Re: Contract Negotiations...
Here we go...kp52 was nice enough to post it in a form that does not involve negative contrast...and thus my eyes bleeding:
"National Office Update for the Week of June 22, 2009
Sisters and Brothers
As we come to a close on negotiations, it is apparent that our membership is experiencing a tremendous amount of anxiety concerning the outcome. After almost three years of living under imposed terms and conditions, that’s not surprising. But I have also witnessed an incredible amount of trust and faith in the leadership to allow us to follow through with our strategy and bring us to a place where we have the opportunity to change our current predicament and set a course for the future of our professions. Our collective work has provided us this opportunity to negotiate a collective bargaining agreement in a fair process, and that in and of itself is a huge testament to the tenacity and unity of our membership. NATCA has several contracts up for negotiations this year, and I’m hoping that we can keep the momentum moving towards better working conditions, fair and equitable pay, and renewed collaboration in modernizing the system for all of the aviation professionals we represent.
There has been an overwhelming cry for information on what’s been agreed to and what hasn’t. Last week I provided the number of articles TAU’d and those that are still being discussed. This week, I will provide more specifics. The NEB passed a resolution two weeks ago that limits the amount of information that can be relayed to the membership. Therefore, I cannot provide the actual TAU’d documents until the briefing guide has been completed and the mediators approve.
However, nothing prevents me from providing some general information on some of the issues that are probably most important to the membership. This information is not intended to be comprehensive, as we will be putting out the TAU’d articles with a comprehensive briefing guide in the very near future along with a means for our members to ask questions and get answers. Until then, I wanted to provide some information on articles that are of most interest to our members. These are just general descriptions to give you some idea of what’s been agreed to.
In Article 7, we have agreed to reestablished bargaining at the appropriate level – local, regional or national. When this agreement becomes effective, all local, regional and national agreements not specifically carried over become non-binding on the parties. Article 9 creates a grievance process that will be more responsive and timelier. This article establishes a quarterly pre-arbitration review in which the parties will deliberate grievances at the regional level for a minimum of three days with an arbitrator who will assess the strengths and weaknesses of each case and make recommendations. If either party does not accept the recommendation and arbitrates the case, the loser pays all arbitration costs if sustained/denied in full. There are also time restrictions on responding to grievances and penalties if not followed.
There has been a recent move by the Agency to eliminate independent Internet access, particularly Union networks. In Article 13 the Agency has agreed to suspend the removal of existing Union computers, Internet access and wireless networks until the Agency develops a waiver process and the parties’ meet to discuss the applicability to utilize computers/internet networks within the facility.
Article 18 reestablishes CIC premium pay (10%) for employees who perform CIC duties at all levels of facilities except when the employee is standing watch alone. Employees in centers and large TRACONs assigned the mid watch will not receive CIC pay if an OMIC/FLM is standing watch. In combined tower/TRACON facilities, when there is a single specialist assigned to each, one shall be designated CIC. All facilities will be required to revalidate facility requirements and complete a re-selection process within 30 days.
Article 19 reestablishes excused absence for those employees unable to make it to work due to hazardous weather/geological conditions pending a review by management. There is no reason to put our members at risk when weather or geological conditions would put them in danger.
In Article 25, when employee calls in sick, he/she is not required to provide a medical certificate if the absence is four days or less. In cases of suspected sick leave abuse, management is required to counsel the employee as a first step before the issuance of a sick leave letter.
Under leave for special circumstances, the parties’ have agreed reincorporate grandparents as family members in Article 26. This agreement provides up to 10 days of A/L or LWOP after the death of a family member. Reiterates employees’ entitlement under FMLA and employees are entitled to substitute paid leave for LWOP in certain circumstances. Leave requests under this article receive priority over leave requests under annual leave provisions.
The parties took another approach in dealing with Holidays. Article 28 establishes three holidays that the agency will reduce staffing – Thanksgiving, Christmas and New Years Day – and allows the agency to place employees with limited (A-side only) or no certifications on holiday leave for these three holidays. All other holidays are considered normal traffic days and no employee will be forced to take holiday leave.
In Article 29, employees will be provided up to 4-hours excused absence to donate whole blood and platelets subject to staffing and workload. This article also provides 64 hours excused absence for change of station, including Academy graduates; employees have up to two years to use this entitlement. This Article sets the process for employees to attend Communicating for Safety under excused absence, and provides excused absences for certain Union representatives to participate in IFATCA.
The Agency and NATCA may have a slightly different take on Article 32, watch schedules. However, the parties’ agree that the Agency and the Union at the local level will have meetings to discuss the building of the basic watch schedule. The basic watch schedule will consist of three core shifts which will be established by the Agency. There will be a day, an evening and a midnight shift. Each of these shifts will have additional shifts associated with them called ancillary shifts; these shifts are negotiated at the local level. There can be as many or as few ancillary shifts as are agreed to by the parties, but if they do not reach agreement as to the number of ancillary shifts, no more than three ancillary shifts can be created. As an example, the basic watch schedule will be 8am, 3pm, 11pm. The ancillary shifts for the 8am shift could be 6am, 7am, and 9am.
Article 33 reestablishes the responsibility of management to ensure employees do not remain on position for more than 2-hours. This article also allows employees to leave the facility for short periods of time; requests for an employee leaving the facility for short periods of time shall not be unreasonably denied.
With the current litigation pending on credit hours and overtime, the parties were still able to agree on Article 34, which provides the ability to negotiate AWS schedules at the local level at the election of the Union. The caveat is that AWS schedules cannot result in an overtime entitlement (40-hours per week), and credit hours cannot be earned; there is no prohibition on a 4-10 schedule for any facility.
Article 38 entitles employee to receive overtime pay in addition to any premium pay or differentials earned for that shift; working Sunday or night will entitle the employee to the premium pay for those shifts as well as the overtime pay. Employees called in prior to or held over after their shift shall be provided the opportunity to work 1- hour of overtime. Employees scheduled or called in for overtime on their regular day off shall be provided the opportunity to work 8- hours of overtime work.
For employees who seek to transfer facilities, Article 42 provides the procedures for Voluntary Applications and Internal Placement. Mutual reassignments may be submitted for the same, higher or lower level facilities, but no more than 3 levels higher than the employee’s current level, unless he/she was previously certified at that higher level. As long as the employees meet the requirements of this article, swap approval and effective dates will be processed in a timely manner.
Under the provisions of Article 45, along with other duties that can be performed, temporarily disabled employees can deliver strips as an "other duty" as long as this duty is available and doesn’t involve any type of control function.
Facility realignments are becoming more of an issue for our members, and while we wait for legislation to pass that requires the Union to be a involved in that process, Article 46 provides that the agency must notify the Union of any facility closures, consolidations or deconsolidation’s at least 12 months in advance. The agency must notify the Union at least 6 months in advance of any internal facility reorganizations that require training. This article also provides employees who volunteer for an intra facility reassignment a one-time bonus equal to 2% of their base pay. If the agency determines to reduce staffing in a facility, they must first release employees awaiting transfer.
Article 48 provides the requirements and provisions to brief and form work groups with the Union to address the implementation of new technology and procedures at the local, regional or national level. This is an important article considering all of the changing technology associated with NextGen. This article is essentially the same as under the 2003 CBA, and provides the Union the right to participate on the front end and not after the fact.
Article 52, Professional Standards, is a Union proposed initiative and part of the ICAO Safety Management System, which essentially does for minor discipline cases what ATSAP does for performance issues. The program will be jointly developed and initiated at the national level. Use of the program is voluntary by all parties.
The Union has always sought to provide some benefit to our long- standing employees concerning transfer to a facility of their preference. Article 60 provides for priority consideration; the employee will receive bona fide consideration by the selecting official before any consideration is given to other bidders. Within 120 days of the effective date of the agreement, the agency and Union will develop procedures for a priority placement for employees in level 10-12 facilities with 15 or more years as a CPC. Priority placement status is intended to provide assurance of being placed in a vacancy to which the employee has applied and is qualified to fill.
Training failures have always been a concern of our membership, but under todays changing environment, it is even more critical that we provide the best opportunity for new hires to succeed. Article 61 provides procedures for non-probationary developmental controllers who do not successfully complete training. Employees may be given the opportunity for reassignment to a lower level facility if a vacancy exists. Employees will be given a choice of up to five facilities, and en route employees will be sent back to the Academy for terminal training.
Article 66, Medical Qualifications continues to provide appeal rights to employees permanently medically disqualified, but now also provides appeal rights to employees temporarily medically disqualified for 90 days or more. This article also mandates the agency to grant sick leave if the employee cannot meet medical certificate. Upon request of the employee, the flight surgeon is required to provide an employee with suggested medical evaluations he/she should submit to obtain their medical qualification.
The scheduling of Training Review Boards per Article 67 must be agreeable to all parties. This article will require written justification by the Air Traffic Manager to the Board if the Board’s recommendations are not taken. Probationary employees qualify for the review board process.
Article 69, Dress Code, contains the same provisions and application as the 2003 agreement; employees shall groom themselves in a neat, clean manner. Employees shall be allowed to wear denim pants, shorts and athletic shoes so long as they meet the standards of neat and clean.
Under Leave Transfer, Article 90, the parties have agreed to procedures for donating annual and sick leave. Employees will be entitled to receive leave donations regardless of their leave balance, and donated leave may be applied retroactively. There is no limit on the number of sick leave hours an employee may donate so long as a minimum balance of 240 hours is kept.
Article 114, NextGen Implementation is also intended to involve the Union in the development and implementation of the next generation system. This article provides that the parties will meet within 120 days to develop a program for full participation by the Union to further development and implementation of NextGen.
In the past year, we worked through the National OSHECOMM Committee to develop a Public Access to Defibrillation (PAD) program. Article 115 memorializes the agency’s commitment to implementing a PAD program during the life of this agreement and sets a requirement for evaluating the program for smaller facilities. This article ensures Union participation on any workgroup developed to implement the PAD program.
We realize how important childcare subsidies are to our newest members, so Article 116 was important to our deliberations. Under the provisions of this article, the agency shall provide childcare subsidies for BUE’s with a family adjusted gross income of $72,000 or less per annum. The program will be administered in conjunction with agency procedures except that it will apply to all BUE’s with child care needs for children 13 years and younger.
We have also agreed to finally end the battle over dependent education at non-CONUS locations. Article 120 provides that the agency will pay the DOD schools tuition for dependent children of FAA bargaining unit employees assigned to facilities outside the CONUS (Puerto Rico and Guam).
These are some of the issues I feel most members have an interest in. I believe that your contract team has done a fantastic job in negotiating a very good contract for the membership. As I stated earlier, there will be more comprehensive information coming out about all of the articles agreed to.
While we are still deliberating annual leave, national/regional officer representation and pay, we are nearing the final stages of this process. The arbitration is now scheduled for July 6, so the Parties have this upcoming week to try and resolve the remaining articles. As I stated in my last update, the process has been productive to this point, and the positive attitude by all involved has allowed for the agreement of over 100 articles. I am hopeful that we can resolve the last few articles remaining this week. If we cannot, we will present our case in arbitration, and the long awaited and hard fought battle for the opportunity to negotiate our contract in a fair process will be over. Again, your contract team has done a tremendous job in developing and negotiating these issues and I think after now reading some of the general descriptions you’ll agree.
From the beginning, the Obama Administration directed both parties to complete negotiations in a relatively short period of time. They determined this process would conclude in mediation to a final and binding resolution. Any issues that could not be resolved through the mediation process would be arbitrated, and the decision would be binding on both parties. As I stated in previous updates, this is the same procedure for disputes before FSIP and the language contained in HR 915 FAA Reauthorization.
When the process is complete, TAU’d articles will first be sent for Agency Head Review and then to the membership for ratification. In the event the Agency Head Review does not result in approval or the Union is unable to secure ratification on the Tentative Agreements, these items will be submitted to the Panel and the Parties will present their final positions before the arbitrators. The Panel will convene in executive session and render a decision within 30 days, and the decision will be binding on the Parties. This process will assure establishment of a new, final and binding collective bargaining agreement.
As I stated earlier, we have worked hard to ensure that we returned to the table to negotiate a collective bargaining agreement in a fair process. President Obama has provided that opportunity for us, and we are nearing completion. As you all know, there has been nothing "usual" about the past three years as we struggled to change our predicament of imposed work and pay rules. As we try to negotiate this process to finality, rest assured that this union remains committed to restoring the respect of the air traffic control profession with fair and equitable compensation, to correct the injustice levied upon our members who were promised a specific compensation when they took this job, and to provide incentive to our most experienced members to train and staff for the next generation system. If we can resolve our differences with the FAA and attain labor peace, we will be able to secure our future through the collaboration and development of the next generation aviation system.
I thank you all for keeping the faith and staying united during these very trying times.
Patrick Forrey
President
NATCA"
