I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Aviation Ad5 ministration Fair Labor Management Act of 2007’’. 

6 SEC. 2. IMPASSE PROCEDURES. 

7 (a) MEDIATION.—Section 40122(a)(2) of title 49, 

8 United States Code, is amended by striking the second 


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1 sentence and all that follows and inserting the following: 

2 ‘‘If the services of the Federal Mediation and Conciliation 

3 Service do not lead to an agreement, the provisions of sub4 section (j) shall apply.’’. 

5 (b) IMPASSE PROCEDURES.—Section 40122 of title 

6 49, United States Code, is amended— 

7 (1) by redesignating subsection (j) as sub8 section (k); and 

9 (2) by inserting after subsection (i) the fol10 lowing: 

11 ‘‘(j) IMPASSE PROCEDURES.— 

12 ‘‘(1) CERTIFICATION OF NEGOTIATION IM13 PASSE.—If the Administration and the exclusive bar14 gaining representatives of employees of the Adminis15 tration participate in a mediation process of the 

16 Federal Mediation and Conciliation Service with re17 spect to a negotiation under subsection (a) and the 

18 Service is unable to resolve a negotiation impasse be19 tween the parties— 

20 ‘‘(A) the Service shall issue a written cer21 tification of the negotiation impasse; and 

22 ‘‘(B) not later than 60 days following the 

23 date of issuance of the written certification, the 

24 parties of the negotiation shall request the FedVerDate Aug 31 2005 23:12 Jun 13, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2673.IH H2673

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1 eral Service Impasses Panel described in section 

2 7119 of title 5 to consider the matter. 

3 ‘‘(2) AUTHORITY OF FEDERAL SERVICE IM4 PASSES PANEL.—If a negotiation impasse is pre5 sented to the Panel under this subsection, the Panel 

6 shall investigate and consider the matter, and take 

7 actions with respect to the matter, using the au8 thorities of the Panel under section 7119 of title 5 

9 and regulations issued to carry out such section. 

10 ‘‘(3) FACTORS.—In providing assistance to re11 solve a negotiation impasse presented to the Panel 

12 under this subsection, the Panel, or any private arbi13 trator selected pursuant to section 7119(b)(2) of 

14 title 5, shall take into consideration, to the extent 

15 relevant to the matter and in addition to any other 

16 relevant factors, the following: 

17 ‘‘(A) The wages, hours, and conditions of 

18 employment of the employees involved in the 

19 impasse proceeding as compared to the wages, 

20 hours, and conditions of employment of— 

21 ‘‘(i) employees performing similar 

22 services; 

23 ‘‘(ii) employees in positions requiring 

24 similar skills and working under similar 

25 conditions; and 


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1 ‘‘(iii) other employees generally in 

2 public and private employment in com3 parable communities. 

4 ‘‘(B) The overall compensation paid to the 

5 employees involved in the impasse proceeding, 

6 including— 

7 ‘‘(i) direct wage compensation; 

8 ‘‘(ii) overtime and premium pay; 

9 ‘‘(iii) vacations, holidays, and other 

10 excused time; 

11 ‘‘(iv) insurance, pensions, medical, 

12 and hospitalization benefits; and 

13 ‘‘(v) all other benefits received. 

14 ‘‘(C) The financial ability of the Adminis15 tration to pay, as determined after review of the 

16 Administration’s current and preceding fiscal 

17 year budgets for salaries, operations, and main18 tenance. 

19 ‘‘(D) Changes in the average consumer 

20 prices for goods and services, commonly known 

21 as the cost of living. 

22 ‘‘(E) The peculiarities of the employment 

23 of the employees involved in the impasse pro24 ceeding as compared to employees in other 

25 trades and professions, including hazards of 


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1 employment, physical qualifications, educational 

2 qualifications, mental qualifications, and job 

3 training and skills. 

4 ‘‘(F) The terms of collective agreements 

5 negotiated between the parties involved in the 

6 impasse in the past providing for compensation 

7 and benefits, including the provisions for— 

8 ‘‘(i) salary, insurance, and retirement 

9 benefits; 

10 ‘‘(ii) medical and hospitalization bene11 fits; and 

12 ‘‘(iii) paid time off. 

13 ‘‘(G) The impact of each proposal for re14 solving the impasse on— 

15 ‘‘(i) the interests and welfare of the 

16 public; 

17 ‘‘(ii) the continued provision of serv18 ices to the public; 

19 ‘‘(iii) the compensation and benefits of 

20 other employee groups and bargaining 

21 units of the Administration; and 

22 ‘‘(iv) the air traffic control moderniza23 tion efforts of the Administration. 

24 ‘‘(H) Such other factors as are normally 

25 and customarily considered in determining comVerDate Aug 31 2005 23:12 Jun 13, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2673.IH H2673

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1 pensation, benefits, and other conditions of em2 ployment in proceedings conducted by the 

3 Panel.’’. 

4 SEC. 3. EFFECTIVE DATE. 

5 The amendment made by this Act shall apply to 

6 changes described in section 40122(a)(1) of title 49, 

7 United States Code, being negotiated or in impasse on or 

8 after May 31, 2007. 

Æ 


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