[Congressional Record Volume 154, Number 130 (Friday, August 1, 2008)]
[Senate]
[Pages S8022-S8023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       THE FEDERAL AVIATION ADMINISTRATION EMPLOYEE RETENTION ACT

  Mr. INHOFE. Mr. President, I was pleased to join Senator Lautenberg 
yesterday in introducing S. 3416, The Federal Aviation Administration 
Employee Retention Act. I am supporting Senator Lautenberg in his 
efforts to correct what I believe is a very unfair process imposed upon 
employees of the Federal Aviation Administration, FAA, by Congress.
  Essentially, S. 3416 will correct the collective bargaining process 
Congress established for FAA employees in the FAA Reauthorization Act 
of 1996--Public Law 104-264--in which we inserted ourselves as 
arbitrators in labor disputes. Under the 1996 act, if the FAA and the 
union with whom they are in negotiation can not reach an agreement, 
then Congress has 60 days to intervene and if we do not, the FAA is 
able to impose its terms on the employees. Mr. President, this is not 
fair, it has not worked and it is time that we correct it.
  In addition to the widely published dispute between the FAA and the 
National Air Traffic Controllers Association, NATCA, the Professional 
Aviation Safety Specialists, PASS, also have been unable to negotiate a 
new contract with the FAA. Furthermore, in my State of Oklahoma, there 
has been an 8-year disagreement between the FAA and the FAA Academy 
Instructors represented by the Professional Association of Aeronautical 
Center Employees, PAACE. It is my understanding from PAACE that FAA has 
basically refused to come to the bargaining table, which has resulted 
in year to year extensions of an 8-year-old contract. This is not 
right.
  The very reasonable procedure established by S. 3416 will provide 
both sides in a labor dispute with a means to resolve disagreements by 
allowing FAA employees the same collective bargaining protections that 
employees covered under the National Labor Relations Board currently 
have. The bill provides the option of resolving disputes through the 
Federal Mediation and Conciliation Service or through mutual agreement 
on an alternative procedure. If no agreement is reached, then matters 
of disagreements will be presented to the Federal Services Impasses 
Panel for binding arbitration.
  Finally, the bill would require both sides go back to the negotiating 
table for any ``personnel management system implemented'' by the FAA 
Administrator on or after July 10, 2005. In

[[Page S8023]]

other words, contract negotiations between FAA, NATCA and PASS are 
restarted with a 45-day deadline. If no agreement is reached, then 
there is an additional 90 days for binding arbitration.
  As a pilot I am well acquainted with the exceptional work done by the 
employees of the FAA and I know firsthand that our aviation system is 
only as good as these employees. They deserve the right to bargain in 
good faith on their employment contracts. This bill will give them that 
opportunity.
  Thank you, Senator Lautenberg, for introducing this bill, and I hope 
we get an opportunity to debate it very soon.

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