(a) Not later than the date the lease under § 9-1004 takes effect, the Secretary shall ensure that the Airports Authority has established arrangements to protect the employment interests of employees during the 5-year period beginning on such date. These arrangements shall include provisions:
(1) Which ensure that the Airports Authority will adopt labor agreements in accordance with the provisions of subsection (b) of this section;
(2) For the transfer and retention of all employees who agree to transfer to the Airports Authority in their same positions for the 5-year period commencing on the date the lease under § 9-1004 takes effect except in cases of reassignment, separation for cause, resignation, or retirement;
(3) For the payment by the Airports Authority of basic and premium pay to transferred employees, except in cases of separation for cause, resignation, or retirement, for 5 years commencing on the date the lease takes effect at or above the rates of pay in effect for such employees on such date;
(4) For credit during the 5-year period commencing on the date the lease takes effect for accrued annual and sick leave and seniority rights which have been accrued during the period of federal employment by transferred employees retained by the Airports Authority; and
(5) For an offering of not less than 1 life insurance and 3 health insurance programs for transferred employees retained by the Airports Authority during the 5-year period beginning on the date the lease takes effect which are reasonably comparable with respect to employee premium cost and coverage to the federal health and life insurance programs available to employees on the day before such date.
(b)(1) The Airports Authority shall adopt all labor agreements which are in effect on the date the lease under § 9-1004 takes effect. Such agreements shall continue in effect for the 5-year period commencing on such date, unless the agreement provides for a shorter duration or the parties agree to the contrary before the expiration of that 5-year period. Such agreements shall be renegotiated during the 5-year period, unless the parties agree otherwise. Any labor-management negotiation impasse declared before the date the lease takes effect shall be settled in accordance with Chapter 71 of Title 5, United States Code.
(2) The arrangements made pursuant to this section shall assure, during the 50-year lease term, the continuation of all collective bargaining rights enjoyed by transferred employees retained by the Airports Authority.
(c) Any transferred employee whose employment with the Airports Authority is terminated during the 5-year period beginning on the date the lease under § 9-1004 takes effect shall be entitled, as a condition of any lease entered into in accordance with § 9-1004, to rights and benefits to be provided by the Airports Authority that are similar to those such employee would have had under federal law if termination had occurred immediately before such date.
(d) Any employee who transfers to the Airports Authority under this section shall not be entitled to lump-sum payment for unused annual leave under 5 U.S.C. § 5551, but shall be credited by the Airports Authority with the unused annual leave balance on the date the lease under § 9-1004 takes effect, along with any unused sick leave balance on such date. During the 5-year period beginning on such date, annual and sick leave shall be earned at the same rates permitted on the day before such date, and observed official holidays shall be the same as those specified in 5 U.S.C. § 6103.
(e) Any federal employee who transfers to the Airports Authority and who on the day before the date the lease under § 9-1004 takes effect is subject to subchapter III of Chapter 83 of Title 5, United States Code, or Chapter 84 of such title shall, so long as continually employed by the Airports Authority without a break in service, continue to be subject to such subchapter or chapter, as the case may be. Employment by the Airports Authority without a break in continuity of service shall be considered to be employment by the United States government for purposes of such subchapter and chapter. The Airports Authority shall be the employing agency for purposes of such subchapter and chapter and shall contribute to the Civil Service Retirement and Disability Fund such sums as are required by such subchapter and chapter.
(f) An employee who does not transfer to the Airports Authority and who does not otherwise remain a federal employee shall be entitled to all of the rights and benefits available under federal law for separated employees, except that severance pay shall not be payable to an employee who does not accept an offer of employment from the Airports Authority of work substantially similar to that performed for the federal government.
(g) The Airports Authority shall allow representatives of the Secretary adequate access to employees and employee records of the Airports Authority when needed for the performance of functions related to the period before the date the lease under § 9-1004 takes effect. The Secretary shall provide the Airports Authority access to employee records of transferring employees for appropriate purposes.
CREDIT(S)
(Oct. 30, 1986, 100 Stat. 3341-376, Pub. L. 99-591, § 6008.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1507.
Miscellaneous Notes
Short title: See Historical and Statutory Notes following § 9-1001.