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Q: PROVISIONS RELATED TO
FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.

(a) In General.--Section 40122(a)(2) of title 49, United States
Code, is amended to read as follows:
''(2) Dispute resolution.--
''(A) Mediation.--If the Administrator does not
reach an agreement under paragraph (1) or subsection
(g)(2)(C) with the exclusive bargaining
representatives, the services of the Federal Mediation
and Conciliation Service shall be used to attempt to
reach such agreement in accordance with part 1425 of
title 29, Code of Federal Regulations. The
Administrator and bargaining representatives may by
mutual agreement adopt procedures for the resolution of
disputes or impasses arising in the negotiation of a
collective-bargaining agreement.
''(B) Binding arbitration.--
''(i) In general.--If the services of the
Federal Mediation and Conciliation Service
under subparagraph (A) do not lead to an
agreement, the Administrator and the bargaining
representatives shall submit their issues in
controversy to the Federal Service Impasses
Panel in accordance with section 7119 of title
5.
''(ii) Assistance by federal service
impasses panel.--The Federal Service Impasses
Panel shall assist the parties in resolving the
impasse by asserting jurisdiction and ordering
binding arbitration by a private arbitration
board consisting of 3 members in accordance
with section 2471.6(a)(2)(ii) of title 5, Code
of Federal Regulations.
''(iii) Selection of arbitrators.--The
executive director of the Federal Service
Impasses Panel shall request a list of not less
than 15 names of arbitrators with Federal
sector experience from the director of the
Federal Mediation and Conciliation Service to
be provided to the Administrator and the
bargaining representatives. Not later than 10
days after the executive director receives the
list, each party shall each select an
arbitrator. The 2 selected arbitrators shall
then select a third arbitrator from the list
within 7 days. If the 2 arbitrators are unable
to agree on selection of the third arbitrator,
the parties shall select the third arbitrator
by alternately striking names from the list
until only 1 name remains.
''(iv) Framing the issues.--If the parties
do not agree on how to frame the issues to be
submitted for arbitration, the arbitration
board shall frame the issues.
''(v) Full and fair hearing.--The
arbitration board shall give the parties a full
and fair hearing, including an opportunity to
present evidence in support of their claims,
and an opportunity to present their case in
person, by counsel, or by other representative
as they may elect.
''(vi) Conclusive and binding decisions.--A
decision of the arbitration board shall be
conclusive and binding upon the parties of the
arbitration.
''(vii) Timing of decision.--Not later than
90 days after the date of the appointment of
the arbitration board, the arbitration board
shall render a decision.
''(viii) Cost sharing.--The Administrator
and the bargaining representative shall share
the costs of the arbitration equally.
''(ix) Considerations.--The arbitration
board shall consider the effect of its
arbitration decisions on--
''(I) the ability of the
Administrator to attract and retain a
qualified workforce; and
''(II) the budget of the Federal
Aviation Administration.
''(C) Effect.--Upon reaching a voluntary agreement
or at the conclusion of the binding arbitration under
subparagraph (B), the final agreement, except for those
matters decided by the arbitration board, shall be
subject to ratification by the exclusive
representative, if so requested by the exclusive
representative, and approval by the head of the agency
in accordance with subsection (g)(2)(C).
''(D) Enforcement.--Enforcement of the provisions
of this paragraph, and any agreement hereunder, shall
be in the United States District Court for the District
of Columbia.''.
(b) Effective Date.--Paragraph (2) of section 40122(a) of title 49,
United States Code, as amended by subsection (a), shall apply to
disputes described in section 40122 of such title arising on or after
July 10, 2005.
A:
Provides that, with respect to disputes arising after July 10, 2005, between the Administrator of the Federal Aviation Administration (FAA) and its employees in attempting to reach an agreement concerning the implementation of proposed changes to the FAA personnel management system: (1) the services of the Federal Mediation and Conciliation Service (FMCS) shall be used; (2) the Administrator and employees may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement; and (3) if the services of the FMCS have led to an impasse between the FAA and its employees in reaching an agreement with respect to implementing the proposed changes, the FAA Administrator and employees shall submit their controversy to the Federal Service Impasses Panel for binding arbitration. (Under current law, the services of the FMCS shall be used and, if the services of the FMCS do not lead to an agreement, the Administrator's proposed change to the personnel management system shall not take effect until 60 days have elapsed after the Administrator has transmitted the proposed changes, along with the objections of the employees to the changes, and the reasons for such objections, to Congress.)