2013 US Code
Title 49 - Transportation
Subtitle VII - AVIATION PROGRAMS (§§ 40101 - 50105)
Part A - AIR COMMERCE AND SAFETY (§§ 40101 - 46507)
Subpart i - general (§§ 40101 - 40130)
Chapter 401 - GENERAL PROVISIONS (§§ 40101 - 40130)
Section 40122 - Federal Aviation Administration personnel management system
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart i - general CHAPTER 401 - GENERAL PROVISIONS Sec. 40122 - Federal Aviation Administration personnel management system |
Contains | section 40122 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-264, title II, §253, Oct. 9, 1996, 110 Stat. 3237; amended Pub. L. 106-181, title III, §§307(a), 308, Apr. 5, 2000, 114 Stat. 124, 126; Pub. L. 112-95, title VI, §§601, 602, 611, Feb. 14, 2012, 126 Stat. 109, 111, 117. |
Presidential Document Number References | Executive Order 12674 |
Statutes at Large References | 110 Stat. 3237 114 Stat. 124 126 Stat. 109 |
Public Law References | Public Law 104-264, Public Law 106-181, Public Law 111-314, Public Law 112-95 |
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(a)
(1)
(2)
(A)
(i) shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or
(ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.
(B)
(C)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(I) the effect of its arbitration decisions on the Federal Aviation Administration's ability to attract and retain a qualified workforce;
(II) the effect of its arbitration decisions on the Federal Aviation Administration's budget; and
(III) any other factors whose consideration would assist the board in fashioning a fair and equitable award.
(vii)
(3)
(4)
(5)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;
(B) sections 3308–3320, relating to veterans' preference;
(C) chapter 71, relating to labor-management relations;
(D) section 7204, relating to antidiscrimination;
(E) chapter 73, relating to suitability, security, and conduct;
(F) chapter 81, relating to compensation for work injury;
(G) chapters 83–85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage;
(H) sections 1204, 1211–1218, 1221, and 7701–7703, relating to the Merit Systems Protection Board; and
(I) subsections (b), (c), and (d) of section 4507 (relating to Meritorious Executive or Distinguished Executive rank awards) and subsections (b) and (c) of section 4507a (relating to Meritorious Senior Professional or Distinguished Senior Professional rank awards), except that—
(i) for purposes of applying such provisions to the personnel management system—
(I) the term "agency" means the Department of Transportation;
(II) the term "senior executive" means a Federal Aviation Administration executive;
(III) the term "career appointee" means a Federal Aviation Administration career executive; and
(IV) the term "senior career employee" means a Federal Aviation Administration career senior professional;
(ii) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and
(iii) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan.
(3)
(4)
(h)
(i)
(j)
(Added Pub. L. 104–264, title II, §253, Oct. 9, 1996, 110 Stat. 3237; amended Pub. L. 106–181, title III, §§307(a), 308, Apr. 5, 2000, 114 Stat. 124, 126; Pub. L. 112–95, title VI, §§601, 602, 611, Feb. 14, 2012, 126 Stat. 109, 111, 117.)
REFERENCES IN TEXTThe date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
Executive Order No. 12674, referred to in subsec. (d), is set out as a note under section 7301 of Title 5, Government Organization and Employees.
The effective date of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is the date that is 30 days after Oct. 9, 1996. See section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
AMENDMENTS2012—Subsec. (a)(2) to (5). Pub. L. 112–95, §601, added pars. (2) and (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "If the Administrator does not reach an agreement under paragraph (1) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement. If the services of the Federal Mediation and Conciliation Service do not lead to an agreement, the Administrator's proposed change to the personnel management system shall not take effect until 60 days have elapsed after the Administrator has transmitted the proposed change, along with the objections of the exclusive bargaining representatives to the change, and the reasons for such objections, to Congress. The 60-day period shall not include any period during which Congress has adjourned sine die."
Subsec. (g)(2)(I). Pub. L. 112–95, §602, added subpar. (I).
Subsec. (g)(3). Pub. L. 112–95, §611, inserted at end "Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996."
2000—Subsec. (a)(2). Pub. L. 106–181, §308(a), inserted at end "The 60-day period shall not include any period during which Congress has adjourned sine die."
Subsec. (g). Pub. L. 106–181, §307(a), added subsec. (g).
Subsecs. (h) to (j). Pub. L. 106–181, §308(b), added subsecs. (h) to (j).
EFFECTIVE DATE OF 2000 AMENDMENTAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
EFFECTIVE DATESection effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
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