MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is entered into between the Federal Aviation Administration (FAA) and the National Association of Air Traffic Specialists (NAATS) in order to resolve some issues concerning the obligation to bargain. The Parties agree it is desirable to continue their current, productive bargaining relationship. The Employer does not desire to eliminate meaningful and appropriate mid-term bargaining between the Parties. The Union does not desire to bargain mid-term issues already addressed in the master agreement or to bargain issues which are insignificant or previously resolved.

Accordingly, the Parties agree:

1. With respect to the Federal Labor Relations Authority (FLRA) three (3) prong test for determining whether a matter is �covered by� or �contained in� the Collective Bargaining Agreement the Parties agree that the second and third prong of the FLRA�s test are hereby waived and will not be used as a defense by either Party.

2. NAATS does not desire to bargain over the impact and implementation of issues that have been resolved collaboratively by the Parties in joint work groups/committees. NAATS does desire to empower its work group/committee representatives in those cases where (1) the work group/committee reaches and executes a written agreement and (2) where the work group/committee members� decision is implemented without modification by the Employer. If the two foregoing requirements are met, the Employer will have satisfied its bargaining obligation. Therefore the Parties agree to the following process for regional or national level joint committee/work groups that meet the two foregoing requirements above. In lieu of the procedures contained in the article on union/management relationships, the Employer may request the Union to designate one (1) or more employees, depending on the significance of the issue(s), to serve as union representative(s) on a regional or national work group(s) or committee(s). Such designation may be subject to facility operational conditions. The Employer will provide the Union with a statement of the necessary qualifications/requirements for participation on the work group or committee and the Union will make every reasonable effort to designate representative(s) that meet these qualifications/requirements. The Union workgroup/committee representative(s) will be on duty time with travel and per diem expense in accordance with appropriate authority.

3. When no joint workgroup or committee is established, the Parties will honor and carry out their traditional notice and negotiation responsibilities prior to the implementation of changes in personnel policies, practices and procedures affecting unit employees not specifically contained in their collective bargaining agreement.

4. Upon the effective date of the successor collective bargaining agreement, all written local, regional or national agreements, memos of understanding, or like documents, except those specifically referenced in the successor agreement, will no longer be valid.

5. No local, regional or individual supplemental agreements will hereafter be authorized on any subject matter expressly contained in the negotiated agreement, unless authorized therein.

6. Any proposals submitted by the Union on any change proposed by the Employer shall relate only to those expressed or specific proposed change(s) as outlined in the Employer�s notice and shall not attempt to repeat, modify or expand issues already �covered by� the existing Agreement. If the Union does not file a timely request for a meeting or submit such timely written proposals, the Employer may implement the change as proposed.

7. The Union at the national level will provide a written list of their facility representatives and regional directors (including their designation, address and telephone numbers) who are authorized to negotiate on behalf of the union as provided by the existing Agreement. The Union will notify the Employer at the appropriate level, in writing, of any subsequent changes.

 

Pro/Con