NCEPT / NRP Memorandum of Understanding

Preamble Agreement Overview

This Agreement is entered into by and between the National Air Traffic Controllers Association, AFL-CIO ("NATCA" or "Union") and the Federal Aviation Administration ("FAA" or "Agency"), hereinafter collectively referred to as "the Parties." This Agreement represents the complete understanding of the Parties concerning the National Centralized Employee Requested Reassignment Process Team ("NCEPT"), and the National Release Policy ("NRP").

This Agreement replaces and supersedes the Memorandum of Understanding (MOU) executed on May 25, 2017.

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Section 1 Article 42 Amendments

Article 42, Sections 5, 9, and 12 of the Parties' 2016 Collective Bargaining Agreement (CBA) are hereby amended and replaced in their entirety as follows:

Section 5 – ERR Submissions

Employees desiring consideration for placement to a specific bargaining unit position at a specific facility may submit an Employee Requested Reassignment (ERR) through the Automated Vacancy Information Access Tool for Online Referral (AVIATOR) application. Any changes to AVIATOR shall be handled in accordance with Article 7 of the Parties 2016 Collective Bargaining Agreement. ERRs not submitted through AVIATOR will not be considered. An employee requesting an ERR must specify their desired location(s).

The employee shall not normally be eligible to receive any permanent change of station (PCS) benefits unless the selection was made in conjunction with a vacancy announcement where PCS benefits were authorized. In that case the individual requesting voluntary transfer shall be entitled to the same benefits as advertised on the vacancy announcement.

An ERR submitted under this Section shall remain active for a period of ninety (90) days from the date of submission. An employee may update or withdraw an ERR at any time through AVIATOR, prior to the expiration of the 90-day period.

Once an employee accepts a Tentative Offer Letter (TOL) to a specific facility, all other requests made under this Section, by that employee, will be cancelled. An employee who declines a TOL for a particular facility must re-submit a request under this Section for future consideration for that facility.

🔗 ERRs are submitted to the AVIATOR system via err.faa.gov.

Section 9 – Grievance Priority Consideration

If as a result of a grievance being filed under this Article, the Agency agrees or an arbitrator decides that an employee was improperly excluded from the best qualified list, he/she will receive priority consideration, as defined in Article 100, for the next appropriate vacancy for which he/she is qualified. If the employee is selected for the vacancy, the priority consideration will be considered to be satisfied. An appropriate vacancy is one at the same grade level, which would normally be filled by competitive procedures, or by other placement action, including outside recruitment, in the same area of consideration, and which has comparable opportunities as the position for which the employee was improperly excluded. Employees will be afforded the opportunity to utilize their priority consideration status when their facility meets the criteria established in Article 42, Sections 12(B) and 12(C) of this Agreement.

Section 12 – National Release Policy

The National Release Policy established by this Agreement governs all voluntary movement by Bargaining Unit Employees (BUEs) from one Air Traffic Organization (ATO) bargaining unit position of record to another ATO bargaining unit position of record.

A. Definitions

B. Primary NCEPT – Voluntary Movement into Non-Academy Sourced Facilities

1. Primary NCEPT panels shall be held monthly, scheduled in coordination with the publication of the National Priority Placement Tool (PPT) to ensure placement decisions reflect the most current available staffing data.
2. Releasing Criteria. A BUE may be released under this Section only when the losing facility satisfies the applicable standard below:

   Facility Type	Required Threshold	Floor (Selection cannot drop staffing below)
   i. Academy Sourced Terminal, JCF, Designated En Route, ZUA, HCF, ZSU	≥ TSL	TSL or 90% (whichever is lower)
   ii. Non-Academy Sourced Facilities	> 95%	90%

3. Gaining Criteria. A Non-Academy Sourced facility is eligible to receive a BUE under this Section based on the following thresholds:

   Facility Type	Required Threshold
   i. Non-Academy Sourced Facilities (General)	≤ TSL
   ii. C90, N90, PHL	≤ 100%

4. Upon selection, a BUE shall be offered a choice of effective dates of transfer between six (6) and twelve (12) weeks from the beginning of the pay period following the date of selection.
5. Employees that transfer under the provisions of this Section and do not achieve full certification, other than those with an approved hardship and an available vacancy, will be transferred back to their prior facility and will not be processed in accordance with EMP 1.14a. Employee reassignments made in accordance with this Section shall not be eligible to receive any PCS benefits.

C. Secondary NCEPT – General Voluntary Movement

The Secondary NCEPT processes ERRs for voluntary movement not governed by Section B of this Agreement.

1. Secondary NCEPT panels shall commence in the seventh (7th) month following the first Primary NCEPT panel convened under this Agreement. Upon commencement, Secondary NCEPT panels shall be conducted quarterly, following the completion of the Primary NCEPT panel held in the same month.
2. Any facility may participate in a Secondary NCEPT panel as either a releasing or receiving facility, subject to the standards of this Section.
3. Releasing Criteria. A BUE may be released under this Section only when the losing facility satisfies the applicable standard below:

   Facility Type	Floor (Selection cannot drop staffing below)
   i. From Designated En Route, ZUA, HCF, or ZSU to En Route, ZUA, HCF, or ZSU	TSL + 2%
   ii. All other facilities	100%

4. Gaining Criteria: A facility is eligible to receive a BUE under this Section based on the following thresholds:

   Facility Type	Required Threshold
   i. Academy Sourced Terminal and JCF	≤ TSL + 2 CPCs
   ii. En Route Facilities, ZUA, HCF, ZSU	≤ TSL + 5%
   iii. Non-Academy Sourced Facilities & Designated ARTCC(s)	≤ TSL

5. The Agency shall establish a limit of no more than ten percent (10%) of the total selections made in Primary NCEPT. For the initial Secondary NCEPT session, the limit shall be based on the total selections made in the Primary NCEPT session held in the same month. For each subsequent Secondary NCEPT session, the limit shall be based on the total selections made in all Primary NCEPT sessions since the preceding Secondary NCEPT session. Such a limit shall be communicated to the NCEPT in advance of the relevant session.
6. Upon selection, a BUE shall be offered a choice of effective dates of transfer between six (6) and twelve (12) weeks from the beginning of the pay period following the date of selection.
7. Except for Zero-NCEPT, employees that transfer under this Section and do not achieve full certification, other than those with an approved hardship and an available vacancy, will be processed in accordance with EMP 1.14a. Employee reassignments made in accordance with this Section shall not be eligible to receive any PCS benefits.
8. Zero-NCEPT Facility releases are processed as part of the Secondary NCEPT. ZeroNCEPT releases to Non-Academy Sourced facilities are not subject to limits established for the secondary NCEPT. Zero-NCEPT Facility releases to Academy Sourced facilities are subject to the limit established for the Secondary NCEPT session and are subordinate to all other Secondary NCEPT placements. A ZeroNCEPT Facility may release a BUE without regard to its current CPC AOB percentage or projected staffing percentage. Non-Academy Sourced Facilities are initially excluded from the Zero-NCEPT provisions of this section. The Parties agree to review this determination twelve (12) months after the execution of this agreement. Employees that transfer under the provisions of the Zero-NCEPT section and do not achieve full certification, other than those with an approved hardship and an available vacancy, will be transferred back to their prior facility and will not be processed in accordance with EMP 1.14a. Employee reassignments made in accordance with this Section shall not be eligible to receive any PCS benefits.

D. Mutual Reassignment Transfer Requests

Mutual reassignment requests shall be evaluated annually, commencing in the tenth (10th) month following the execution of this Agreement, after the conclusion of the Primary and Secondary NCEPT sessions held in that same month, and every twelve (12) months thereafter. All facilities are eligible to participate. Mutual reassignments are available as follows:

1. Standard Mutual reassignments shall proceed in accordance with Article 42 of the CBA. Both facilities Current % CPC to Target and Projected % to Target must be at or above ninety-five percent (95%) to be eligible for selection.
2. Non-Standard mutual reassignments shall be processed in accordance with the following provisions:
   1. Must currently be from the same type of facility (enroute to enroute, tower to tower, tower/approach to tower/approach, approach to approach, CCF to same track).
   2. The Non-Standard Swap must not result in a requirement to attend FAA Academy courses (excluding TSEW).
   3. No more than three (3) facility pay levels higher than the employee's current facility, unless the employee was previously certified at a higher level.
   4. Minimum two (2) years certified as a CPC at current facility.
   5. Both facilities' Current % CPC to Target and Projected % to Target must be at or above ninety percent (90%).
   6. Non-Standard Swaps will be capped at no more than twenty (20) pairs.
   7. Processed on a first-come, first-served basis. No more than one (1) release will be allowed per facility.
   8. The signatory date on the package by the ATM will determine the order of consideration.
3. Upon selection, a BUE shall be offered a choice of effective dates of transfer between six (6) and twelve (12) weeks from the beginning of the pay period following the date of selection.
4. Employees that transfer under the provisions of this Section and do not achieve full certification, other than those with an approved hardship and an available vacancy, will be transferred back to their prior facility and will not be processed in accordance with EMP 1.14a. Employee reassignments made in accordance with this Section shall not be eligible to receive any PCS.

E. TETRA Requirements

Where a BUE is selected for placement at a facility that requires successful completion of TETRA, the FOL shall be contingent upon the BUE's enrollment in and successful completion of TETRA. A BUE must achieve a final grade of seventy percent (70%) or higher to be considered as having successfully completed TETRA.

Employees that transfer under the provisions of this Agreement to a facility requiring TETRA and do not achieve a final grade of seventy percent (70%) or higher upon completion of TETRA, other than those with an approved hardship and an available vacancy, will be transferred back to their prior facility and will not be processed in accordance with EMP 1.14a. Employee reassignments made in accordance with this provision shall not be eligible to receive any PCS.

F – I. Additional Provisions

F. Where a gaining facility has more than three (3) BUEs eligible for selection in a given session, the Agency shall assess the facility's training capacity prior to approving placements in excess of three (3).

G. ERRs submitted to N90/PHL, Article 124 Priority Placement, and Article 99 transfers are not subject to the NRP. ERRs submitted between N90 and PHL are subject to the NRP.

H. Temporary assignments to other bargaining unit positions within the facility exceeding one hundred eighty (180) days, consecutive or non-consecutive, within any twelve (12) month period are subject to the NRP.

I. Notwithstanding the releasing and gaining criteria established in Sections 12(B), 12(C), and 12(D) of this Agreement, the Vice President of Air Traffic Services (AJT-VP) retains authority to approve deviations outside of the timeframes or other criteria established in this Agreement. Requests for deviations shall be submitted to the AJT-VP for consideration. Decisions of the AJT-VP are not subject to review. The AJT-VP will notify the Union at the National Level in advance of issuing any decision to approve a deviation. Deviations approved under this Section do not establish precedents for future NCEPT sessions.

J. Voluntary Transfer Incentive Awards

A BUE with a TOL or FOL to a facility listed in Appendix I or II of this Agreement, issued prior to the effective date of this Agreement and who has not yet reported to the gaining facility, shall be entitled to the applicable incentive awards set forth in this Agreement for that facility. The incentive award shall be processed in accordance with the payment and retention conditions set forth in this Section. For BUEs holding a TOL on the effective date of this Agreement, the incentive shall be processed upon acceptance of the FOL. For BUEs holding a FOL on the effective date of this Agreement, the incentive shall be processed within thirty (30) days of the effective date of this Agreement.

Lump-sum incentive awards are available to BUEs who accept placements under Section B or C of this Agreement. Award amounts are organized into three tiers based on the projected staffing percentages of the receiving facility, with facility designations set forth in Appendix II. The award structure is established as of the effective date of this Agreement and shall remain in effect for the duration of this Agreement, unless the Parties mutually agree to modify tier designations or award amounts during an annual review.

4. C90, N90, and PHL are designated Tier 3 facilities under this Agreement without regard to their respective projected staffing percentages.
5. ZNY (New York ARTCC) is eligible to receive a Tier 3 incentive award under this Agreement. The incentive award for a transfer to ZNY shall be available only where the BUE's losing facility is also an En Route facility. The eligibility and retention conditions applicable to Tier 3 awards set forth in this Section apply equally to transfers made under this provision.
6. Incentive awards shall cease to be available for transfers to a facility once that facility's projected staffing exceeds ninety-five percent (95%) of the Facility Staffing Target. A facility that exceeds ninety-five percent (95%) projected staffing shall not regain incentive eligibility under this Agreement, even if projected staffing subsequently falls below ninety-five percent (95%).
7. The initial incentive payment of fifteen thousand dollars ($15,000) and the geographical incentive payment of ten thousand dollars ($10,000) shall be processed for payment only upon the BUE's successful completion of TETRA, if applicable. A BUE who does not successfully complete TETRA shall not be entitled to either incentive payment. Any amounts previously disbursed under this Agreement may be recoverable as a debt owed to the United States Government.
8. In order to retain the initial award payment of fifteen thousand dollars ($15,000), a BUE must remain at the receiving facility for twelve (12) months following the effective date of transfer, unless the Agency takes action that results in the BUE no longer being assigned to that facility. If a BUE does not meet the requirements of this provision, any payments made in accordance with this Section may be recoverable as a debt due to the United States Government.
9. In order to retain the certification award payment, a BUE must remain at the receiving facility for twelve (12) months following the date of CPC certification, unless the Agency takes action that results in the BUE no longer being assigned to that facility. If a BUE does not meet the requirements of this provision, any payments made in accordance with this Section may be recoverable as a debt due to the United States Government.
10. An additional award of ten thousand dollars ($10,000) shall be available to BUEs who accept placements at the facilities identified in Appendix I of this Agreement. This award is payable in addition to the applicable tiered award upon acceptance of the FOL. In order to retain the geographical incentive, a BUE must remain at the receiving facility for twelve (12) months following the effective date of transfer, unless the Agency takes action that results in the BUE no longer being assigned to that facility. If a BUE does not meet the requirements of this provision, any payments made in accordance with this Section may be recoverable as a debt due to the United States Government.
11. Discretionary add-on incentives may be used when voluntary transfer and geographical incentives are not satisfying the goals of this Agreement.
12. BUEs who transfer utilizing the provisions of Article 99 are not eligible for incentives associated with this Agreement.
13. BUEs from facilities that do not meet the release criteria established in this Agreement that utilize the provisions of Article 124 to transfer to facilities within forty (40) miles of the geographical area from their facility of record shall not be eligible for incentives associated with this Agreement.

14. PHL Internal Reassignment Award

The Agency will initiate a solicitation for volunteers for reassignment to PHL EWR Area C in accordance with the provisions of Article 46 of the CBA. In the event insufficient volunteers are received, a second solicitation shall be done. BUEs who have previously volunteered and remain interested in transferring to the PHL EWR Area C should resubmit their names and do not compete with volunteers in a subsequent solicitation.

A CPC currently assigned to PHL who volunteers for and is selected to reassign internally to the PHL EWR Area C shall be eligible for a lump-sum award of sixty thousand dollars ($60,000), in addition to any incentive available under Article 46 of the CBA. Fifteen thousand dollars ($15,000) shall be processed for payment upon reassignment to Area C. The remaining forty-five thousand dollars ($45,000) shall be processed for payment upon CPC certification in Area C. In order to retain the initial payment, the BUE must achieve full CPC certification in Area C; failure to certify may render this payment recoverable. In order to retain the certification payment, the BUE must remain in Area C for twelve (12) months following the date of CPC certification, unless the Agency takes action that results in the BUE no longer being assigned to Area C. If a BUE does not meet the requirements of this provision, any payments made in accordance with this Section may be recoverable as a debt due to the United States Government.

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Section 2 Article 60 Amendments

Article 60, Section 2 and Section 4 of the 2016 Collective Bargaining Agreement shall be replaced in its entirety as follows:

Section 2. Eligible employees shall be given priority consideration within the same bargaining unit for any ingrade/downgrade bargaining unit vacancy at any of those facilities for which he/she is qualified. Release dates are subject to the provisions of the National Release Policy as defined in Article 42 of this Agreement. Employees will be afforded the opportunity to utilize their priority consideration status when their facility meets the criteria established in Article 42, Section 12 of this Agreement.

Section 4. Employee requests under this Article shall remain active for ninety (90) days. If no selection has been made within that period, the employee may reapply.

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Section 3 NCEPT Team

A collaborative national team, the NCEPT, is established to conduct the ERR placement process in accordance with the updated ERR SOP. The Union may designate up to (2) representatives to the NCEPT. The NCEPT will meet on a monthly basis, or more frequently as determined by the NCEPT, to conduct the ERR placement process.

The Agency shall furnish the Union's NCEPT representatives with current facility staffing levels, the TSL values, facility tier designations, and National Priority Placement Tool outputs.

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Section 4 Superseded MOUs

The following Memoranda of Understanding are hereby cancelled and superseded, effective upon execution of this Agreement:

1. The C90/N90 Return Rights and Priority Release MOU dated March 15, 2016.
2. Staffing Surge MOU, dated December 4, 2025.
3. National Release Policy MOU, dated May 25, 2017.
4. The CRWG MOU, dated May 7, 2025.

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Section 5 Staffing Targets

The Facility Staffing Targets contained in the CWP submission, as published by the Agency in accordance with applicable law, shall serve as the basis for all placement decisions made under this Agreement, including Academy Graduate and new hire placement, the NCEPT process, the National Employee Service Team (NEST), and all other bargaining unit employee movement governed herein. Upon publication of each subsequent CWP, the updated Facility Staffing Targets contained therein shall supersede the prior Facility Staffing Targets and shall be incorporated into the National Priority Placement Tool within seven (7) days of publication. This Agreement does not constitute an election by the Agency to negotiate staffing numbers.

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Sections 6–9 General Provisions

Section 6. Nothing in this Agreement shall be construed as a waiver by either Party of any right, entitlement, or protection afforded by law, regulation, or the Collective Bargaining Agreement.

Section 7. The Parties shall convene at the national level on a quarterly basis to assess the effectiveness of the award levels and facility tier designations established herein. Any modification requires the written concurrence of both Parties.

Section 8. The Parties at the National level agree to review the effectiveness of this agreement on an Annual basis. Based upon the review, the Parties agree to meet to jointly make modifications as necessary to ensure the goals of this Agreement continue to be met. The Parties shall utilize a mutually agreed-upon mediator to assist in resolving any disputes regarding modifications sought by either party. At the conclusion of mediation, if the Parties remain unable to reach agreement on necessary modifications, either Party may terminate this Agreement upon thirty (30) days' advance written notice to the other Party. Upon termination, the applicable provisions of the Parties' 2016 Collective Bargaining Agreement shall govern all bargaining unit employee movement until a successor agreement is reached. No provision of this Agreement, including but not limited to the NCEPT process, the National Release Policy, and the incentive structure established herein, shall survive termination except as necessary to satisfy obligations arising prior to the effective date of termination.

Section 9. This Agreement shall remain in effect for the duration of the Parties' 2016 Collective Bargaining Agreement.

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Signatures Execution

Signed this 12th day of June 2026.

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Appendix I Facilities Eligible for the Geographical Incentive Award

An additional $10,000 geographical incentive is available for transfers to the following facilities:

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Appendix II Incentive Award Tier Designations

NOTE: Designations are effective as of the date of this Agreement and shall remain in effect for the duration of this Agreement, unless modified by mutual agreement of the Parties during an annual review.

Tier 3 – Projected Staffing ≤ 75% • Total Award: $60,000

* C90, N90, and PHL are designated Tier 3 facilities regardless of projected staffing percentage.
* ZNY is eligible for Tier 3 incentive awards for En Route to En Route transfers only.

Tier 2 – Projected Staffing 75–85% • Total Award: $40,000

Tier 1 – Projected Staffing 85–95% • Total Award: $30,000

[Attachment 1 — National Centralized ERR Placement Process SOP — To be finalized and incorporated prior to execution of this Agreement.]

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Appendix III Non-Academy Sourced Facilities

The following facilities are designated Non-Academy Sourced facilities for purposes of this Agreement as of the effective date.

NCEPT/NRP MOU June 12, 2026