NAATS HQ E-Mail Update Vol. 5 #23

April 1, 2005

We have some good news to report for a change!   The RIF team has finally come to agreement and signed the MOA last night.   Scott Malon, Mike Puffer, Kile Pitts, and Mike Doring have worked very hard to represent your interests and protect entitlements.   Where this may not be a �soft landing� by everyone's definition, there are some good things in it.   Before you judge the agreement please read it and ask questions.   We are working on setting up a panel for the membership meeting next week to include both Management and Union to answer your questions.   I commend the RIF team for the hard work, long hours, and lost time with their families to bring this agreement to completion.   These guys don't get overtime, credit hours, or days in lieu of for all of the extra hours they have put into these negotiations.   So if you see them next week, thank them for an outstanding job.

The other good news is we have been granted standing to intervene in the MEO contest by ODRA, which should lead to standing in the protest we filed.   We are still waiting for ODRA to rule on my standing to represent the directly affected employees in our protest.   This may not seem like much on the face of it, but it is huge.   It's not only our first win in the ODRA process and it's the first time a union representative and federal employee have been granted standing to intervene in an A-76 protest on behalf of the directly affected employees.   Our attorneys did an outstanding job on that argument and continue to impress me with the handling of the protest and multiple filings/pleadings/motions that seem to keep pouring in.  

The decision on the suspension of transition activities may happen next week, supposedly when the Administrator is back in town.   I know that I had put out we expected a decision sooner, but please understand unless there is a definite deadline on these issues decision dates can move depending on the motions/pleadings/filings that are made and answered.   If I give you an expected date, don't hold me to it, this process is new to all of us and I'll do the best I can to keep you up to date.   Just also remember ODRA can extend timeframes for good cause.

The attorneys are getting the documents they requested from ACA by COB today and will evaluate them in the next week.   They have 7 business days to evaluate data and file any supplemental protests that are warranted.

With that let me talk about the latest schedule I have for the ODRA proceedings.  

                            April 1 st - All requested documents delivered to our attorneys.

                            April 4 th - Initial deposition requests submitted to ODRA.

                            April 12 th - Supplemental protests due.

                            April 12 th - Supplemental deposition requests due.

                            April 14-18 - FAA depositions.

                            April 19-21 - MEO/Breen depositions.

                            April 29 th - Agency report due.

                            May 10 th - MEO/Breen comments due.

After May 10 th I don't have any idea how long it will take the Special Master and ODRA to get their findings to the Administrator for decision.   Again as that unfolds, I will let you know.

There are more documents to get out, as soon as Denise has a minute, I'll have her scan the documents and email them to the Directors and Regcos.

Next up, the Age Discrimination lawsuit filing in US District Court and press conference.   The press conference went well, unfortunately with other issues happening in the news we did not get the turn out we had hoped for.   The reporters that were there were interested in what everyone had to say and the press we have gotten in the Washington DC area has been excellent.   All those who participated did a great job and articulated our case flawlessly.   I'm waiting to get the filing electronically and then I will send it out.   The Judge we drew is Richard Roberts who our attorney said was fair minded and intelligent.   Next step we will file an injunction to stop the process until this is settled within the next month and the agency will have 2-3 weeks to respond.   The attorneys would like to get that heard by July 4 th at the latest, but this is still very fluid so don't hold me to getting a decision by July 4 th .  

Legislative update, the Federal Aviation Safety Security Act will be introduced in the house on Tuesday April 5 th a press conference will be held Monday April 4 th in Burlington VT by Congressman Sanders to announce it.   We may know by next week when it will be introduced in the Senate, Wally will be at the meeting to give you the very latest on this and the retirement issues.

The NRT is still looking for input on the PRO/CON statement for a constitutional amendment to facilitate affiliation.   If you have not submitted it yet, bring it to the convention or for ever hold your complaining about not being able to give input.   All of those vocal people who have ideas either bring them or send them.   We've got a lot of work to do next week, come prepared.

I look forward to seeing old friends and hopefully meeting some new ones, see you next week.

Kate Breen

We have an agreement.

The Agency and NAATS have signed off late yesterday on an agreement outlining the procedures and programs used to conduct the upcoming RIF associated with the FSS Competitive Sourcing Initiative.   At the time of this report, Melvin Harris, AHL-1, is signing for the Administrator indicating the completion of �Agency Head Review', thus completing the requirements for the execution of the document.

Highlights included in this Memorandum of Understanding (MOU) are:

•  Continuance of the Preferred Placement Programs (P3) for our workforce until separation

•  Selection Priority (EMP-1.9) from the date of the RIF Notice until 2 years past your separation date, regardless of whether or not you accept or decline the offer from Lockheed Martin

•  Ability for the Agency to approve Credit Hours for off-duty Career Transition activity

•  Hours given to continue pursuit of Federal employment, regardless of whether or not you accept of decline a non-federal job offer

•  Full severance pay, including the age computation

•  Buyouts made available for AAL AFSS/FSS Employees

•  Full payout of ALL earned credit hours, regardless of amount, upon separation

•  An expedited grievance/arbitration process

We have tentatively scheduled a joint NAATS/FAA panel to address the membership on Wednesday, April 6 th , during our National Membership Meeting.   This will give those in attendance an opportunity to ask questions regarding the intent behind the agreement.   I will also be issuing a rationale out to the field for those unable to attend the meeting - it is my plan to send this out to within a week after the Convention.

I believe most of us will agree that, in light of what appears to be a never-ending revelation of wrongdoing and poor planning surrounding this outsourcing effort, it is hard to actually feel altogether good about anything.   Having said that, I can tell you, in the current climate of Labor Management Relations within Federal Government; this Agreement represents a solid �compromise' that both sides can accept.   As is the case with most Agreements, the true �test' will be in the Agency's actions - in my mind that starts with a true, committed effort to place people that the Agency has invested years in, thus allowing those employees the opportunity to also continue their investment.

In closing, I would like to express my sincere gratitude to the NAATS RIF Negotiations Team - Mike Puffer, AWP Regional Director, Kile Pitts, AGL Regional Coordinator, and Mike Doring, Private Consultant and longtime NAATS supporter - their �team effort' and individual professionalism contributed greatly to the process.   I would also like to thank each of you, the members that truly make up our organization - every question raised to management, every concern raised to our Union, every contact made with a politician - each aspect of involvement added immeasurable value towards a better outcome.   Again, I applaud your energy.