Dispute resolution

(a)

In general

Section 40122(a) of title 49, United States Code, is amended— (1)by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (2)by striking paragraph (2) and inserting the following:

(2)

Dispute resolution

(A)

Mediation

If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative— (i)shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement, in accordance with part 1425 of title 29, Code of Federal Regulations; or (ii)may, by mutual agreement, adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement. (B)

Binding arbitration

(i)

Assistance from Federal service impasses panel

If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to an agreement, the Administrator and the exclusive bargaining representative of the employees (referred to in this subparagraph as the parties) shall submit their issues in controversy to the Federal Service Impasses Panel, which shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board appointed pursuant to clause (ii). (ii)

Appointment of arbitration board

(I)

List of arbitrators

The Executive Director of the Federal Service Impasses Panel shall provide for the appointment of 3 members to the private arbitration board described in clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not fewer than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. (II)

Selection of arbitrators

Not later than 10 days after receiving the list described in subclause (I), each party shall select 1 arbitrator from the list. Not later than 7 days after these 2 arbitrators are selected by the parties, the arbitrators shall select a third arbitrator from the list. (III)

Alternative selection of arbitrators

If either party fails to select an arbitrator or if the 2 selected arbitrators are unable to agree on the selection of the third arbitrator within 7 days, the parties shall make the selection by alternately striking names off the list until 1 arbitrator remains. (iii)

Framing issues in controversy

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

Hearings

The arbitration board shall give the parties a full and fair hearing, including an opportunity for each party to— (I)present evidence in support of the party’s claims; and (II)present the case in person, by counsel, or by other representative selected by the party. (v)

Decisions

The arbitration board shall render its decision not later than 90 days after the date on which its final member is appointed. Decisions of the arbitration board shall be conclusive and binding upon the parties. (vi)

Costs

The parties shall equally share the costs of the arbitration. (3)

Ratification of agreements

Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(B), the final agreement, except for those matters decided by the arbitration board, shall be subject to— (A)ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative; and (B)approval by the head of the agency, in accordance with the provisions referred to in subsection (g)(2)(C). (4)

Enforcement

(A)

Enforcement actions in United States courts

(i)

Jurisdiction

Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction to adjudicate enforcement actions brought under this section. (ii)

Judicial district

An enforcement action may be brought under this section in— (I)any judicial district in the State in which the violation of this section is alleged to have been committed; (II)the judicial district in which the Federal Aviation Administration has its principal office; or (III)the District of Columbia. (B)

Attorney fees

The court may assess against the Federal Aviation Administration reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.

(b)

Effect of changes; negotiations

Any changes to the personnel management system implemented by the Administrator of the Federal Aviation Administration on or after July 10, 2005, under section 40122(a) of title 49, United States Code (as in effect on the day before the date of the enactment of this Act), without the agreement of the exclusive bargaining representative of the employees of the Federal Aviation Administration certified under section 7111 of title 5, United States Code, shall be null and void. The Administrator and the bargaining representative shall resume negotiations promptly, and, subject to subsection (d), the last mutual agreement before the implementation of such changes shall be in effect until a new contract is adopted by the Administrator and the bargaining representative. (c)

Arbitration

If a new agreement is not reached 45 days after the date on which negotiations resume under subsection (b), the Administrator and the bargaining representative shall submit their issues in controversy to the Federal Service Impasses Panel, in accordance with section 7119 of title 5, United States Code, for binding arbitration in accordance with paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United States Code. (d)

Interim agreement

If the Administrator and the exclusive bargaining representative of the employees subject to the changes referred to in subsection (b) reach a final and binding agreement with respect to such changes before the date of the enactment of this Act,— (1)such agreement shall supersede any changes implemented by the Administrator under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment) without the agreement of the bargaining representative; and (2)subsections (b) and (c) shall not take effect.