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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Aviation Ad-
ministration Fair Labor Management Act of 2007’’. 
SEC. 2. IMPASSE PROCEDURES. 
(a) MEDIATION.—Section 40122(a)(2) of title 49, 
United States Code, is amended by striking the second 
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sentence and all that follows and inserting the following: 
‘‘If the services of the Federal Mediation and Conciliation 
Service do not lead to an agreement, the provisions of sub-
section (j) shall apply.’’. 
(b) IMPASSE PROCEDURES.—Section 40122 of title 
49, United States Code, is amended— 
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) IMPASSE PROCEDURES.— 
‘‘(1) CERTIFICATION
OF
NEGOTIATION
IM-
PASSE.—If the Administration and the exclusive bar-
gaining representatives of employees of the Adminis-
tration participate in a mediation process of the 
Federal Mediation and Conciliation Service with re-
spect to a negotiation under subsection (a) and the 
Service is unable to resolve a negotiation impasse be-
tween the parties— 
‘‘(A) the Service shall issue a written cer-
tification of the negotiation impasse; and 
‘‘(B) not later than 60 days following the 
date of issuance of the written certification, the 
parties of the negotiation shall request the Fed-
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eral Service Impasses Panel described in section 
7119 of title 5 to consider the matter. 
‘‘(2) AUTHORITY
OF
FEDERAL
SERVICE
IM-
PASSES
PANEL.—If a negotiation impasse is pre-
sented to the Panel under this subsection, the Panel 
shall investigate and consider the matter, and take 
actions with respect to the matter, using the au-
thorities of the Panel under section 7119 of title 5 
and regulations issued to carry out such section. 
‘‘(3) FACTORS.—In providing assistance to re-
solve a negotiation impasse presented to the Panel 
under this subsection, the Panel, or any private arbi-
trator selected pursuant to section 7119(b)(2) of 
title 5, shall take into consideration, to the extent 
relevant to the matter and in addition to any other 
relevant factors, the following: 
‘‘(A) The wages, hours, and conditions of 
employment of the employees involved in the 
impasse proceeding as compared to the wages, 
hours, and conditions of employment of— 
‘‘(i) employees performing similar 
services; 
‘‘(ii) employees in positions requiring 
similar skills and working under similar 
conditions; and 
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‘‘(iii) other employees generally in 
public and private employment in com-
parable communities. 
‘‘(B) The overall compensation paid to the 
employees involved in the impasse proceeding, 
including— 
‘‘(i) direct wage compensation; 
‘‘(ii) overtime and premium pay; 
‘‘(iii) vacations, holidays, and other 
excused time; 
‘‘(iv) insurance, pensions, medical, 
and hospitalization benefits; and 
‘‘(v) all other benefits received. 
‘‘(C) The financial ability of the Adminis-
tration to pay, as determined after review of the 
Administration’s current and preceding fiscal 
year budgets for salaries, operations, and main-
tenance. 
‘‘(D) Changes in the average consumer 
prices for goods and services, commonly known 
as the cost of living. 
‘‘(E) The peculiarities of the employment 
of the employees involved in the impasse pro-
ceeding as compared to employees in other 
trades and professions, including hazards of 
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employment, physical qualifications, educational 
qualifications, mental qualifications, and job 
training and skills. 
‘‘(F) The terms of collective agreements 
negotiated between the parties involved in the 
impasse in the past providing for compensation 
and benefits, including the provisions for— 
‘‘(i) salary, insurance, and retirement 
benefits; 
‘‘(ii) medical and hospitalization bene-
fits; and 
‘‘(iii) paid time off. 
‘‘(G) The impact of each proposal for re-
solving the impasse on— 
‘‘(i) the interests and welfare of the 
public; 
‘‘(ii) the continued provision of serv-
ices to the public; 
‘‘(iii) the compensation and benefits of 
other employee groups and bargaining 
units of the Administration; and 
‘‘(iv) the air traffic control moderniza-
tion efforts of the Administration. 
‘‘(H) Such other factors as are normally 
and customarily considered in determining com-
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pensation, benefits, and other conditions of em-
ployment in proceedings conducted by the 
Panel.’’. 
SEC. 3. EFFECTIVE DATE. 
The amendment made by this Act shall apply to 
changes described in section 40122(a)(1) of title 49, 
United States Code, being negotiated or in impasse on or 
after May 31, 2007. 
Æ 
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