I 

109TH CONGRESS 

2D SESSION H. R. 4755 

To amend title 49, United States Code, to modify the mediation and implementation requirements of section 40122 regarding changes in the Federal Aviation Administration personnel management system, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2006 

Mrs. KELLY (for herself, Mr. COSTELLO, Mr. KING of New York, Mr. DAVIS

of Kentucky, Mr. ENGLISH of Pennsylvania, Mr. WALSH, Mr. NEY, Mr. 

LOBIONDO, Mr. SWEENEY, Mr. SIMMONS, Mr. RENZI, Mr. MCHUGH, Mr. 

GERLACH, Mr. BOEHLERT, Mrs. EMERSON, Mr. DEFAZIO, Ms. BERKLEY, Mr. PASCRELL, Mr. SALAZAR, Mr. HOLDEN, Mr. ANDREWS, Mr. 

SCHIFF, Mr. BISHOP of New York, Mr. CONYERS, Mr. HONDA, Mr. 

PALLONE, Mr. PASTOR, Mr. MICHAUD, Mr. BOSWELL, Ms. BEAN, Mr. 

DAVIS of Illinois, and Mr. LARSEN of Washington) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend title 49, United States Code, to modify the mediation and implementation requirements of section 40122 

regarding changes in the Federal Aviation Administration personnel management system, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Aviation Ad3 ministration Fair Labor Management Dispute Resolution 

4 Act of 2006’’. 

5 SEC. 2. FEDERAL AVIATION ADMINISTRATION PERSONNEL 

6 MANAGEMENT SYSTEM. 

7 Section 40122(a)(2) of title 49, United States Code, 

8 is amended to read as follows: 

9 ‘‘(2) IMPLEMENTATION OF DISPUTED PLAN.— 

10 ‘‘(A) MEDIATION.—If the Administrator 

11 does not reach an agreement under paragraph 

12 (1) with the exclusive bargaining representa13 tives, the services of the Federal Mediation and 

14 Conciliation Service shall be used to attempt to 

15 reach such agreement. 

16 ‘‘(B) CONGRESSIONAL ACTION.—If the 

17 services of the Federal Mediation and Concilia18 tion Service do not lead to an agreement, the 

19 Administrator shall transmit to the Senate and 

20 the House of Representatives the proposed 

21 change to the personnel management system, 

22 together with the objections of the exclusive 

23 bargaining representatives to the change and 

24 the reasons for such objections. The Adminis25 trator may not implement the proposed change 

26 unless a bill is enacted into law that specifically 


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1 authorizes the change during the 60-day period 

2 beginning on the date on which both Houses of 

3 Congress receive the proposed change trans4 mitted by the Administrator. For purposes of 

5 this subparagraph, the 60-day period shall not 

6 include any period during which Congress has 

7 adjourned sine die. 

8 ‘‘(C) BINDING ARBITRATION.—If a bill de9 scribed in subparagraph (B) is not enacted into 

10 law within the 60-day period, the Administrator 

11 and the bargaining representatives shall submit 

12 the proposed change to binding arbitration in 

13 accordance with the provisions of subchapter IV 

14 of chapter 5 of title 5, United States Code.’’. 

15 SEC. 3. EFFECTIVE DATE. 

16 The amendment made by this Act shall apply to 

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

18 United States Code, being negotiated on or after the date 

19 of the introduction of this Act. 

Æ 


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