The Parties hereby agree that the following agreements shall remain in full force and effect for the term of the successor agreement to the Parties’ Collective Bargaining Agreement, dated October 2009:
1.Implementation of the Credentialing & CTO Certification Programs (3/18/08)
2.Sexual Orientation Discrimination MOU (12/9/98)
4.Agency's Policy Regarding Furloughs MOU (2/13/13)
5.Air Traffic Safety Guidance (ATO-SG) MOU (4/20/15)
6.ATO Fatigue Risk Management System/FSSC Charter (5/31/12)
7.Facility Level Decrease/Training Delay MOU (7/13/12)
8.Safety Personnel MOU (10/26/11)
9.Space Efficiency Tool (SET) MOU (2/28/13)
10.Space Efficiency Tool (SET) Addendum (12/4/14)
11.Flight Deck Training (FDT) MOU (5/1/12)
12.Staffing Target Definitions MOU (10/17/14)
13.Contract Weather Observer (CWO) MOU (4/8/13)
14.Currency Dashboard MOU (2/29/16)
Signed this 14th day of July, 2016.
/s/ Dean Iacopelli
Dean Iacopelli, NATCA
Chief Negotiator
/s/ William L. Cound
William L. Cound, FAA
Chief Negotiator
Appendix P-1
AIR TRAFFIC ORGANIZATION (ATO)
IMPLEMENTATION OF THE CREDENTIALING AND CTO CERTIFICATION PROGRAMS IN FEDERAL AVIATION ADMINSTRATION (FAA) ORDER 8000.90 FOR AIR TRAFFIC PERSONNEL
MEMORANDUM OF AGREEMENT
This agreement is made and entered into by National Air Traffic Controllers Association (hereinafter “NATCA” or “Union”) and the Federal Aviation Administration (hereinafter “FAA” or “Agency”) to resolve any and all issues concerning the implementation and administration of the AOV Credentialing program described in FAA Order 8000.90, AOV Credentialing and Control Tower Operator Certification Programs.
It is agreed that the following terms and conditions will govern implementation and administration of all aspects of the AOV Credentialing Program for all covered Bargaining Unit Employees (hereinafter “Employee” or “Employees”). No modification or waiver of these terms and conditions shall be valid unless made in writing and executed by the Parties at the national level. Please note: wherever the word “credentials” is used within this Agreement, read it to mean “any AOV rating, designation or credential.”
1.The implementation and administration of the AOV Credentialing Program described in FAA Order 8000.90 shall be based solely on an Employee’s individual performance.
2.The Agency will not remove an employee’s credential until all processes pertaining to unsuccessful performance contained within applicable statutes; negotiated agreements and FAA regulations have been completed, including procedures as described in Article 10 of the collective bargaining agreement.
3.During the initial implementation of the credentialing program an “over-the-shoulder” or other similar skills evaluation is not required of existing employees as part of the supervisory review to obtain a credential. Existing employees are those who are currently employed in the bargaining unit and are certified on at least one operational position, as of the effective date of this Agreement.
4.There is no requirement for Employees to have a credential document in their possession.
5.Biennial skills evaluations shall be based on the requirements for a performance skills check. They shall be performed by direct observation, limited to a single position during a single session.
6.No part of the biennial review shall consist of a written and/or oral test.
7.Biennial skills evaluations will be conducted only on a position on which the Employee is certified.
8.Biennial skills evaluations shall be documented on FAA Form 3120-25. All unsatisfactory markings on the Form must be based on noncompliance with safety standards as described in FAA Order 7110.65.
9.All biennial skills evaluation sessions shall be recorded and copies of the sessions shall be retained for a period of twenty-four (24) months.
10.The first biennial skills evaluation will take place within thirty (30) days before the end of the Employee’s birth month, after the first full year of issuance. Subsequent biennial skills evaluations will be conducted within thirty (30) days before the end of the Employee’s birth month.
11.An unsuccessful biennial skills evaluation shall not result in an employee’s decertification. The Employee’s return to duty shall be determined on the basis of procedures contained in FAA Orders 3120.4, 7210.56, and the Parties Collective Bargaining Agreement.
12.If an Employee fails to pass a biennial skill evaluation, the Agency will notify him/her of the specific reasons in writing.
13.As provided in Order 8000.90, the Employee shall be given the opportunity to appeal an AOV decision regarding the removal of a rating and/or credential by making a written request to AOV-100 (or designee) within fifteen (15) days of receiving the written notice of the removal.
14.As provided in Order 8000.90, the Agency must provide a written response to the Employee’s written appeal in Section 14, above. This response will be provided within fifteen (15) days of receiving the written appeal.
15.Should the Employee choose to appeal the response provided by AOV pursuant to Section 15 above, the Employee must submit a written appeal to the Director of the Air Traffic Safety Oversight Service (AOV-1) or designee within fifteen (15) days of the Employee’s receipt of AOV’s response.
16.A response will be provided by AOV-1 (or designee) within fifteen (15) days of receiving the written appeal from the Employee, and shall include the specific basis for the final Agency determination.
17.If an Employee is on an approved Opportunity To Demonstrate Performance (ODP) Plan at the time they are scheduled to undergo their biennial skills review, the credential period will be extended for the duration of the ODP Plan.
18.Employees who have not maintained currency requirements will not be required to undergo a biennial skills evaluation until they have returned to performing direct safety related air traffic control services. The Agency will not require both a recertification skills check and a biennial skills evaluation. In these circumstances, the certification skills check will begin the two (2) year period required for the next biennial skills evaluation.
19.Upon written request from NATCA’s National Office and no more than four (4) times annually, the Agency shall provide the Union with an electronic list, identified by region and facility of all qualified Examiners, CTO Examiners, and Proficiency Managers.
20.Upon request by the Union, the Agency will provide the Union with an electronic list annually, of all Employees who have had their credentials removed in the preceding year.
21.Any and all provisions of this Agreement are valid exceptions to and supersede any existing agency rules, orders and practices concerning AOV credentialing.
22.There shall be no local or regional supplements or modifications of this Agreement authorized.
23.This Agreement shall remain in effect until May 1, 2011 and shall be automatically renewed for periods of one (1) year unless either party gives written notice to the other of its desire to amend or terminate this Agreement in accordance with the provisions of the collective bargaining agreement. This Agreement shall remain in full force and effect until a new Agreement is reached.
THE PARTIES
For NATCA:
/s/ Bryan W. Zilonis, 18 MARCH 2008
Bryan W. Zilonis, Regional Vice President
National Air Traffic Controllers Association (NATCA)
For the FAA:
/s/ Hank P. Krakowski, 18 MARCH 2008
Hank P. Krakowski
Chief Operating Officer, Federal Aviation Administration
/s/, 20 MARCH 2008
Director of Air Traffic Safety Oversight Service
Appendix P-2
MOA Number : 3486
MEMORANDUM OF AGREEMENT
between the
NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION
and the
FEDERAL AVIATION ADMINISTRATION
Section 1: The parties have agreed in Article 56, Section 2 of the 1998 collective bargaining agreement, that no employee shall be discriminated against on the basis of sexual orientation.
Section 2: The parties further agree that an employee who wishes to raise a complaint of discrimination based on sexual orientation may do so under the parties’ negotiated grievance procedure, or through the Department of Transportation’s Procedure for Complaints of Discrimination Based on Sexual Orientation, but may not use both procedures for the same complaint.
Section 3: Complaint Procedure—An employee who chooses to make a complaint of discrimination based on sexual orientation under the DOT’s Complaint Procedure shall do so within 45-day time frame specified in Paragraph 8.B of the Complaint Procedure. An employee who makes this election must exhaust that Procedure, up to and including the Final Agency Decision. If the employee is not satisfied with that Decision, the Union, at the national level, reserves the right to file a grievance on behalf of the employee under Article 9, Section 11 of the NATCA/FAA Agreement.
Section 4: Grievance Procedure—An employee who chooses to pursue a complaint of discrimination based on sexual orientation under the grievance procedure shall file the grievance in accordance with Article 9, Section 8 of the NATCA/FAA Agreement. However, after doing so, the employee may elect instead to invoke the DOT’s Complaint Procedure by contacting an EEO Counselor within 45 calendar days of the alleged discriminatory event, or of the time the employee may have reasonably been expected to have learned of the event. In this case, the employee’s grievance will be null and void.
FOR NATCA:
/s/ Mike McNally
Mike McNally, President
/s/ Melinda K. Kim
Melinda K. Kim, Labor Relations
FOR FAA:
/s/
/s/
/s/
12/9/98
Date
Appendix P-3
MOA Number : 2883
MEMORANDUM OF UNDERSTANDING
Between
NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION
And
FEDERAL AVIATION ADMINISTRATION
This Memorandum of Understanding (MOU) is entered into between the National Air Traffic Controllers Association (herein referred to as “the Union” or “NATCA”) and the Federal Aviation Administration (herein referred to as “the Agency” or “Employer”); and collectively referred to as the “parties.” This agreement represents the parties’ understanding reached through the impact and implementation bargaining on the Agency’s initiation to implement Order 1400.10, FAA Equal Employment Opportunity Mediation Program.
The parties have agreed to the following:
1.The Employer will disclose to the Union all resolutions or settlement agreements involving bargaining unit complainants reached through the mediation program, with the exception of those described in paragraph 4 below. If impact will result to the working condition of bargaining unit employees, the parties shall negotiate over the impact and implementation on the terms reached in the resolution or settlement agreement. Negotiations shall be conducted in accordance with Article 7 of the parties’ collective bargaining agreement. However, recognizing the importance of settling EEO Complaints, and that the EEO complaint procedure has time limits outside the control of the parties, the parties will try to conclude bargaining as quickly as possible.
2.The terms and conditions contained in settlement agreements shall not conflict with or violate in any way the parties’ collective bargaining agreement.
3.If the complainant objects to sharing information about his/her settlement agreement with the Union pursuant to paragraph 1. because of privacy reasons, the Agency will provide to the Union, to the extent it is possible to do so without disclosing the name of the complainant or information that would reveal the complainant's identity, information sufficient to enable impact and implementation bargaining over the terms of the agreement.
4.The parties agree that the Agency is not required to disclose to the Union, pursuant to this Agreement, settlement agreement provisions such as the following: compensatory damages; a change in performance rating; restoration of leave; expunging derogatory information from the Official Personnel File; private apology; or rescinding or reducing a disciplinary action. The Union retains all rights, and waives no rights, guaranteed under Section 7114 of Title 5 of the U. S. Code, to obtain any and all information from the Agency.
5.Both parties will respect the privacy of the complainant(s). Neither party will share or disclose the terms of any settlement agreement without the written consent of the complainant, except as provided by law, rule or regulation.
For the Union:
/s/ Michael P. McNally
Michael P. McNally
/s/ Robert D. Taylor
Robert D. Taylor
/s/ Melinda K. Kim
Melinda K. Kim
For the Agency:
/s/ Ronald E. Morgan
Ronald E. Morgan
/s/ Fanny Rivera
Fanny Rivera
/s/ Scott Kallman
Scott Kallman
July 24, 00
Date
Appendix P-4
MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION AND THE FEDERAL AVIATION ADMINISTRATION
This agreement is made by and between the National Air Traffic Controllers Association (“NATCA” or “Union”) and the Federal Aviation Administration (“FAA” or “Agency”), collectively known as the “the Parties.” This agreement applies to all NATCA bargaining units and bargaining unit employees for the implementation of HRPM EMP 1.27 dated March 26, 2012. The Parties hereby agree to the following terms:
Section 1. The Agency shall provide the Union with notice of its intent to engage in a discretionary (“save money” or “non-emergency”) furlough of employees who are represented by the Union, at least forty-eight (48) hours prior to the Agency’s distribution of furlough notices to employees. The notice will contain at a minimum, the proposed number of employees that will be furloughed and the proposed amount of days and/or hours associated with each furlough. Following the notice, the Agency and the Union will immediately begin negotiations at the National level for procedures the Agency will follow in the implementation of the furlough.
Section 2. In case of a furlough involving an emergency shutdown or for extended emergency due to an Act of God or unforeseeable circumstances, the Agency will provide notice and opportunity to bargain in accordance with the Parties’ collective bargaining agreement.
Section 3. In scheduling a discretionary (“save money” or “non-emergency”) furlough for employees the furlough requirement may be expressed in terms of days or hours. An employee’s current work schedule, including AWS, determines the number of hours in their workday. For purposes of equity, employees will not be furloughed more than eight (8) hours in a workday.
Section 4. A furlough period is defined as beginning upon the Agency’s implementation of a furlough and ending upon the Agency’s cessation of the furlough.
Section 5. The Agency shall provide the Union with a full and complete list of all employees deemed “excepted” and “non-excepted” within every bargaining unit represented by NATCA for every FAA facility no later than the notice to the employees of an emergency (shutdown) furlough.
Section 6. The Parties agree to develop a joint Q&A to be attached and read in conjunction with this Agreement.
Section 7. Whenever a furlough occurs that will result in the employee being placed in a nonpay status, an SF-8 will be provided not later than when the nonpay status begins. In addition a link will be provided to a fact sheet containing information on applying for unemployment benefits.
Section 8. For furloughs of more than 30 continuous calendar days or more than 22 work days the RIF procedures contained in the applicable collective bargaining agreement(s) shall apply.
Section 9. The Agency should make efforts toward assuring that employees are provided up-to-date and accurate information as warranted. This may be done through union-management communication, employee briefings, periodic bulletins, newsletters or other means available to the Agency.
Section 10. For furloughs other than a lapse in Congressional appropriations, the provisions contained in the Disciplinary/Adverse Action article in the appropriate collective bargaining agreement shall apply.
Section 11. When implementing a discretionary (“save money” or “non-emergency”) furlough of 30 days or less, each Line of Business/Staff Office shall engage in pre-decisional involvement with the Union at the corresponding level, in considering the following actions in order to avoid or mitigate the effects of a furlough:
a)Request approval from the Office of Personnel Management to use the Voluntary Early Retirement Authority (VERA) which allows permanent employees to retire early;
b)Authorize the use of the Voluntary Separation Incentive Pay (VSIP) to eligible employees to voluntarily separate through retirement or resignation;
c)Support/encourage voluntary action such as voluntary changes from full-time to part-time schedules, voluntary resignations or retirements, acceptance of other Federal jobs, voluntary placement in furlough status or additional days in furlough status;
d)Ensure that part-time employees work only the number of hours in their official work schedule and/or changing the PT employee’s official work schedule to one with fewer hours;
e)Offer employees with the affected organization the opportunity to volunteer for involuntary RIF separations;
f)Implement hiring and/or promotion freezes;
g)Terminate temporary appointments;
h)Terminate reemployed annuitants;
i)Curtail overtime, except in emergency cases; and
j)Implement furlough on authorized holidays.
Section 12. For a part-time employee, the furlough requirements shall be prorated by computing the furlough days as furlough hours in the same proportion to those hours scheduled for full-time employees working 80 hours biweekly, based on work schedules.
Section 13. If an employee is scheduled to be on LWOP during his or her furlough period, the employee may designate any hours and/or days of LWOP as furlough time off in order to meet the furlough requirements.
Section 14. When an employee’s pay is insufficient to permit all deductions to be made, the Agency shall follow the order of precedence for applying deductions in compliance with CHCOC PPM-2008-01.
Section 15. An employee is entitled to pay for a holiday so long as he or she is in a pay status on either the workday preceding a holiday or the workday following a holiday. This applies to the in lieu of holiday as well.
Section 16. If an employee is unable to use their “use or lose” annual leave due to staffing and workload needs during the furlough period, and if she/he is unable to schedule this leave prior to the end of the leave year, such annual leave shall be restored.
Section 17. Employees cannot be required to perform work while in a furlough status.
Section 18. Absences due to a furlough shall be taken into consideration when assessing performance.
Section 19. Employees may utilize Employee Assistance Program (EAP) while in a furlough status to obtain credit/financial counseling services.
Section 20. To the extent authorized by law, Agency subsidized programs, including but not limited to childcare, transit and parking subsidies, shall not be negatively affected by a furlough.
Section 21. The Agency will make available through the employee website, a letter which may be presented to their creditors detailing the length of the furlough and the impact on the employee’s salary.
Section 22. Any employee on temporary assignment away from the facility/office shall be reimbursed for expenses authorized by the FAATP during the furlough period.
Signed on the 13th day of February 2013.
For NATCA:
/s/ Phil Barbarello
/s/ Bryan Zilonis
/s/ Anna Jancewicz
/s/ Dean Iacopelli
For FAA:
/s/ Michael Doss
/s/ Roscoe Ridley Jr.
Furlough (Discretionary and Shutdown)- Questions and Answers
Use in conjunction with: EMP-1.27 Furlough, appropriate Collective Bargaining Agreements and the NATCA/FAA Memorandum of Understanding regarding furloughs dated February 13, 2013.
Chapter 1 – Applicable to all furloughs
Section A: General
1. Q. What is a discretionary (“save money”, “administrative” or “non-emergency”) furlough?
A. A discretionary (“save money” or “non-emergency”) furlough is the placing of an employee in a temporary non-duty, non-pay status because of lack of work or funds, or for other non-disciplinary reasons. It is a planned event designed to absorb reductions necessitated by downsizing, reduced funding, lack of work, or any other event that requires the agency to save money. This kind of furlough is “non-emergency” in that the agency has sufficient time to reduce spending and therefore give adequate notification of its specific furlough plan and how many furlough days or hours will be required for each impacted employee. For most employees, there are two basic categories of furloughs, each involving different procedures. A furlough of 30 calendar days or less constitutes an adverse action and is subject to the procedures as described in the applicable collective bargaining agreement. A furlough of more than 30 calendar days constitutes a reduction in force (RIF) procedures and is subject to the procedures as described in the applicable collective bargaining agreement.
2. Q. What is a shutdown (“emergency”) furlough?
A. A “shutdown” furlough is the placing of an employee in a temporary non-duty, non-pay status in the event that funds are not available through an appropriations law or continuing resolution. A shutdown furlough is necessary when an agency no longer has the necessary funds to operate and must shut down those activities that are not excepted pursuant to the Antideficiency Act. A shutdown furlough might also occur due to an “act of God” or other unforeseeable circumstances.
3. Q. Are there requirements for notification to employees during a furlough?
A. Notification to employees differ between discretionary and shutdown furloughs. Requirements are detailed in the respective sections below.
4. Q. May an employee volunteer to do his or her job on a non-pay basis during a furlough period?
A. No.
5. Q. What appeal rights apply for employees for a furlough of 30 calendar days or less?
A. The employee may appeal the decision to furlough under the provisions of Article 9 of the appropriate collective bargaining agreement, to the Merit Systems Protection Board, or through the applicable Equal Employment Opportunity procedures. The appeal rights will be outlined in the written notice provided to employees.
6. Q. May employees take other jobs during the furlough period?
A. Even while on furlough, an individual is an employee of the Federal Government. In accordance with 5 CFR 2635.101(b)(10), (14); 2635.801(c) and FAA Order 3750.7, outside employment in general is permitted so long as it neither conflicts with official Government duties and responsibilities nor appears to do so. Employees are permitted to engage in outside aviation employment so long as the outside employer does not conduct activities for which the employee’s facility or office has official responsibility.
Should an employee submit a written request for prior approval, it will be acted upon as soon as possible, generally within thirty (30) days of receipt. When the employee accepts outside employment without prior approval due to the Agency's failure to respond within thirty (30) days to his/her written request for a determination of propriety, the Agency will take this into consideration should disciplinary action later be contemplated.
If prior approval is given and it is later determined that such employment is inconsistent with the provisions of Section 1, the following shall apply upon written notification to the employee:
a.If the outside employment is specifically prohibited by law, the employee shall cease the employment immediately.
b.In all other cases the employee shall cease the employment within fourteen (14) days.
7. Q. Are individuals working under an Interchange Assignment Agreement (IAA) subject to a furlough?
A. The specific authority for furloughing persons who are working under interchange assignment agreements, either inside the Federal government or with other organizations, will depend upon the nature of individual agreements, the status of the appointments, and/or the funding arrangements for the assignments. As a general rule, the following principles are applicable in determining whether to furlough personnel on interchange assignments:
•Personnel from non-Federal organizations on appointments to the FAA are subject to furlough in the same manner as other employees.
•Personnel on detail to the FAA from non-Federal organizations may continue working, provided that the non-Federal organizations pay the total costs of the detail.
•Personnel on detail to the FAA from non-Federal organizations which share part of the costs of detail may continue to work if the Federal portion of the cost was obligated from prior appropriations at the time of the IPA mobility agreements. In the event that a furlough takes place in the second year of the agreement at which time no funds are appropriated, the assignment should be terminated.
•Personnel on detail to the FAA from non-Federal organizations which do not pay or share the costs of the detail are subject to furlough in the same manner as other employees.
8. Q. What happens to employees' benefits (e.g., retirement, health benefits, life insurance, leave) if they receive temporary appointments in another agency while furloughed?
A. The leave should be transferred as if the employees had been transferred (See B-167975, 49 COMP. GEN. 383, September 1, 1970). Retirement, health benefits, life insurance, and leave should be handled as if the employees had been transferred.
Section B: Pay and Deductions from Pay
1. Q. If a furlough begins, will employees receive a paycheck for the last pay period worked prior to the furlough?
A. Yes.
2. Q. If an employee’s pay is insufficient to permit all deductions to be made, what is the order of precedence that deductions will be made from any salary check that the person may receive?
A. In general terms, the following deductions are taken from the employee’s pay in this order: 1) Retirement; 2) Social Security tax; 3) Medicare tax; 4) Federal Income tax; 5) basic health insurance premiums (e.g. FEHB); 6) basic life insurance premiums (e.g. FEGLI); 7) State tax; 8) Local tax; 9) collection of debts owed to the federal government; 10) court-ordered collections; 11) optional benefits (e.g. FEDVIP, FLTCIP, FSA, TSP); 12) other voluntary deductions (e.g. savings bonds, union dues); 13) IRS paper levies.
Section C: Service Credit for Various Purposes:
1. Q. Is furlough considered a break in service?
A. No, the employee is in non-pay, non-duty status for those days/hours. However, extended furlough may affect the calculation of creditable service for certain purposes.
2. Q. To what extent will the furlough (non-pay, non-duty status) affect my annual and sick leave accruals?
A. When a full-time employee accumulates 80 hours in a non-pay status (which includes furlough, leave without pay, absence without leave, and suspension), the amount of annual and sick leave that may be accrued in that pay period is reduced by the amount of leave the employee would normally earn during the pay period When a part-time employee is in a non-pay status, he or she will accrue less annual leave and sick leave, since part-time employees earn leave on a pro-rata basis--i.e., based on hours in a pay status. For purposes of computing accrual rates for annual leave, creditable service for time in a non-pay status is limited to an aggregate of 6 months in a calendar year (5 U.S.C. 8332(f)).
3. Q. To what extent does a furlough affect other civil service benefits and programs?
A. Non-pay status is credited as follows for:
•Permanent (career) tenure - the first 30 calendar days of each non-pay period is creditable service.
•Probationary period – an employee’s probationary period is not changed due to placement in a non-pay status.
•Qualification requirements - If an employee's developmental training is interrupted for thirty (30) days or more, the employee shall be granted sufficient training time to attain the level of proficiency he/she had at the time of the interruption, prior to the resumption of the remaining allotted training hours.
•Time-in-grade requirements – non-pay status is creditable service (applicable for employees in the FG Pay Plan).
•Retirement purposes - an aggregate non-pay status of 6 months in any calendar year is creditable service. Coverage continues at no cost to the employees while in a non-pay status. When employees are in a non-pay status for only a portion of a pay period, their contributions are adjusted in proportion to their basic pay (5 U.S.C. 8332 and 8411). The exception would be an employee who had substantial time in a non-pay status earlier in the year if the furlough causes him or her to have more than six months time in a non-pay status during the calendar year.
•Health benefits - enrollment continues for no more than 365 days in a non-pay status. The non-pay status may be continuous or broken by periods of less than four consecutive months in a pay status (5 USC Chapter 89). The agency contribution continues while employees are in a non-pay status. The agency is also responsible for advancing the employee’s share as well. The employee can choose between paying the agency directly on a current basis or having the premiums accumulate and to be withheld from his or her pay upon returning to duty.
•Life insurance - coverage continues for 12 consecutive months in a non-pay status without cost to the employees or to the agency (5 USC Chapter 87). The non-pay status may be continuous or it may be broken by a return to duty for periods of less than four consecutive months. If an employee is in active duty military status while in non-pay status, FEGLI coverage continues at no cost to the employee until time in non-pay status totals 12 months. The employee may elect to continue FEGLI coverage for an additional 12 months by paying both the employee and agency premiums (Basic coverage) and by paying the entire cost (Optional coverage). Per Section 1102 of Public Law 110-181, such an election must be made before the end of the first 12 months in non-pay status.
•Within-grade/range increases (FG Pay Plan Only) - an aggregate of 2 workweeks (or 80 hours for a full-time employee) non-pay status in a waiting period is creditable service for advancement to steps 2, 3, and 4; four workweeks (160 hours) for advancement to steps 5, 6, and 7; and six workweeks (240 hours) for advancement to steps 8, 9, and 10. For prevailing rate employees (FW Pay Plan), an aggregate of one workweek non-pay status (40 hours) is creditable service for advancement to step 2, three weeks (120 hours) for advancement to step 3, and four weeks (160 hours) for advancement to steps 4 and 5.
•Severance pay – non-pay status time is fully creditable for the 12-month continuous employment period required by the appropriate collective bargaining agreement.
•Thrift Savings Plan (TSP) - Employees should refer to the TSP Fact Sheet - Effect of Non-pay Status on Your TSP Account, available from the TSP web site at www.tsp.gov.
•Military duty or workers' compensation – non-pay status for employees who are performing military duty or being paid workers' compensation counts as a continuation of Federal employment for all purposes upon the employee's return to duty.
Section D: Retirement and Insurance
1. Q. When a furlough occurs during the three years of service prior to retirement, what effect will time in a furlough status have on an employee's high-3 average?
A. Generally there will be no effect on the high-3 average unless the furlough causes the employee to be in a non-pay status for more than 6 months during the calendar year.
2. Q. Are the retirement rules concerning the effect of a furlough the same for employees under the Civil Service Retirement System and the Federal Employees Retirement System?
A. Yes.
3. Q. What happens if an employee terminates his or her Federal Employee Health Benefits (FEHB) coverage while in a non-pay status in order to avoid the expense?
A. Employees who terminate FEHB coverage to avoid payment of premiums while in a non-pay or reduced-pay status do not have to wait for an FEHB open season to re-enroll. Termination of FEHB coverage will not affect an employee's right to carry such coverage into retirement or while in receipt of workers' compensation.
4. Q. Will an employee continue to be covered under the Federal Employee Health Benefits (FEHB) program if the agency is unable to make its premium payments on time?
A. Yes, the employee's FEHB coverage will continue even if an agency does not make the premium payments on time. Since the employee will be in a non-pay status, the enrollee share of the FEHB premium will accumulate and be withheld from pay upon return to pay status.
Section E: Impact on other Benefits Programs
1. Q. To what extent does non-pay status affect Flexible Spending Account (FSA) coverage?
A. Deductions will cease for periods of non-pay status where there are insufficient funds to cover the Flexible Spending Account (FSA) premium(s). If the employee is in a non-pay status and has not pre-paid the FSA allotment, their FSA account will be frozen and the employee will not be eligible for reimbursement of any health care expenses incurred during that period until he/she returns to a pay status and allotments are successfully restarted. However, if the employee has a Dependent Care Flexible Spending Account (DCFSA), dependent care expenses incurred during the period in a non-pay status which meet IRS guidelines for eligible expenses (i.e., the employee must incur the expenses in order to allow the employee and his/her spouse to work or attend school) may be reimbursed up to the FSA account balance. When the employee returns to a pay status, allotments will be recalculated based on the number of pay dates remaining in the Benefit Period.
If the employee prepays his/her premiums by accelerating allotments prior to being placed in a non-pay status, allowable health care expenses incurred during the period in a non-pay status will be eligible for reimbursement. Visit the FSAFEDS website, www.fsafeds.com for more information.
2. Q. To what extent does non-pay status affect Long Term Care (LTC) coverage?
A. Deductions cease when the employee is placed in a non-pay status and there are insufficient funds to cover the premium(s). In order for employees to continue Long Term Care (LTC) coverage, employees must make payments while in a non-pay status. Visit the LTC website, https://www.ltcfeds.com/documents for more information.
3. Q. To what extent does non-pay status affect Federal Employees Dental and Vision Insurance Plan (FEDVIP) coverage?
A. Deductions cease when the employee is placed in a non-pay status and there are insufficient funds to cover the premium(s). In order for employees to continue FEDVIP coverage, employees must make payments while in a non-pay status. For more information visit www.benefeds.com.
Section F: FMLA Leave during a furlough
1. Q. If an employee is furloughed during absences covered by the Family and Medical Leave Act of 1993 (FMLA), does the furlough count toward the 12-week entitlement to FMLA leave?
A. No. Consistent with applicable laws and Agency policy, furlough during absences covered by the FMLA is not counted against the 12-week FMLA entitlement.
Section G: Injury While on Furlough
1. Q. Are employees who are injured while on furlough eligible to receive workers compensation?
A. No. Workers compensation is paid to employees only if they are injured while performing their duties. Employees on furlough are not in a duty status. An employee who is receiving workers' compensation payments will continue to receive workers compensation payments during a furlough period and will continue to be charged LWOP.
2. Q. How is Continuation of Pay (COP) under the Federal Employees' Compensation Act affected by a furlough?
A. The Department of Labor's Office of Workers' Compensation Programs, which administers the Federal Employees' Compensation Act (FECA), advises that, in the event of a furlough, an employee who is disabled due to his or her injury is to be maintained in COP status during the furlough period unless the agency does not have monies available to pay the salary of that employee. If the agency does not have monies to pay salary during the furlough period but the agency's budget is subsequently restored in such a way as to allow for retroactive payment of salary during the furlough period, the employee should receive COP for any period of disability that occurs within the furlough. In the event an agency is legally unable to pay COP to an employee because of a furlough, the employee may file a claim for regular FECA wage loss compensation for that period.
Section H: Unemployment Compensation for Federal Employees (UCFE)
1. Q. Are employees entitled to UCFE benefits while on furlough?
A. It is possible that employees may be eligible for UCFE benefits, especially if they are on consecutive furlough days. State unemployment compensation requirements differ. Once employees are in a non-pay status they should contact their State unemployment office for more information regarding filing for unemployment benefits. The list below gives Web sites or instructions for each state when filing an initial claim for unemployment.
Alabama – http://dir.alabama.gov/uc/
Alaska – http://www.labor.state.ak.us/esd_unemployment_insurance/call-centers.htm
Arizona – https://www.azdes.gov/landing.aspx?id=4211
Arkansas – http://dws.arkansas.gov/UI/index.htm
California – https://eapply4ui.edd.ca.gov/
Colorado – http://www.colorado.gov/cs/Satellite/CDLE-UnempBenefits/CDLE/1248095315427
Connecticut – http://www.ctdol.state.ct.us/progsupt/unemplt/FileClaim.htm
Delaware – http://ui.delawareworks.com
District of Columbia – http://does.dc.gov/service/unemployment-compensation-process
Florida – http://www.floridajobs.org/job-seekers-community-services/reemployment-assistance-center/file-a-claim
Georgia – http://www.dol.state.ga.us/js/file_unemployment_insurance_claim.htm
Hawaii – http://labor.hawaii.gov
Idaho – http://labor.idaho.gov/dnn/Default.aspx?TabID=681&AspxAutoDetectCookieSupport=1
Illinois – http://www.ides.state.il.us/individual/certify/default.asp
Indiana – http://www.in.gov/dwd/2508.htm
Iowa – http://www.iowaworkforce.org/ui/file1.htm#1
Kansas – https://www.getkansasbenefits.com
Kentucky – http://www.kewes.ky.gov/
Louisiana – http://www.laworks.net/UnemploymentInsurance/UI_Claimants.asp
Maine – http://www.maine.gov/labor/unemployment/claims.html
Maryland – http://www.dllr.state.md.us/employment/unemployment.shtml
Massachusetts – http://www.mass.gov/lwd/unemployment-insur/
Michigan – http://www.michigan.gov/uia/0,1607,7-118--77962--,00.html
Minnesota – http://www.uimn.org/uimn/applicants/
Mississippi – http://mdes.ms.gov/unemployment-claims/
Missouri – http://www.labor.mo.gov/des/claims/
Montana – https://app.mt.gov/ui4u/index
Nebraska – https://uibenefits.nwd.ne.gov/BPSWeb/jsp/BPSClaimantWelcome.jsp
Nevada – http://www.ui.nvdetr.org/UI_Agreement.html
New Hampshire – https://nhuis.nh.gov/claimant/
New Jersey – http://lwd.dol.state.nj.us/labor/ui/fileui/file_index.html
New Mexico – http://www.dws.state.nm.us/UnemploymentInsurance/UIClaimsandBenefitsSystem/NMWorkforceConnectionUISystem
New York – http://www.labor.ny.gov/unemploymentassistance.shtm
North Carolina – https://www.ncesc.com/individual/webInitialClaims/applyBegin.asp
North Dakota – http://www.jobsnd.com/unemployment-for-individuals
Ohio – http://unemployment.ohio.gov/
Oklahoma – https://unemployment.state.ok.us
Oregon – http://www.oregon.gov/employ/ui/pages/index.aspx
Pennsylvania – http://www.uc.pa.gov/portal/server.pt/community/eligibility/20593
Puerto Rico – file via phone by calling 787-754-5353
Rhode Island – http://www.dlt.ri.gov/ui/
South Carolina – http://dew.sc.gov/claim-and.asp
South Dakota – http://dlr.sd.gov/ui/uibenefits.aspx
Tennessee – http://www.tn.gov/labor-wfd/Claimants/appintro.html
Texas – http://www.twc.state.tx.us/ui/uiclaim.html
Utah – http://jobs.utah.gov/ui/Jobseeker/FileNew.asp
Vermont – http://www.labor.vermont.gov/Unemployed/tabid/109/Default.aspx
Virginia – http://www.vec.virginia.gov/unemployed
Virgin Islands – file in person only. Contact information is listed at http://www.vidol.gov/OP/Contact.htm
Washington – http://www.esd.wa.gov/uibenefits/apply/eligibility/am-i-eligible.php
West Virginia – http://www.wvcommerce.org/business/workforcewv/unemployment_compensation/claimants/default.aspx
Wisconsin – http://dwd.wisconsin.gov/uiben/
Wyoming – https://doe.state.wy.us/InetClaims/
Section I: Labor Management Relations Implications
1. Q. Does a furlough cancel or supersede any provision contained within the collective bargaining agreement or other Memorandum of Understanding (MOU)?
A. No. All provisions and Agency obligations contained within the collective bargaining agreements and national, regional or local MOU’s remain in full force and effect.
2. Q. Are Union representatives entitled to official time during the furlough period?
A. Yes. All provisions and Agency obligations contained within the collective bargaining agreements and national, regional or local MOU’s remain in full force and effect.
3. Q. Will procedures to effect the furlough be developed?
A. Yes. The Parties at the National level will negotiate implementation procedures, although the timing of these negotiations may be different for a discretionary and a shutdown furlough.
Chapter 2 – Discretionary Furloughs
Section A: General
1. Q. For discretionary furloughs necessitated by Agency or LOB funding shortfalls, is the Agency required to provide employees 30 calendar days advance written notice and an opportunity to respond prior to issuing a decision to furlough?
A. Yes. The advance written notice and opportunity to respond are required for a planned furlough of less than 30 calendar days. The employee has the opportunity to reply to the notice orally and in writing within fifteen (15) days from the date the employee receives notice proposing the action. The employee’s response must be considered by the Agency prior to the final decision to furlough the employee.
2. Q. Are employees entitled to duty time and representation to prepare their responses?
A. Yes. The employee and the Union representative shall be granted a reasonable amount of excused absence and official time of up to sixteen (16) hours, if otherwise in a duty status. The timing of the grant of excused absence shall, to the maximum extent possible, be scheduled at the employee's convenience.
3. Q. Will the number of discretionary furlough days be continuous or discontinuous?
A. The Agency and the Union at the National level will negotiate the procedures the Agency will follow in the implementation of the furlough. However, a discretionary furlough may not exceed 30 continuous calendar days or 22 discontinuous work days.
4. Q. Will employees be allowed to select when they will take furlough days?
A. The Agency and the Union at the National level will negotiate the procedures the Agency will follow in the implementation of the furlough.
5. Q. Will all employees be on a discretionary furlough at the same time?
A. No.
6. Q. Are there employees that are “excepted” from the discretionary furlough?
A. No, The strict requirements of determining which employees are excepted or non-excepted is based on legally established criteria which does not apply to a discretionary furlough, as it does to a lapse of appropriation furloughs. When the Agency or LOB makes a decision to implement a discretionary furlough for 30 days or less there are no “excepted” employees.
7. Q. Would employees who are detailed or assigned outside the Agency during part, or the entire period, of a discretionary furlough be subject to furlough? What happens to staff being funded under reimbursable agreements (e.g., AIR personnel in the Military Certification Office – reimbursed by DoD)?
A. Employees on a reimbursable detail from the Agency would not be subject to furlough if full reimbursement continued. If reimbursement were reduced or eliminated, the employee would be subject to furlough. FAA employees assigned to non-Federal organizations who are on leave-without-pay from their Federal positions may continue working.
8. Q. How will the length of furlough day hours be calculated? Is this based on employees’ work schedules, e.g. 8, 9, or 10 hours?
A. An employee’s current work schedule, including AWS, determines the number of hours in their workday. For purposes of equity, employees will not be furloughed more than eight (8) hours in a workday.
9. Q. How would the Agency schedule a discretionary furlough for part-time employees?
A. For a part-time employee, the furlough requirements shall be prorated by computing the furlough days as furlough hours in the same proportion to those hours scheduled for full-time employees working 80 hours biweekly, based on work schedules.
10. Q. May an employee work on a discretionary furlough day in exchange for taking a day off at another time for religious observances?
A. No.
Section F: Requests for Leave during a Furlough period
1. Q. Can an employee request to be furloughed in lieu of paid leave—i.e., annual, sick, court, military leave, or leave for bone marrow or organ donation —after receiving a furlough notice, in order to meet the furlough requirements.
A. The Agency and the Union at the National level will negotiate the procedures the Agency will follow in the implementation of the furlough.
2. Q. Can an employee substitute furlough days for absences taken pursuant to the FMLA?
A. Yes, an employee may choose to substitute furlough days for periods of absence taken under the FMLA. These periods would offset the employees furlough requirement.
3. Q. What happens to ‘use of lose’ annual leave that cannot be taken as a result of a furlough?
A. If an employee is unable to use their “use or lose” annual leave due to staffing and workload needs during the furlough period, and if she/he is unable to schedule this leave prior to the end of the leave year, such annual leave shall be restored.
Section I: Payments upon Separation from Federal Service
1. Q. If there is a discretionary furlough, may employees who are separating receive a lump-sum payment for their unused annual leave?
A. The obligation of funds for a lump-sum annual leave payment is triggered by an employee's separation from Federal service. If an employee separates during a furlough period, the lump-sum annual leave payment will be paid.
Section J: Documentation of a Discretionary Furlough
1. Q. How is time on discretionary furlough documented?
A. An SF-50, "Notification of Personnel Action," must be prepared for each individual subject to furlough (or a list form of notification for a group of employees who are to be furloughed on the same day or days each pay period). A return-to-duty SF-50 is necessary only for return from a consecutive furlough, not for a return from a discontinuous furlough (nonconsecutive days).
Section K: Travel and Training
1. Q. What happens to employees who are away from their duty station on work assignment when the furlough period begins?
A. Any employee on temporary assignment away from the facility/office shall be reimbursed for expenses authorized by the FAATP during the furlough period. Travel vouchers submitted and approved in GovTrip prior to the furlough will be processed. The traveler is responsible for payment of his/her Travel Charge Card bill.
2. Q. Will employees on TDY continue to receive coverage under insurance and other provisions that typically cover employees on travel?
A. Yes. As long as the employee is on valid TDY (e.g., employees traveling home within 24 hours of furlough, long term TDY or international assignments that have not been cancelled) the employee will be covered by the same provisions and insurance as he/she would if there had been no furlough.
3. Q. When a discretionary furlough occurs, do training courses in progress continue? Is there a distinction between technical (safety critical) and non-technical training? How much time do they have to return? Do they need to return home prior to the anticipated beginning of a shutdown?
A. If a furlough occurs, the LOB should be capable of planning the employees’ furlough days around training requirements. The nature of a planned discretionary furlough allows managers flexibility to work around training requirements. As a general rule, training should only continue to the extent that it contributes to the safety of human life or preservation of property.
4. Q. Should employees on long term TDY or on international long term assignment return to their home facilities in the event of a discretionary shutdown?
A. Employees on long term TDY or international long term assignment should not break lease agreements and return home to their permanent duty station.
Chapter 3 – Shutdown Furlough (emergency shutdown or for extended emergency due to an Act of God or unforeseeable circumstances)
Section A: General
1. Q. In the event of a shutdown furlough, can an employee be furloughed without first receiving a written notice of decision to furlough?
A. Yes. While an employee must ultimately receive a written notice of decision to furlough, it is not required that such written notice be given prior to effecting the emergency furlough or in person. Advance written notice is preferable, but when prior written notice is not feasible, then any reasonable notice (e.g., telephonic, oral, personal email, or by mail promptly after the furlough) is permissible.
2. Q. Are there employees that are “excepted” from a shutdown furlough?
A. The strict requirements for determining which employees are excepted or non-excepted is based on legally established criteria which does not apply to a discretionary furlough, as it does to a lapse of appropriation furlough. When the furlough is a result of the lapse of an appropriation, the term "excepted employees" refers to employees who are excepted from a furlough, by law because they: (1) perform emergency work involving the safety of human life or the protection of property, (2) are involved in the orderly suspension of agency operations, or (3) perform other functions exempted from the furlough. Note: "excepted employees" is not to be confused with “employees in the excepted federal service.”
3. Q. How will the length of furlough day hours be calculated? Is this based on employees’ work schedules, e.g. 8, 9, or 10 hours?
A. In a shutdown furlough, non-exempted or non-excepted employees will be furloughed for the entirety of their workday.
Appendix P-5
Memorandum of Understanding
Between
National Air Traffic Controllers Association, AFL-CIO
And
Federal Aviation Administration
This Memorandum of Understanding (“Agreement”) is entered into by and between the National Air Traffic Controllers Association, AFL-CIO (“Union” or “NATCA”), and the Federal Aviation Administration (“Agency” or “FAA”), collectively known as “the Parties.” The parties agree as follows:
Section 1. The FAA and NATCA are committed to improving air traffic control system safety. To that end the agency agrees to work collaboratively with NATCA on the development and/or modification of Air Traffic Safety Guidance (ATO-SG) documents.
This agreement shall remain in effect for the duration of the Parties’ Collective Bargaining Agreement.
For the National Air Traffic ControllersAssociation, AFL-CIO:
/s/ Steve Hansen, 4/20/15
Chairman National Safety Committee
/s/ Christopher Gant, 4/20/15
Sr. Labor Relations Attorney
For the Federal Aviation Administration:
/s/ Mark Paulus, 4/8/15
Technical Labor Liaison Management Services AJG-L11
/s/ Robert McCoy, 4/8/15
Labor Relations Specialist AHL-C400
/s/ Joseph Teixeira, 4/8/15
Vice President for Safety & Technical Training AJI-0
Appendix P-6
ATO Fatigue Risk Management System (FRMS)
Fatigue Safety Steering Committee (FSSC) Charter
1 – ATO Fatigue Risk Management System
A Fatigue Risk Management System (FRMS) is… “a scientifically based, data-driven process and systematic method used to continuously monitor and manage fatigue risks associated with fatigue-related error. It employs a multi-layered defense to proactively manage operational fatigue risk.” 1
The FAA Air Traffic Organization (ATO) FRMS facilitates improved safety of the National Airspace System (NAS) and improved performance and safety of employees by identifying fatigue hazards, classifying fatigue risks, and recommending mitigations to reduce fatigue risk.
The Vice President of ATO Safety and Technical Training has fatigue safety program responsibility within the ATO. The Fatigue Risk Management Team (FRMT) within ATO Safety and Technical Training operates the ATO FRMS in conjunction with guidance from the Fatigue Safety Steering Committee (FSSC).
2 – Commitment:
The Agency commits to provide adequate resources to support the FRMS. The Parties commit to continuous improvement of the FRMS. The Parties agree that the ATO FRMS can only be effective if all participants are aware of their responsibilities and have the commitment, skills and resources to meet those responsibilities.
3 – FSSC Purpose:
The FSSC collaborates on issues concerning operational fatigue hazards and risks across the NAS and provides direction and oversight of the FRMS.
4 – FSSC Responsibilities:
Responsibilities of the FSSC include:
•Identifying fatigue-related issues in the ATO operational work environment and providing prioritization to the FRMT.
•Receiving and reviewing operational fatigue analysis conducted by the FRMT.
•Establishing work groups, in accordance with applicable Collective Bargaining Agreements (CBA), for identified operational fatigue hazards that do not warrant an SRMP.
•Establishing Safety Risk Management Panels (SRMP) for identified operational fatigue hazards.
1 From U.S. Department of Transportation Federal Aviation Administration Advisory Circular 120-100, Basics of Aviation Fatigue, June 7, 2010.
•Validating fatigue safety cases and mitigation recommendations prior to disposition by the Vice President of Safety and Technical Training.
•Reviewing status of recommendations forwarded to the AJI Vice President.
•The FSSC will operate collaboratively. FSSC recommendations will be based on consensus. Consensus refers to the voluntary agreement of all representatives of the FSSC for a particular outcome.
5– FSSC Membership:
The FSSC will have the following members:
•One (1) ATO management designee.
•One (1) representative from each affected labor union.
6 – FSSC Administration
The FRMT will provide support to the FSSC for the execution of its responsibilities. In this regard, the FRMT will:
•Facilitate and support the activities of SRMPs and workgroups established by the FSSC.
•Support the FSSC review process of fatigue-related analyses and validation of safety cases and mitigation recommendations.
•Facilitate and support the FSSC meetings.
oCollect, prepare and distribute meeting agenda items and preparatory materials no later than 14 days in advance of scheduled meetings.
oProvide a status on each element of the FRMT work plan at each FSSC meeting.
oProvide briefings on FRMS-related information that has been prepared for, or provided to, external organizations.
oAt the request of the FSSC, coordinate for the participation of subject matter experts.
oInform the FSSC regarding the status of recommendations under consideration by the AJI Vice President.
Meeting notes will be recorded and maintained by the FRMT and distributed to FSSC members. The notes will be considered the official record of the FSSC once approved by FSSC members.
Meetings will be scheduled once per quarter. Additional meetings may be scheduled as agreed to by the FSSC members.
/s/ David M. Boone, 5/31/12
FAA
/s/ Jeffrey D. Richards, 5/31/12
NATCA
Appendix P-7
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU” or “Agreement”) is made by and between the National Air Traffic Controllers Association (“NATCA” or “the Union”) and the Federal Aviation Administration (“FAA” or “the Agency”), collectively known as “the Parties.” This Agreement represents the complete understanding of the Parties at the national level concerning the process for reviewing facility level retention for developmental career level employees in facilities subject to a facility level decrease in accordance with Appendix A of the Parties’ Collective Bargaining Agreement (“CBA”) entitled “Complexity Formula for Terminal and En Route Pay Setting by Facility” (“Appendix A”).
Section 1. Either Party may, through the Collaborative Steering Committee (“CSC”) advise the other of training delays affecting specific facilities or individual employees in facilities that have been subject to a facility level decrease in accordance with Appendix A, when the delayed employee(s) are subject to facility level retention in accordance with Article 108, Section 10(B).
Section 2. Within thirty (30) days of the notice provided in Section 1, the CSC shall appoint a workgroup of not more than four (4) members, two from each Party, that shall review the training records, training plans, reasons that employees have not certified within two years of the facility level decrease, and all other material the workgroup deems appropriate.
Section 3. Within sixty (60) days of its appointment, the workgroup shall provide a report and recommendation to the CSC.
Section 4. All employees shall receive benefits in accordance with Article 108, Section 10 of the Parties’ Collective Bargaining Agreement, unless specifically agreed to by the Parties on a facility-by-facility and/or individual case-by-case basis.
Section 5. The CSC shall make a final determination as to the resolution of the issue in question. All agreements shall be reduced to writing.
Section 6. This Agreement shall have no precedential value and shall not be used by either party for any reason unrelated to the application, interpretation, and/or enforcement of this Agreement.
For the Union:
/s/ Patricia Gilbert
Executive Vice President
For the Agency:
/s/ Michael McCormick
Vice President Management Services
Date: July 13, 2012
Appendix P-8
Memorandum of Understanding
between the
National Air Traffic Controllers Association
and the
Federal Aviation Administration
This Agreement is made by and between the National Air Traffic Controllers Association ("NATCA" or "the Union") and the Federal Aviation Administration ("FAA" or "the Agency"), collectively known as "the Parties." This Agreement represents the complete understanding of the Parties at the national level concerning NATCA representatives working on the safety programs detailed in this MOU.
Section 1. The Union may designate one National Representative to the ATSAP Analysis Team (AAT) to provide critical technical advice to the Office of Safety. This representative will serve as the co-lead on the AAT, and assist in detailed analysis on specific safety issues reported within ATSAP, the Confidential Information Share Program (CISP), or as requested by the ERCs. The AAT Representative is also designated as an Aviation Safety Information Analysis and Sharing (ASIAS) and/or Commercial Aviation Safety Team (CAST) Representative.
Section 2. The Union may designate two (2) representatives, one terminal and one En-Route, for each Event Review Committee (ERC). ERC meetings may be convened either in person or via teleconference. Designated ERC Representatives may attend ERC meetings to ensure operational expertise in both terminal and en-route specialties are represented. The Parties shall jointly determine the number of ERC’s.
Section 3. The Union may designate one ERC analyst per ERC. The Union may designate four (4) analysts to serve on the AAT. Additional ERC or AAT analysts may be added as deemed necessary upon mutual agreement of the Parties at the National level.
Section 4. The Union may designate additional representatives with specialized knowledge in certain areas (e.g., Flight Service, ATOP, Oceanic, TMU) to advise the ERC for individual occasions when the ERC determines such expertise is needed.
Section 5. The Union may designate representatives to participate in ASIAS Directed Studies. The Parties shall jointly determine the number and function of these representatives, and what additional areas of expertise, if any, may be needed.
Section 6. Union participants assigned to ATSAP must be allowed to maintain currency at his/her facility of record. It is the desire of both Parties that these individuals are certified and current when selected.
Section 7. The Union may designate a Service Area Safety Representative for each Service Area. The Service Area Safety Representative shall work in collaboration with the Agency and facilitate the support of safety programs/initiatives within each Service Area office. He/she shall serve as the Union's principal link to safety programs (e.g. ATSAP, CRM, Risk Analysis Programs, Partnership for Safety) within each Service Area and endeavor to facilitate the resolution of any related issues with regard to the implementation and support of ATO safety programs. The Service Area Safety Representative will be allowed to participate as a full member of the RAP team.
Section 8. Within thirty (30) days of the signing of this agreement the Parties at the national level will meet to discuss the requirements dealing with continued ATSAP training and implementation issues. The Parties shall collaborate in the development of any subsequent training derived from ATSAP. If for some reason the Parties are not able to reach agreement on any portion of the training, the matter will be handled in accordance with Article 7 of the Collective Bargaining Agreement.
Section 9. Absent an emergency or other special circumstances, Union designees participating in the programs described in this Agreement shall be released from operational schedules to participate, afforded duty time, travel and per diem for all activities to include a reasonable amount of travel time to participate. Union designees shall be provided sufficient resources (room space, computers, other electronic equipment, etc) required to fulfill the duties of the position.
Section 10. Any modification or changes to the provisions of this Agreement shall only be made by mutual agreement of the Parties.
Section 11. Nothing in this Agreement shall be construed as a waiver of any right guaranteed to the Union under law, rule, regulation, or Collective Bargaining Agreement.
Section 12. This agreement shall remain in effect for the duration of the Parties’ Collective Bargaining Agreement unless otherwise agreed upon.
For NATCA:
/s/ Phil Barbarello
/s/ Steve Hansen
Date: 10-26-2011
For the FAA:
/s/ Joseph Teixeira
/s/ Mark Guiod
Date: 10-26-2011
Appendix P-9
MEMORANDUM OF UNDERSTANDING
SPACING EFFICIENCY TOOL (SET)
This Agreement is made between the National Air traffic Controller Association (“NATCA” or “the Union”) and the Federal Aviation Administration (“FAA” or “the Agency”), collectively known as “the Parties.” It includes the bargaining units consisting of Air Traffic Control Specialists, Traffic Management Coordinators/Specialists and Staff Support Specialists. This Agreement represents the complete understanding between the Parties at the national level concerning all issues regarding the development, testing, deployment, and evaluation of existing and future technologies under the Spacing Efficiency Tool (SET).
Section 1. A National SET Article 48 Representative shall be appointed to participate on the National SET workgroup in accordance with Article 48 of the Parties Collective Bargaining Agreement (CBA). This Representative will provide an operational perspective into the development, testing, deployment and evaluation of SET activities.
Section 2. The SET National Workgroup (SNW) will be comprised of two (2) Agency representatives and the National SET Article 48 representative. The SNW will make decisions collaboratively. A quorum consisting of a minimum of one (1) representative from the Agency and the Union is required for all collaborative decisions. The SNW will also serve as the SET Development team and Testing Group. The SNW will review all recommendations and determine which will be adapted. The SNW will document, prioritize, and schedule all adapted recommendations.
Section 3. The NATCA SNW representative shall be invited to participate in briefings and meetings affecting the development, testing, deployment or evaluation of SET initiatives. The Agency shall be responsible for notifying the NATCA SET Representative of any such activities.
Section 4. The NATCA SNW representative shall be in a duty status for all SET activities, to include a reasonable amount of time for travel to all such meetings that are conducted face to face. Additionally, they shall be afforded a reasonable amount of duty time to communicate with NATCA regarding the status of any SET initiatives.
Section 5. The Union representative shall be provided with access to computers, phones, and other resources that may be required to properly fulfill their roles. The Agency shall make every reasonable effort to provide workspace for the National SET Representative to utilize when participating in SET activities.
Section 6. The Agency shall provide the NATCA SNW Representative with written updates detailing any changes to implementation timelines for any SET initiative.
Section 7. The NATCA SNW Representative shall be invited to review and comment on SET implementation and evaluation reports.
Section 8. The NATCA SNW Representative and the Agency will collaborate to identify the content of all training related to SET activities.
Section 9. The SNW has determined that no portion of training related to the deployment of SET technology shall be pass/fail in nature.
Section 10. SET related eLMS training shall be provided to any bargaining unit employee using SET. The ATM or his/her designee will provide a verbal briefing on SET to all bargaining unit employees at each facility where SET is implemented.
Section 11. The Agency has determined that information derived from SET will only be used to identify aggregate systemic or organizational operational and/or safety issues and will not be attributed to or be used to identify individual employees.
Section 12. The Parties agree to develop a joint Q&A to be attached and read in conjunction with this Agreement.
Section 13. Union representatives at the local level shall be provided an access level to the SET program, equal to that of their Agency counterpart(s) and shall be invited to all briefings and meetings in regard to the use of the SET program that involves their respective facility.
Section 14. All SET program settings and local adaptations (e.g.: SET Zone, SET Point and local runway adaptations) shall be set by mutual agreement of the Parties at the local level.
Section 15. Where this agreement is inconsistent or in conflict with any local or regional MOU, the terms of this MOU shall supersede.
Section 16. This Agreement does not constitute a waiver of any right guaranteed by law, rule, regulation or contract on behalf of either Party.
Section 17. This Agreement shall terminate upon the expiration of the 2009 CBA between the Parties. This Agreement may be reopened upon mutual consent of the Parties.
For the Union:
/s/ Phil Barbarello, 2-28-2013
/s/ Dean Iacopelli, 2-28-13
For the Agency:
/s/ Eddie Dill, 2/28/13
/s/ Michael Doss, 2-27-13
SPACING EFFICIENCY TOOL (SET)
MEMORANDUM OF UNDERSTANDING
QUESTIONS AND ANSWERS
Q. 1. What is included in the eLMS training?
A.1. The eLMS training will give an overview and explanation of how SET.
Q. 2. Does everyone in the facility have to take eLMS training?
A. 2. No, only those employees that intend to access the SET data. All other employees will be provided a verbal briefing that provides an overview of the SET.
Q. 3. Can the information and/or data derived from SET be used as the basis for, or in support of, discipline for any bargaining unit employee?
A. 3. No. The information is only to be used for systemic or organizational purposes and cannot be attributed to or used to identify an individual employee.
Q. 4. Can the information and/or data derived from SET be used as part of an employee’s Individual Performance Management (IPM)?
A. 4. No. The information is only to be used for systemic or organizational purposes and cannot be attributed to or used to identify an individual employee.
Q. 5. Do all runway configuration requires the same SET program settings?
A. 5. No. It is likely that each runway configuration will have its own setting that shall be set my mutual agreement of the Parties at the local level.
Appendix P-10
National Air Traffic Controllers Association
AFL-CIO
VIA CERTIFIED MAIL
December 4, 2014
Debbie Christianson
Labor Relations Specialist
Collective Bargaining Service Division, AHL-300
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591
Certified Mail Number: 7012 0470 0001 3701 8755
Re: Spacing Efficiency Tool Memorandum of Understanding
Dear Ms. Christianson:
This letter is to confirm the agreement of the National Air Traffic Controllers Association (NATCA) and the Federal Aviation Administration (FAA) that the Arrival and Departure Rate Decision Support Tool (ADEST) and any other related future technologies that are developed, tested, deployed, and/or evaluated by the FAA are covered by the Parties’ existing Spacing Efficiency Tool (SET) Memorandum of Understanding, dated February 28, 2013.
Sincerely,
/s/ Anna A. Jancewicz
Director of Labor Relations, NATCA
For the Federal Aviation Administration:
/s/ Deborah Christianson, 12/5/2014
Date
cc: National Executive Board
Labor Relations
John McFall, FAA
Kem Parton, FAA
Theodore Byrne, FAA
Michael McCormick, FAA
Shelly Mlakar, FAA
Michael Doss, FAA
1325 Massachusetts Ave., N.W. Washington, D.C. 20005 (202) 628-5451 (202) 628-5767 FAX www.natca.org
Appendix P-11
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION
AND
THE FEDERAL AVIATION ADMINISTRATION
REGARDING FLIGHT DECK TRAINING (FDT)
This Memorandum of Understanding (MOU) is entered into by and between the National Air Traffic Controllers Association, hereinafter referred to as the "Union", and the Federal Aviation Administration, hereinafter referred to as the “Agency”, and collectively referred to as the “Parties”. It represents the Parties’ agreement regarding the procedures for bargaining unit employees to participate in the voluntary Flight Deck Training (FDT) program under the Order dated May 1, 2012.
This MOU has an attachment in a question and answer format in an attempt to ensure managers and bargaining unit employees are completely aware of the Parties understanding of the items contained within the FDT Order.
Section 1. If a participant is denied access to the flight deck on both preferred and alternate flights on an interim outbound or any return leg of flight deck training, the participant shall notify the Approving Authority, review alternatives, and receive instructions on what alternative flight is authorized. Participating employees shall be in a duty status on scheduled shifts(s) when flight deck opportunities were denied for the entire day. They shall also be on duty status during the ultimate return flight.
Section 2. When the facility is using a CIC to provide watch coverage, participants on authorized Flight Deck Training shall be provided with the contact information of their Approving Authority.
Section 3. The Parties at the local level will negotiate the procedure for notification and distribution of military FDT opportunities to eligible individuals in accordance with the FDT Order JO 3120.29B.
(1) Question: Who is eligible to participate in Flight Deck Training during this notice period?
Answer: Under this Order, any 2152 series Air Traffic Specialists, Traffic Management Coordinators, and Staff Specialists who are operationally current and medically qualified. You must also meet the following conditions:
a.For En Route or TRACON, you must be certified on a minimum of two (2) operational positions excluding Flight Data/ A-Side positions.
b.For Towers, you must be certified on a minimum of Flight Data/Clearance Delivery Positions and one ground Control Position.
c.For Flight Service Specialists, you must be certified on a minimum of two (2) operational positions including the pre-flight position.
(2) Question: What is required and what do I have to do in order to participate?
Answer: All eligible specialists must complete training on the Flight Deck Training Order, and review this MOU prior to participation. Required training includes a verbal briefing on the Order, the MOU, and watching a training video. Agency approval is required for all Flight Deck Training.
(3) Question: Why do I have to be in a duty status to participate?
Answer: This program is training designed to enhance your understanding of the air traffic system and specifically how air traffic specialists interact with flight deck crew. All official training must be accomplished while in a duty status.
(4) Question: Can I take Flight Deck Training in conjunction with leave?
Answer: No. Flight Deck Training is official training designed to enhance the Agency’s ability to perform its mission. It is not meant for free travel, nor is it designed to enable an employee to augment his/her vacation. No annual leave will be approved in conjunction with this program except for instances where an individual’s training request is insufficient to fulfill the employee’s scheduled shift on the day that flight deck training is conducted. For example, an employee requests to take a two (2) hour Flight Deck Training Flight. When you include the 90-minute pre-flight duty time and the 1-hour post flight duty time a manager can approve the employee to take the remaining hours of their shift as approved annual leave.
(5) Question: What if my total flight time is more than my scheduled duty shift?
Answer: Managers should ensure that all training can be conducted within an employees scheduled duty shift. Flights that are in excess of the scheduled duty shift, including the pre-flight and post flight time should not be approved. In the event of unanticipated delays or participation originating in Guam, and the flight deck training exceeds the participant’s duty hours, overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA).
(6) Question: An employee lives in New York and wants to take a Flight Deck Training flight to Seattle. Their requested flights include a 2-½ hour flight to Chicago, a three (3) hour layover and then a three (3) hour flight to Seattle. Since their actual flying time fits into their eight (8) hour scheduled duty shift, can they be authorized to take these flights?
Answer: Yes and No. If the request comes to the Approving Authority indicating total time of 8 ½ hours the official should disapprove it. While the flight time is only 5 ½ hours the employee must also factor in a period of up to 90 minutes pre-flight time and up to one (1) hour post flight duty period. Including the layover, the employee will exceed an eight (8) hour duty day and therefore the request should not be approved. However, an employee may request a basic work day consisting of non-consecutive hours. In this instance, the employee must make an advance request for non-consecutive hours along with the training request so that the hours on their layover are in a non-duty status. If the request for non-consecutive hours allows for the training to be accomplished within eight hours, the training request may be approved. Layover time may be in a duty status so long as the total travel time is under 8 hours.
NOTE-varying scheduled duty shifts such as 7, 9, and 10-hour shifts will allow for differing flight deck training calculations.
(7) Question: Will an employee get overtime if their scheduled duty shift is exceeded?
Answer: Yes. If they are on an 8-hour duty day schedule, and their flight deck training time exceeds eight hours, they are entitled to overtime pay for all time in excess of eight hours. Approving Authorities must be aware of this when approving Flight Deck Training requests. Approving Authorities should make every reasonable effort to ensure that training requests can be completed within an employee’s regularly assigned duty day.
(8) Question: A higher priority jump-seat occupant has bumped an employee on their preferred and secondary outgoing flight, what should they do?
Answer: The employee should immediately call their facility. An Approving Authority will give the employee instruction on what to do with the remaining portion of their shift. The FDT will be cancelled and it will not count against the employee’s total number of permitted flights.
(9) Question: An Employee is bumped on both their preferred and alternate return flights or an interim outbound leg. What should they do?
Answer: They should first check with the carrier that they were authorized to train on to see if the carrier has an alternative flight for their return. If the carrier does not, then check other airline schedules and see if they have any return flights. Employees must not solicit for a flight. Once an employee has researched alternative flights, they are required to call their facility/duty station and ask for guidance. When the Approving Authority gives authorization, the employee may then make pen and ink changes to their FAA Form 3120-37 as well as Form 3120-38 and request access to the flight deck from the carrier.
(10) Question: Can an employee take a FDT on a Holiday or day in lieu of a holiday?
Answer: No
(12) Question: What specific issues disqualify an eligible employee from participating in FDT under this notice?
Answer:
a.When temporarily medically incapacitated.
b.When in any category leave status, paid or non-paid, or when receiving continuation of pay benefits under the Federal Employees' Compensation Act.
c.When a participant is unable to meet the criteria of FAA Order 8900.1, Par 3-42B, Admission to Flight Deck-Physical, Cognitive, Language Capabilities.
d.When their security clearance is suspended or revoked.
e.When identified with, or in treatment for substance abuse problem.
f.When suspended from the program.
(13) Question: How should an employee be groomed and attired when taking Flight Deck Training?
Answer: The Agency expects employees to be neatly groomed and dressed in business attire; however, each provider may have specific requirements, which are out of the Agency’s control. Employees can expect each airline to require them to be dressed in professional business attire. Some providers will also dictate grooming such as no beards. Employees will receive each provider’s expectations prior to their training and are expected to comply with the provider’s requirements in this regard.
(14) Question: An employee is on their return flight and is bumped off their preferred and alternate flights. The next available flight is not until the following morning. Will the Agency reimburse the employee for any expenses?
Answer: No. Flight Deck Training is voluntary. The Agency does not require anyone to participate. Any expenses incurred as a result are borne by the participant.
(15) Question: What is the priority level of all types of leave versus FDT participation?
Answer: Competing requests for annual leave shall take priority over flight deck training requests. Already approved flight deck training will not be cancelled due to subsequent annual leave requests.
(16) Question: Can a CIC approve Flight Deck Training?
Answer: No. Flight Deck Training can only be approved by an Approving Authority. A CIC is not designated as an approving official.
(17) Question: How many training trips may an employee take under this notice?
Answer: An employee may be authorized to take up to two trips per calendar year on air carrier/air cargo providers and General Aviation (GA) aircraft. Where available, participants may take one (1) FDT flight per calendar year on military aircraft. One (1) additional air carrier/air cargo flight per calendar year may be authorized by the FDT PMO when, in conjunction with an ATSAP Event Review Committee (ERC) or other authorized ATSAP follow up review process, an employee accepts a recommendation to participate in FDT.
(18) Question: After boarding the aircraft, the pilot-in-command instructs an employee to take a seat in the back of the aircraft. What should the employee do?
Answer: The employee should inform the pilot that they are required to sit in the flight deck. If the pilot-in-command insists and the aircraft door is still open, the employee should get off the plane and call the Approving Authority for direction. If the employee cannot exit the aircraft, they should follow the pilot’s instruction. The employee shall also note on their training form that the pilot directed them to exit the cockpit.
(19) Question: What is the “CASS?”
Answer: Cockpit Access Security System is a system that enables gate agents to query records of airline/FAA employees authorized to access the flight deck. All FDT participants will be entered into the system. The FDT Program Management Office will coordinate with FAA Security (AJR-2) and enter participants’ information into CASS. The CASS shall contain first name, last name, a portrait photo, participant’s ID number (located on the back of the PIV card in the bottom left hand corner), badge expiration date, and FDT confirmation number.
(20) Question: Who pays for postage if the forms are submitted via mail in lieu of email or fax and who is responsible for providing the photo?
Answer: At facilities with the capability to provide photographs and postage, these responsibilities and costs associated with such will be borne by the Agency. At facilities without the capabilities for such, the costs associated will be borne by the participant.
(21) Question: What is expected of employees while on the flight deck?
Answer: Employees are expected to act in a professional manner and follow flight crew instructions. They are required to safeguard information such as Federal Air Marshals or Federal Flight Deck Officers who are present. They may also be required to observe cockpit security rules and any other provider requirement such as sterile cockpit rules below 10,000 feet.
(22) Question: An employee routinely provides services to international flights. Can the employee take a training flight to an international destination?
Answer: No. All training must be domestic or overseas domestic (such as San Juan, Hawaii, Guam or St. Thomas).
This MOU shall remain in effect for the duration of the 2009 Collective Bargaining Agreement between NATCA and the FAA (for the ATC, NOTAM, and TMU bargaining units).
For the Union:
/s/ Hamid Ghaffari
For the Agency:
/s/ Mark Guiod
Appendix P-12
Memorandum of Understanding
This Agreement is made by and between the National Air Traffic Controllers Association (“NATCA” or “the Union”) and the Federal Aviation Administration (“FAA” or “the Agency”), collectively known as “the Parties.” The Parties agree that the intent of this MOU is to facilitate the placement of Air Traffic Control Specialists to air traffic control facilities (e.g.: Vacancy Announcements, Employee Requested Reassignments (ERRs), Hardships, Training Failures, and New Hires). This Agreement represents the complete understanding of the Parties at the national level concerning Air Traffic Control Specialist Staffing Targets for Air Traffic Control Specialist positions located in field facilities.
Section 1. The facility Staffing Target is a combination of the facility specific Certified Professional Controller (CPC) staffing level and the facility specific trainee (e.g.: CPC-IT, developmental) staffing level. The Agency agrees to collaborate with the Union in the development of these levels. These Targets will be comprised of:
a.The number of CPCs necessary to meet facility operational/contractual/statutory requirements, including resources to develop, evaluate, and implement processes and/or initiatives affecting the National Airspace System; and,
b.The number of trainees needed in the pipeline to maintain the number of CPCs based upon the facility's forecasted gains and losses. The forecasted timeframe is based on the facility's training cycle (time to certify). This pipeline trainee target is dynamic, so the number of required trainees will decrease or increase as staffing gains and losses (actuals and projections) occur.
Section 2. Facility Staffing Targets will be used as a basis for Agency placement decisions. This Agreement does not bind the Agency to hire to a particular National or facility level nor does it constitute an election by the Agency to negotiate staffing numbers.
Section 3. Nothing in this Agreement constitutes a waiver of any right guaranteed to either Party under law, rule, regulation, Memoranda of Understanding, or the NATCA/FAA Collective Bargaining Agreement.
Section 4. This Agreement shall be periodically reviewed for effectiveness. The parties agree to work collaboratively in an effort to address and/or resolve any identified concerns.
Section 5. This Agreement shall remain in effect for the duration of the Parties’ 2009 Collective Bargaining Agreement.
Signed this 17th day of October 2014
For the Union:
/s/ Phil Barbarello, NATCA
/s/ Bryan Zilonis, NATCA
/s/ Dean Iacopelli, NATCA
/s/ Jeff Richards, NATCA
/s/ Andrew LeBovidge, NATCA
/s/ Eugene Freedman, Special Counsel to the NATCA President
/s/ Anna Jancewicz, Director of Labor Relations, NATCA
For the Agency:
/s/ Shelly Mlakar, Acting Director, ATO Labor and Employee Development
/s/ John H McFall, Acting Director, Employee and Labor Management Relations, Federal Aviation Administration
/s/ Michael Doherty, Senior Attorney, AGC-100
Appendix P-13
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION
AND
THE FEDERAL AVIATION ADMINISTRATION
REGARDING THE ASSUMPTION OF
WEATHER OBSERVATION DUTIES IN FAA
AIR TRAFFIC CONTROL TOWER FACILITIES
This Memorandum of Understanding (MOU) is entered into by and between the National Air Traffic Controllers Association, hereinafter referred to as the "Union", and the Federal Aviation Administration, hereinafter referred to as the “Agency”, and collectively referred to as the “Parties”. It represents the Parties’ agreement regarding the Certified Weather Observers (CWO) transition initiative.
Section 1. The Agency shall provide the Union with a list of those facilities that will transition into the Limited Aviation Weather Reporting Station (LAWRS) program. The list will include the facility name, projected date of termination of transition into the LAWRS program and the date by which employees will assume weather observation duties. The list will be attached to this Agreement as Appendix A.
In the event the Agency intends to add any facility to Appendix A, they will provide no less than sixty (60) days notice of any addition.
Section 2. The Agency will ensure that adequate and consistent training is provided to employees prior to taking the LAWRS certification test and being required to perform LAWRS observations.
Section 3. The Agency has determined that LAWRS observations can only be taken from within the tower cab and employees shall not be required to go outside to conduct a LAWRS observation.
Section 4. The Agency has determined that employees assigned to the facility prior to the CWO transition initiative shall not be required to achieve LAWRS certification as part of the overall facility Certified Professional Controller (CPC) and/or Controller In Charge (CIC) certifications. Employees who are unable to achieve LAWRS certification after their initial testing shall be afforded the training necessary to attain their LAWRS certification.
Section 5. The Agency has determined that the only medical qualifications necessary to attain LAWRS certification are those contained in FAA Order 3930.3B.
Section 6. The Parties at the local level shall negotiate the placement of all equipment used by bargaining unit employees associated with the LAWRS operations.
Section 7. If the Agency assumes responsibility for administering the Observer Certification Program from the National Weather Service (NWS), the Parties at the national level will collaborate to develop the new certification test, necessary training and currency requirements.
Section 8. There is no requirement for an employee to have a LAWRS certificate in their possession.
Section 9. The Agency shall not bill/charge employees for an original LAWRS certificate or replacement certificate if lost or stolen.
Signed this 8 day of April, 2013
For the Union:
/s/ Phil Barbarello
/s/ Dean Iacopelli
For the Agency:
/s/ Eddie J Dill
/s/ Kurt Comisky
Appendix P-14
Memorandum Of Understanding
Between the
National Air Traffic Controllers Association, AFL-CIO
And the
Federal Aviation Administration
This Memorandum of Understanding (“MOU” or “Agreement”) is entered into by the National Air Traffic Controllers Association – AFL-CIO (“NATCA or “Union”) and the Federal Aviation Administration (“FAA” or “Agency”), collectively referred to as the “Parties.” This Agreement represents the complete understanding between the Parties regarding the use of the Currency Dashboard. The Currency Dashboard system is designed for all employees to have access to monthly currency statistics. It will display individual currency information as well as detailed currency reports by facility and areas within a facility.
This Agreement is applicable to Air Traffic Controller Specialists, Traffic Management Coordinators/Specialists, and Staff Support Specialists, who maintain currency.
Section 1. All Bargaining Unit Employees (BUE) that maintain currency will receive a briefing on the information necessary to access and utilize the Currency Dashboard. All employees will be granted access to the Currency Dashboard. Upon receiving a briefing CICs will utilize Currency Dashboard as described in Section 2 of this agreement.
Section 2. The Currency Dashboard will be used by BUEs when performing Controller in Charge (CIC) duties on the first day of the calendar month to ensure employees who have not met their currency requirements for the previous calendar month are not assigned operational duties. BUEs may access the tool for individual currency information.
Section 3. Employees not meeting monthly currency requirements shall be scheduled for recertification on their first scheduled shift of the month following the calendar month in which currency requirements were not met, or as soon as practicable thereafter, on an employee’s regularly scheduled shift.
Section 4. This Agreement does not constitute a waiver of any right guaranteed by law, rule, regulation or contract on behalf of either Party.
Section 5. This Agreement will terminate upon the expiration of the Parties’ 2009 Collective Bargaining Agreement, unless specifically extended by mutual agreement of the Parties.
Signed this 29th day of February 2016.
For NATCA:
/s/ Dean Iacopelli
/s/ Phil Barbarello
For FAA:
/s/ Kathy Heet
/s/ Chad Timm, 3/7/16
/s/ Carol McCrarey, 3/7/16
Appendix P-15
MEMORANDUM OF UNDERSTANDING
Between the
NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION – AFL-CIO
and the
FEDERAL AVIATION ADMINISTRATION
This Memorandum of Understanding (“MOU” or “Agreement”) is entered into by the National Air Traffic Controllers Association – AFL-CIO (“NATCA or “Union”) and the Federal Aviation Administration (“FAA” or “Agency”), collectively referred to as the “Parties.” This Agreement represents the complete understanding between the Parties regarding the Agency’s implementation of MedXPress.
This Agreement is applicable to Air Traffic Controller Specialists, Traffic Management Coordinators/Specialists, and Staff Support Specialists, who maintain currency, and any other Bargaining Unit Employee required to have a medical clearance.
Section 1. The MedXPress system is designed for all applicants and employees to electronically complete and submit the application for Airman Medical Certificate (FAA Form 8500-8). The Agency shall notify the Union at least thirty (30) days prior to mandating NATCA Bargaining Unit Employees to utilize MedXPress.
Section 2. Prior to implementation, Bargaining Unit Employees will receive a briefing on all information necessary to access and utilize the MedXPress system.
Section 3. Access to information contained within the MedXPress system shall be password protected and restricted to each individual employee, the Regional Flight Surgeon (“RFS”), Aviation Medical Examiner (AME), and other FAA representatives consistent with all applicable laws, the Parties’ Collective Bargaining Agreement (“CBA”) and the Agency’s policies, orders, rules and regulations. Bargaining Unit Employees will not be required to access or maintain a FAA.gov email address for the purpose of accessing the MedXPress system.
Section 4. For employees who do not have personal workstation with computer and printer access, a computer and printer for the purpose of using MedXPress, will be provided in a location mutually agreeable to both Parties at the local level that provides employees with privacy. MedXPress is accessible from the public Internet.
Section 5. MedXPress shall be accessible in any of the following browsers: Google Chrome, Microsoft Explorer, Mozilla Firefox and Apple Safari. Employees shall be granted sufficient duty time, if otherwise in a duty status, to access and utilize MedXPress
Section 6. Employees shall set up their MedXpress account, and complete a new application electronically for Medical Clearance (FAA form 8500-8) in preparation for their physical examination by an AME. Upon initial MedXpress application creation, the employee shall enter a unique personal ID (Applicant ID) to be supplied by the agency. Employees shall have the option to save a copy of the online application within MedXpress until submitted. Prior to submitting the application, the employee shall be able to modify it for up to thirty (30) days from the initial creation date of the application. If an application remains in an un-submitted state for over thirty (30) days, it shall be deleted by the system. Upon application submission, the employee shall be able to view and print the submitted application. At the time of submission, the employee shall also be able to save an electronic copy of the submitted application on a medium of their choosing. Until the application has been submitted, the Agency will not track, monitor or use the information for any purpose.
Section 7. After submission of the application in MedXpress the employee will receive a confirmation email sent by the FAA to the email address entered by the employee when creating their MedXpress account. This email address will be used by the Agency for all MedXpress correspondence. The confirmation email shall serve as proof of application submission and will contain a confirmation number that the employee will need to provide to the AME to perform the physical examination. If an employee is not examined by an AME within sixty (60) days of the application submission date, the application shall be deleted by the system. The Agency will not track or maintain a record of the application once deleted from the system.
Section 8. While in the AME office, the employee may elect to modify their responses after discussion and clarification with the AME, who will be responsible for recording the changes. If amendments are made the employee will be provided a copy of the amended form. The system will maintain an audit trail showing original information as submitted by the employee and revised information as entered by the AME. If changes were made to the application, the RFS office shall provide an electronic copy of the completed/revised application summary sheet (8500-8 including audit trail changes) to the employee via encrypted email.
Section 9. Upon receipt of the application summary sheet, the bargaining unit employee shall advise the RFS as soon as possible but not more than fourteen (14) calendar days, in writing, of any inaccuracies in the fields modified by the AME. If the bargaining unit employee was not at work during the entire 14-day period, they must submit corrections before performing safety related duties. The RFS office shall provide an electronic copy of the completed/revised application summary sheet and the written amendments to the employee via encrypted email.
Section 10. The RFS will attempt to contact the bargaining unit employee before prohibiting the employee from performing safety related duties based upon changes made by the AME.
Section 11. Nothing in this Agreement waives any rights employees and the Union would otherwise have under the NATCA/FAA Collective Bargaining Agreements, Memoranda of Understanding, applicable laws, rules, regulations and past practice.
Section 12. This Agreement shall remain in full force and effect for the life of the current Collective Bargaining Agreement.
Signed this 3 day of June 2016.
For NATCA:
/s/ Phil Barbarello
/s/ Dean Iacopelli
/s/ Ryan Smith
For the Agency:
/s/ Carol McCrarey, AHL-300
/s/ James R. Fraser, MD-AAM
/s/ Mark DePlasco, AJG-L