Professional Aviation Safety Specialists
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Substantial Operational Necessity /  Requirements :

Management LOVES to use this as a defense to implement changes without negotiations..........

Per the PASS Contract, Art. 69, sec.2 states :

The Employer will not implement the proposed change prior to completing bargaining as required under this Agreement unless required by operational necessity. Operational necessity is defined as;

  1.  those actions that may be necessary to carry out the Agency’s mission during emergencies; or

  2.   other extraordinary circumstances having a significant impact on safety and efficiency of the NAS; or

  3.   Matters which the Agency has a COMPELLING NEED to implement.



Furthermore : 

 Operational necessity is not to be invoked as a means to avoid pre-implementation bargaining.  Rather it is the firm intent of the Parties that these provisions will be strictly followed in resolving issues under this Article prior to implementation. Operational necessity will only be invoked in those cases, which meet the strict definition set forth in this Section. If the Agency believes that it is necessary to implement changes prior to the completion of bargaining due to operational necessity, the Agency will notify the Union at the national level with the reasons for proceeding