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