Against the Wind - National Air Traffic Controllers Association

While they were there, they listened to advice
from PATCO’s ousted president, John Leyden.
Unrealistic expectations from the last contract
proposal, which Robert Poli and company
shared with the membership, had led to widespread
discontent, Leyden told them. Determined not to
repeat history, the NATCA team solicited suggestions
from members, but did not reveal its starting
position.
Aided by eight resource specialists, the contract
team spent many a late night digging through
PATCO archives, Office of Personnel Management
regulations, FAA orders, grievance files and arbitration
transcripts, private-sector entitlements, and
federal-sector contracts for all bargaining units.
Their voluminous research culminated in a
comprehensive proposal containing eightytwo
articles. Team members then ranked
them numerically by importance and plotted
the articles on a grid.
Sitting at the negotiating table, Bell remained
confident and poised. Ignoring Thoman’s remark, he
began to outline the union’s proposal. Parts of the
document traced their roots to PATCO’s 1978 contract,
including provisions for mandatory breaks after
two hours on position, reinstatement of immunity
for controllers who reported operational errors,
and official release of union representatives for NTSB
accident investigations.
May July
10
The FAA announces that Hampton University in Virginia has
been awarded a contract to develop a controller training program.
Graduates can apply to the FAA as developmentals.
10
Other sections were new, such as the union’s
right to conduct midterm bargaining—a significant
enhancement—and guaranteed leave for prenatal
care. Workplace articles related to prime time leave
(during summers and holidays) and a
uniform dress code were aimed at addressing
inconsistent policies. *
The agency forbade tape recordings
of the negotiations. As a
result, team member Anthony Coiro
filled a hefty stack of yellow legal
pads with scribbled notes to
create a “bargaining history.”
In the event of subsequent
grievance arbitrations, the
notes could prove invaluable
in establishing the parties’ intentions
while they were formulating
the contract language.
One notable gain for the
union involved reporting immunity.
NASA created the Aviation
Safety Reporting System in 1975
to allow controllers, pilots, and
others to document errors within
ten days of an incident without
fear of penalty (except in cases of gross negligence
or criminal activity). The system was designed to
document common mistakes, which could help lead
Chapter 5: The Art of the Deal
127
Hard-won victory: Beth Thomas, who
helped organize controllers, rejoined the
FAA after certification and was a contract
team resource person. / NATCA archives
* The final contract included all of these provisions.
Ruling on a lawsuit originally filed by NATCA, the Ninth U.S.
Circuit Court of Appeals upholds the FAA’s random drug testing
program for the aviation industry.