Federal Manager's Daily Report

The House has voted 271 to 148 in favor of legislation reopening labor contract negotiations between the Federal Aviation Administration and the 15,000-member air traffic controller’s union — but in this latest chapter in the tug-of-war over pay and benefits stretching back to last July, the bill fell short of the 290 votes needed for passage under suspended procedural rules in the House.

The situation with FAA and the National Air Traffic Controllers Union illustrates the complexities of creating and administering agency-specific pay systems as well as the potential for outside forces to attempt to influence outcomes. The stakes are especially high at FAA since the controllers are one of the few groups of non-postal federal employees allowed to bargain over pay.

The union’s president, John Carr, said the vote was a clear sign of support for ongoing negotiations, and he criticized the Department of Transportation and conservative groups for lobbying congressional offices in a bid to sway the vote.

The White House issued a statement before the vote saying it would veto the bill if it passed for a number of reasons, including that the bill raised legal questions, that controllers already receive high enough pay, and that it would increase budget pressure as well as drain funds from the modernization of the air traffic control system.

FAA walked out on talks two months ago after the two parties failed to bridge a $500 million gap in savings between their two proposals. The union proposed $1.4 billion in savings and the agency $1.9 billion.

Congress had 60 days to intervene before the agency’s last proposal took effect and after FAA announced it would implement its proposal–exactly when various provisions would be effective is yet to be determined–the House took up legislation introduced by Rep. Steve LaTourette, R-Ohio, which would have restarted negotiations.

LaTourette warned of a “mass exodus of skilled air traffic controllers,” because “financial disincentives in the FAA’s contract could cause one in four, or about 4,000, veteran controllers to retire.” He said that could also hurt employee recruitment and even the safety of the system. About 10,000 controllers are expected to retire over the next few years.

“The phase-in will be handled in a deliberate and orderly manner, and we will ensure that air traffic managers and supervisors are well trained to implement these provisions and to answer questions from the workforce as they arise,” said FAA administrator Marion C. Blakey.

NATCA vowed to continue fighting the agency’s decision to move forward, and there’s every chance this could wind up in court.