II 

110TH CONGRESS 

1ST SESSION S. 1735 

To amend title 49, United States Code, to improve dispute resolution provisions related to the Federal Aviation Administration personnel management system. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2007 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to improve dispute 

resolution provisions related to the Federal Aviation Administration personnel management system. 

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

3 SECTION 1. IMPROVEMENT OF DISPUTE RESOLUTION PRO4 VISIONS RELATED TO FEDERAL AVIATION 

5 ADMINISTRATION PERSONNEL MANAGEMENT 

6 SYSTEM. 

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

8 United States Code, is amended to read as follows: 

9 ‘‘(2) DISPUTE RESOLUTION.— 


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

2 does not reach an agreement under paragraph 

3 (1) or subsection (g)(2)(C) with the exclusive 

4 bargaining representatives, the services of the 

5 Federal Mediation and Conciliation Service 

6 shall be used to attempt to reach such agree7 ment in accordance with part 1425 of title 29, 

8 Code of Federal Regulations. The Adminis9 trator and bargaining representatives may by 

10 mutual agreement adopt procedures for the res11 olution of disputes or impasses arising in the 

12 negotiation of a collective-bargaining agree13 ment. 

14 ‘‘(B) BINDING ARBITRATION.— 

15 ‘‘(i) IN GENERAL.—If the services of 

16 the Federal Mediation and Conciliation 

17 Service under subparagraph (A) do not 

18 lead to an agreement, the Administrator 

19 and the bargaining representatives shall 

20 submit their issues in controversy to the 

21 Federal Service Impasses Panel in accord22 ance with section 7119 of title 5. 

23 ‘‘(ii) ASSISTANCE BY FEDERAL SERV24 ICE IMPASSES PANEL.—The Federal Serv25 ice Impasses Panel shall assist the parties 


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1 in resolving the impasse by asserting juris2 diction and ordering binding arbitration by 

3 a private arbitration board consisting of 3 

4 members in accordance with section 

5 2471.6(a)(2)(ii) of title 5, Code of Federal 

6 Regulations. 

7 ‘‘(iii) SELECTION OF ARBITRATORS.— 

8 The executive director of the Federal Serv9 ice Impasses Panel shall request a list of 

10 not less than 15 names of arbitrators with 

11 Federal sector experience from the director 

12 of the Federal Mediation and Conciliation 

13 Service to be provided to the Administrator 

14 and the bargaining representatives. Not 

15 later than 10 days after the executive di16 rector receives the list, each party shall 

17 each select an arbitrator. The 2 selected 

18 arbitrators shall then select a third arbi19 trator from the list within 7 days. If the 2 

20 arbitrators are unable to agree on selection 

21 of the third arbitrator, the parties shall se22 lect the third arbitrator by alternately 

23 striking names from the list until only 1 

24 name remains. 


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1 ‘‘(iv) FRAMING THE ISSUES.—If the 

2 parties do not agree on how to frame the 

3 issues to be submitted for arbitration, the 

4 arbitration board shall frame the issues. 

5 ‘‘(v) FULL AND FAIR HEARING.—The 

6 arbitration board shall give the parties a 

7 full and fair hearing, including an oppor8 tunity to present evidence in support of 

9 their claims, and an opportunity to present 

10 their case in person, by counsel, or by 

11 other representative as they may elect. 

12 ‘‘(vi) CONCLUSIVE AND BINDING DE13 CISIONS.—A decision of the arbitration 

14 board shall be conclusive and binding upon 

15 the parties of the arbitration. 

16 ‘‘(vii) TIMING OF DECISION.—Not 

17 later than 90 days after the date of the ap18 pointment of the arbitration board, the ar19 bitration board shall render a decision. 

20 ‘‘(viii) COST SHARING.—The Adminis21 trator and the bargaining representative 

22 shall share the costs of the arbitration 

23 equally. 


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1 ‘‘(ix) CONSIDERATIONS.—The arbitra2 tion board shall consider the effect of its 

3 arbitration decisions on— 

4 ‘‘(I) the ability of the Adminis5 trator to attract and retain a qualified 

6 workforce; and 

7 ‘‘(II) the budget of the Federal 

8 Aviation Administration. 

9 ‘‘(C) EFFECT.—Upon reaching a voluntary 

10 agreement or at the conclusion of the binding 

11 arbitration under subparagraph (B), the final 

12 agreement, except for those matters decided by 

13 the arbitration board, shall be subject to ratifi14 cation by the exclusive representative, if so re15 quested by the exclusive representative, and ap16 proval by the head of the agency in accordance 

17 with subsection (g)(2)(C). 

18 ‘‘(D) ENFORCEMENT.—Enforcement of the 

19 provisions of this paragraph, and any agree20 ment hereunder, shall be in the United States 

21 District Court for the District of Columbia.’’. 

22 (b) EFFECTIVE DATE.—Paragraph (2) of section 

23 40122(a) of title 49, United States Code, as amended by 


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1 subsection (a), shall apply to disputes described in section 

2 40122 of such title arising on or after July 10, 2005. 

Æ 


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