Posted on by Judy

The 1981 Air Traffic Controllers Strike Background: Union negotiators may find that the authority limits they are authorized to use in a labor negotiation by their union members (constituency) can be both to their advantage as well as their disadvantage. One tactical advantage in using their constituency authority can include the ability to manipulate public visibility to what is transpiring behind closed doors to gain sympathy. By bringing out the issues into the public forum, they may be able to manipulate public support for their plight. Another advantage might be gained in the limiting of concessions by conducting the negotiation in front of their members or constituency. By doing so, the negotiators show that their authority has limitations, and that they have only so much latitude. A union negotiator might illustrate their solidarity with the union constituency by displaying a certain degree of militancy in union demands and expectations. The disadvantage can occur when the labor representative exceeds their authority. They might find they are caught in a squeeze by agreeing to a tentative proposal behind closed doors. Afterwards, when the union member constituency votes against to ratify the proposed agreement, the union negotiator suddenly finds their credibility with their constituency to be under-minded by result. The rejection of a proposed agreement is not that dissimilar to a non-confidence vote. Union negotiators must sometimes walk a fine line and be careful not to exceed their authority. Sometimes, the militancy employed by the union negotiators takes on an extreme that causes harm not only to themselves but also to their constituency. The Case: In 1981, the Professional Air Traffic Controllers Organization union (PATCO) went on strike against the Federal Aviation Authority (FAA) in the United States. Effectively, every aircraft controller governed by the federal agency had walked off the job. Previously, the union leader representative, Robert Poli had spent several months attempting to negotiate a new labor management contract with the FAA. A tentative agreement was reached that was then presented to the union members to vote on ratifying the proposal. The tentative contract was rejected by an overwhelming 90% percent of its members. Poli returned to the negotiating table to get a better package from the FAA. Relations had deteriorated significantly between the two negotiating parties. The FAA now dug in its own heels and refused to offer any more concessions or improve the existing offer any further. After an additional two fruitless weeks of further talks between the two parties, Poli instructed PATCO to take strike action of its members against the FAA. Going on strike is normally fine in most circumstances, but here is where Poli exceeded his authority. The contract that had been signed previously with the FAA strictly prohibited a strike action, and deemed that any such strike action as illegal. So, what happened? The FAA and the administration under President Ronald Regan implemented the following steps against Poli, and PATCO’s members: 1. All striking controllers were immediately fired from their jobs. 2. A federal injunction against the strike was obtained, and both the union and its leaders were fined several millions of dollars per day for violations 3. Poli and some of the other union executive leaders were thrown into prison 4. The union’s financial accounts were impounded 5. All striking controllers were banned from any further employment with the U.S. government in any capacity whatsoever. It was not until 1993 that President Clinton pardoned the controllers and declared that they could now be re-hired. This was 12 years after the fact! Answer all the questions, total carries 50 marks. 1. Did the union use “fair” or “ethical” negotiation tactics? Explain. 2. Was the government’s response to the strike fair and appropriate? Explain. 3. Who was at fault in this negotiation breakdown and why? 4. What do you think could have been done better by the PATCO? By the Government? (Consider communication, distributive vs. integrative bargaining, tactics, ethics, conflict resolution, etc.)

1.The union has used ethical and fair negotiation tactics till they decide to take strike action against FAA. The decision to take strike action also cannot be considered as unethical if they do not have signed the contract which insists not to strike against FAA. But they have already signed the contract and violating the terms in the contract would be considered as unethical or unfair. While instructing PATCO to strike Poli should have analyzed his authority crossing which led to unethical situation.
2. The government‘s response to strike cannot be considered fair and appropriate because government has taken unfair actions against the union as well as the striking controllers which left their future in darkness. Apart from firing the employees from job and fining the union and its leaders for several millions of dollars per day for violations, the union leaders were thrown into prison, the union financial accounts were seized and all the striking controllers were banned from further employment with the US government. This has affected the workers as well as their families. The government could have at least avoided the last step which affected the striking controllers’ and their innocent dependents. Hence the government’s response is not fair and appropriate.
3. Both sides are faulty in negotiation break down as both the parties were not ready to agree each other’s demands. Though FAA and Poli had reached a tentative agreement after several months’ effort, Poli failed to submit the proposal in an effective way and the union members rejected the proposal. When Poli returned to the negotiation table for better package, FAA was not ready for further concessions and did not even try to resolve the conflict. Both the parties were not ready to understand each other which made the negotiation break down.
4. When PATCO and FAA has reached the tentative agreement, Poli should have communicated effectively with the members regarding the agreement with the great efforts they have taken to reach that agreement and members would have voted in favor of agreement. The government also could have interfered and given some concessions to the workers to resolve the conflict instead of taking actions against strikers. When PATCO and FAA were not able to reach an agreement they could have taken the help from an arbitrator who can resolve the dispute independently analyzing the facts and their arguments. The arbitrator’s decision is considered as final decision and all these issues involving strike could have been avoided.
 
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