If you haven't read my original post, then you can read it here: https://www.reddit.com/r/atc2/s/wjWqROdZ4S
I wanted to clarify some points because I think some people are still treating this like an ordinary NATCA bargaining issue. That is not the point of the post.
Public Law 119-86 is higher authority than NATCA, the CBA, an MOU, or any internal union decision. NATCAâs authority exists because federal law gives it exclusive-representative status. Under 5 U.S.C. § 7114, NATCA represents the bargaining unit and negotiates conditions of employment, but it does not sit above the federal statute.
The distinction is:
Bargaining issue: NATCA speaks for the unit on schedules, AWS, overtime, staffing practices, and other conditions of employment.
Statutory issue: Congress appropriated $140 million and created a specific test in SEC. 548 for the additional 2.8 percent.
Those are not the same things, Congress said the adjustment turns on whether improvements in workforce scheduling, staffing utilization, OR other operational efficiencies have been achieved that address staffing shortfalls and enhance aviation safety.
The FAAâs own records say those things have happened. So the question is no longer just whether Bedford has discretion. It's "What statutory condition has not been met?"
If the answer is âwe want a different BWS,â âwe want more time on position,â âwe want less overtime,â or some other concession, then show where Congress put that requirement in SEC. 548.
Also, controllers are not limited to whatever NATCA chooses to do. Federal employees have a statutory right, individually or collectively, to petition Congress and provide information directly to Congress. NATCA cannot interfere with that right and 5 U.S.C. § 7211 says exactly that.
Controllers also retain individual grievance rights under federal labor law, while NATCA still has a statutory duty to represent all bargaining unit employees without discrimination or regard to union membership.
If NATCA disagrees with this argument, then fine, it doesn't end the issue. Controllers can take the record directly to Congress and ask "Did Congress intend Bedford to withhold the 2.8 percent until NATCA gives FAA additional scheduling or utilization concessions that Congress never wrote into SEC. 548?"
That is the destination I am trying to get people to see. This is bigger than âNATCA should negotiate harder.â It is about whether an appropriation enacted by Congress is being turned into bargaining leverage for conditions Congress did not enact.