When the parties could not reach an agreement on a new contract, the FAA chose to follow the process enacted by Congress and unilaterally implemented new terms and conditions of employment.

The General Counsel of the Federal Labor Relations Authority (FLRA), a political appointee, used her prosecutorial discretion to dismiss all charges filed by NATCA.

[6] On September 3, 2006, the FAA ceased negotiations with NATCA officials and unilaterally imposed terms and conditions of employment on Air Traffic Controllers nationwide.

The originally introduced Reauthorization Bill would have forced the FAA back into negotiations with the NATCA and included a 15-month limit to the bargaining, followed by arbitration if no consensus is reached.

The new law provides for mediation and binding interest arbitration in the event the parties do not reach agreement in future contract negotiations, ensuring that there are never unilaterally imposed terms and conditions of employment ever again.

"[9] The Union believes that the fatigue is the result of the decreased number of air traffic controllers, caused by the FAA's unilaterally enforced policies.

The board attributed this fact to both the shift-work used at most facilities which often does not allow sufficient rest time between shifts, and to the increase amount of overtime worked due to the decrease in controllers.