Negotiations on the collective agreement lasted until July, August and September. Other dates have been agreed for October, November and December. The negotiations all took place in Washington, D.C. most of which were housed at FAA headquarters. (Tr. 84) During negotiations, if the parties agree on an article, there would be provision for a clean copy that would be provided by the respondent. The parties would then have the agreed article — Kreisberg for the Union and Thoman for the respondent. These initials meant that the parties had reached an interim agreement on this article and that the debate on this article was closed. The Union and the FAA had agreed that neither party would reopen these articles without exceptional circumstances, or if an agreement of a subsequent article would interfere with the agreement they had reached. (Tr. 86-89) Exhibit 7 of the General Counsel is a set of preliminary agreements concluded by the parties, each article is initiated and dated by Kreisberg and Thoman.638842912 General Counsel and the Union argued that the respondent did not inform the representatives of the charged party that the OMB must approve the agreement of the parties before it is final.
The General Counsel also argues that, even assuming that the loading party has such a notification that the approval of the OMB is necessary after the parties have agreed on wage provisions at the negotiating table, disclosure alone is not sufficient and that there must be evidence that the charged party has clearly and unequivocally waived its right to insist that the other party would be represented by negotiators who are empowered to represent the party and reach agreements. The General Counsel argues that the OMB`s approval of a negotiated agreement is not an object of binding negotiation, but a waiver of the right of the loading party to have the respondent represented by authorized negotiators. The respondent did not have the legal right to approve the OMB`s consent to an agreement. Such a clear and unequivocal waiver of the loading part did not occur. In 2006, after months of negotiations, the FAA left the table to exploit a provision of the Collective Agreements Act 1996 and unilaterally impose terms of employment on the working day weekend, including a 30% reduction in wages at that time.