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NATCA To FAA On How To Solve Pending Grievances: Restore 2003 Agreement, Complete Negotiations and Ratify Successor Agreement


The following is a letter sent Friday by NATCA President Patrick Forrey to FAA's Joseph Miniace:


July 11, 2008

Joseph Miniace
Deputy Assistant Administrator
for Human Resource Management
Federal Aviation Administration
800 Independence Ave., SW
Washington, DC 20591


Dear Mr. Miniace,

As you know, NATCA disagrees with your assertion that its grievances have “been rendered procedurally and jurisdictionally defective in light of the dismissals of the union’s unfair labor practice charges.” NATCA continues to maintain that the only enforceable contract is the one jointly negotiated and mutually agreed by the parties, effective September 2003.

As you also know, NATCA has a case pending before the U.S. District Court for the District of Columbia regarding the Federal Service Impasses Panel’s mandatory jurisdiction over our collective bargaining dispute.

NATCA does agree, however, that there are over 400,000 pending grievances and we would like to deal with the backlog. As I have stated repeatedly, a restoration of the 2003 agreement and completed negotiations and ratification of a successor agreement is the best way to deal with these pending grievances. Once that occurs, representatives from NATCA and the FAA can sit down and determine what the resolution of these grievances should be. I am disheartened that Acting Administrator Sturgell wrote to me on June 30, 2008, stating he is unwilling “to return to the bargaining table for concentrated negotiations.” Given that, I can only expect that my members will have to wait until January 2009, for a new confirmed Administrator to restore fairness and engage in comprehensive good-faith collective bargaining.

NATCA will not withdraw any pending grievances given the current posture of FAA toward its employees. Further, assuming arguendo that Arbitrator Javits’ decision is correct with regard to arbitrability, NATCA believes that newly filed grievances meet the requirements laid out by the decision and we will continue to pursue remedy for all grievances that are currently pending.

I am willing to restore the process of “third level meetings” and the ADR process under the 2003 Agreement that FAA unilaterally terminated long before it unilaterally withdrew from collective bargaining and ultimately implemented the imposed work rules.

As a final note, your continual use of arbitrary deadlines for responses in your letters is ineffectual. You may dispense with including them in future correspondence.


Sincerely,

Patrick Forrey

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Read Miniace Letter to NATCA

Document of Forrey Response
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