Faa Pass Collective Bargaining Agreement

In the summer of 2015, the U.S. Office of Personnel Management (OPM) announced that personal data on millions of federal employees and their family members had been stolen in two related cyberattacks. In response to the attacks, one of the unions representing FAA employees proposed (among other things) that the FAA offer, through a particular contractor, credit monitoring services and identity theft insurance for bargaining unit employees and their families. Surveillance services and identity theft insurance apply to both staff and their family members. In addition, the December 1 discussions between Derby and McCrarey focused on only one proposal (i.e. U2). Therefore, I will only assess the Agency`s bargaining obligation with respect to U2. [7] (4) Each agency and each single representative within an appropriate unit of the Agency shall meet through appropriate representatives and negotiate in good faith to reach a collective agreement. . . . Section 7103(a)(12) of the Staff Regulations defines collective bargaining as “the fulfilment of the reciprocal commitment of the representative of an agency and the exclusive representative of the workers in an appropriate unit within the Agency to meet and consult and negotiate in good faith with a view to reaching agreement on the conditions of employment which concern those workers.

. . . This obligation “does not, however, oblige either party to accept a proposal or make concessions”. 5 U.S.C§ 7103(a)(12). While acknowledging that the Authority has never adopted such a principle, the FAA cites several decisions in which the Authority has at least proposed it. In Norfolk Naval Shipyard, 9 FLRA 36 (1981) (Norfolk I), for example, the parties negotiated a CBA, but three months later (even before attempting to ratify the agreement), the Union attempted to renegotiate some of the terms. The Authority found that the Agency had already complied with its negotiating obligation and that, despite the lack of ratification by union members, it was not required to reinstate negotiations on any condition.

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