II 

110TH CONGRESS 

2D SESSION S. 3416 

To amend section 40122(a) of title 49, United States Code, to improve 

the dispute resolution process at the Federal Aviation Administration, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Mr. LAUTENBERG (for himself and Mr. INHOFE) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend section 40122(a) of title 49, United States Code, 

to improve the dispute resolution process at the Federal 

Aviation Administration, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Aviation Ad5 ministration Employee Retention Act’’. 

6 SEC. 2. DISPUTE RESOLUTION. 

7 (a) IN GENERAL.—Section 40122(a) of title 49, 

8 United States Code, is amended— 


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1 (1) by redesignating paragraphs (3) and (4) as 

2 paragraphs (5) and (6), respectively; and 

3 (2) by striking paragraph (2) and inserting the 

4 following: 

5 ‘‘(2) DISPUTE RESOLUTION.— 

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

7 does not reach an agreement under paragraph 

8 (1) or the provisions referred to in subsection 

9 (g)(2)(C) with the exclusive bargaining rep10 resentative of the employees, the Administrator 

11 and the bargaining representative— 

12 ‘‘(i) shall use the services of the Fed13 eral Mediation and Conciliation Service to 

14 attempt to reach such agreement, in ac15 cordance with part 1425 of title 29, Code 

16 of Federal Regulations; or 

17 ‘‘(ii) may, by mutual agreement, 

18 adopt alternative procedures for the resolu19 tion of disputes or impasses arising in the 

20 negotiation of the collective-bargaining 

21 agreement. 

22 ‘‘(B) BINDING ARBITRATION.— 

23 ‘‘(i) ASSISTANCE FROM FEDERAL

24 SERVICE IMPASSES PANEL.—If the services 

25 of the Federal Mediation and Conciliation 


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1 Service under subparagraph (A)(i) do not 

2 lead to an agreement, the Administrator 

3 and the exclusive bargaining representative 

4 of the employees (referred to in this sub5 paragraph as the ‘parties’) shall submit 

6 their issues in controversy to the Federal 

7 Service Impasses Panel, which shall assist 

8 the parties in resolving the impasse by as9 serting jurisdiction and ordering binding 

10 arbitration by a private arbitration board 

11 appointed pursuant to clause (ii). 

12 ‘‘(ii) APPOINTMENT OF ARBITRATION

13 BOARD.— 

14 ‘‘(I) LIST OF ARBITRATORS.— 

15 The Executive Director of the Federal 

16 Service Impasses Panel shall provide 

17 for the appointment of 3 members to 

18 the private arbitration board described 

19 in clause (i) by requesting the Direc20 tor of the Federal Mediation and Con21 ciliation Service to prepare a list of 

22 not fewer than 15 names of arbitra23 tors with Federal sector experience 

24 and by providing the list to the par25 ties. 


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1 ‘‘(II) SELECTION OF ARBITRA2 TORS.—Not later than 10 days after 

3 receiving the list described in sub4 clause (I), each party shall select 1 

5 arbitrator from the list. Not later 

6 than 7 days after these 2 arbitrators 

7 are selected by the parties, the arbi8 trators shall select a third arbitrator 

9 from the list. 

10 ‘‘(III) ALTERNATIVE SELECTION

11 OF ARBITRATORS.—If either party 

12 fails to select an arbitrator or if the 2 

13 selected arbitrators are unable to 

14 agree on the selection of the third ar15 bitrator within 7 days, the parties 

16 shall make the selection by alternately 

17 striking names off the list until 1 ar18 bitrator remains. 

19 ‘‘(iii) FRAMING ISSUES IN CON20 TROVERSY.—If the parties do not agree on 

21 the framing of the issues to be submitted 

22 for arbitration, the arbitration board shall 

23 frame the issues. 

24 ‘‘(iv) HEARINGS.—The arbitration 

25 board shall give the parties a full and fair 


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1 hearing, including an opportunity for each 

2 party to— 

3 ‘‘(I) present evidence in support 

4 of the party’s claims; and 

5 ‘‘(II) present the case in person, 

6 by counsel, or by other representative 

7 selected by the party. 

8 ‘‘(v) DECISIONS.—The arbitration 

9 board shall render its decision not later 

10 than 90 days after the date on which its 

11 final member is appointed. Decisions of the 

12 arbitration board shall be conclusive and 

13 binding upon the parties. 

14 ‘‘(vi) COSTS.—The parties shall equal15 ly share the costs of the arbitration. 

16 ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon 

17 reaching a voluntary agreement or at the conclusion 

18 of the binding arbitration under paragraph (2)(B), 

19 the final agreement, except for those matters de20 cided by the arbitration board, shall be subject to— 

21 ‘‘(A) ratification by the exclusive bar22 gaining representative of the employees, if so 

23 requested by the bargaining representative; and 


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1 ‘‘(B) approval by the head of the agency, 

2 in accordance with the provisions referred to in 

3 subsection (g)(2)(C). 

4 ‘‘(4) ENFORCEMENT.— 

5 ‘‘(A) ENFORCEMENT ACTIONS IN UNITED

6 STATES COURTS.— 

7 ‘‘(i) JURISDICTION.—Each United 

8 States district court and each United 

9 States court of a place subject to the juris10 diction of the United States shall have ju11 risdiction to adjudicate enforcement ac12 tions brought under this section. 

13 ‘‘(ii) JUDICIAL DISTRICT.—An en14 forcement action may be brought under 

15 this section in— 

16 ‘‘(I) any judicial district in the 

17 State in which the violation of this 

18 section is alleged to have been com19 mitted; 

20 ‘‘(II) the judicial district in which 

21 the Federal Aviation Administration 

22 has its principal office; or 

23 ‘‘(III) the District of Columbia. 

24 ‘‘(B) ATTORNEY FEES.—The court may 

25 assess against the Federal Aviation AdministraVerDate Aug 31 2005 01:08 Aug 05, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3416.IS S3416

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1 tion reasonable attorney fees and other litiga2 tion costs reasonably incurred in any case 

3 under this section in which the complainant has 

4 substantially prevailed.’’. 

5 (b) EFFECT OF CHANGES; NEGOTIATIONS.—Any 

6 changes to the personnel management system imple7 mented by the Administrator of the Federal Aviation Ad8 ministration on or after July 10, 2005, under section 

9 40122(a) of title 49, United States Code (as in effect on 

10 the day before the date of the enactment of this Act), with11 out the agreement of the exclusive bargaining representa12 tive of the employees of the Federal Aviation Administra13 tion certified under section 7111 of title 5, United States 

14 Code, shall be null and void. The Administrator and the 

15 bargaining representative shall resume negotiations 

16 promptly, and, subject to subsection (d), the last mutual 

17 agreement before the implementation of such changes 

18 shall be in effect until a new contract is adopted by the 

19 Administrator and the bargaining representative. 

20 (c) ARBITRATION.—If a new agreement is not 

21 reached 45 days after the date on which negotiations re22 sume under subsection (b), the Administrator and the bar23 gaining representative shall submit their issues in con24 troversy to the Federal Service Impasses Panel, in accord25 ance with section 7119 of title 5, United States Code, for 


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1 binding arbitration in accordance with paragraphs (2)(B), 

2 (3), and (4) of section 40122(a) of title 49, United States 

3 Code. 

4 (d) INTERIM AGREEMENT.—If the Administrator and 

5 the exclusive bargaining representative of the employees 

6 subject to the changes referred to in subsection (b) reach 

7 a final and binding agreement with respect to such 

8 changes before the date of the enactment of this Act,— 

9 (1) such agreement shall supersede any changes 

10 implemented by the Administrator under section 

11 40122(a) of title 49, United States Code (as in ef12 fect on the day before such date of enactment) with13 out the agreement of the bargaining representative; 

14 and 

15 (2) subsections (b) and (c) shall not take effect. 

Æ 


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