shall submit their issues in controversy to the Federal Service Impasses Panel in accordance with section 7119 of title 5. (ii)

Assistance by Federal Service Impasses Panel

The Federal Service Impasses Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members in accordance with section 2471.6(a)(2)(ii) of title 5, Code of Federal Regulations. (iii)

Selection of arbitrators

The executive director of the Federal Service Impasses Panel shall request a list of not less than 15 names of arbitrators with Federal sector experience from the director of the Federal Mediation and Conciliation Service to be provided to the Administrator and the bargaining representatives. Not later than 10 days after the executive director receives the list, each party shall each select an arbitrator. The 2 selected arbitrators shall then select a third arbitrator from the list within 7 days. If the 2 arbitrators are unable to agree on selection of the third arbitrator, the parties shall select the third arbitrator by alternately striking names from the list until only 1 name remains. (iv)

Framing the issues

If the parties do not agree on how to frame the issues to be submitted for arbitration, the arbitration board shall frame the issues. (v)

Full and fair hearing

The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel, or by other representative as they may elect. (vi)

Conclusive and binding decisions

A decision of the arbitration board shall be conclusive and binding upon the parties of the arbitration. (vii)

Timing of decision

Not later than 90 days after the date of the appointment of the arbitration board, the arbitration board shall render a decision. (viii)

Cost sharing

The Administrator and the bargaining representative shall share the costs of the arbitration equally. (ix)

Considerations

The arbitration board shall consider the effect of its arbitration decisions on— (I)the ability of the Administrator to attract and retain a qualified workforce; and (II)the budget of the Federal Aviation Administration. (C)

Effect

Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under subparagraph (B), the final agreement, except for those matters decided by the arbitration board, shall be subject to ratification by the exclusive representative, if so requested by the exclusive representative, and approval by the head of the agency in accordance with subsection (g)(2)(C). (D)

Enforcement

Enforcement of the provisions of this paragraph, and any agreement hereunder, shall be in the United States District Court for the District of Columbia. . (b)

Effective date

Paragraph (2) of section 40122(a) of title 49, United States Code, as amended by subsection (a), shall apply to disputes described in section 40122 of such title arising on or after July 10, 2005.