#76, May 21, 2003

Nothing changed for us at the House Committee Hearing on HR2115. The only FAA employees the DOT Secretary cannot outsource are the NATCA controllers. Nothing changed on the FSIP language either, we still have that.

We had met with Don Young�s Chief of Staff yesterday and provided him with alternative language that would have covered our bargaining unit. He seemed very receptive and understood the issues. We�re scheduling a meeting with Chairman Young to find out how he intends to address our issue.

DOT Secretary Mineta sent a letter to Don Young yesterday opposing our inclusion, as well as that of some of the PASS units, in any inherently governmental language. Mineta goes on to say that he will recommend a presidential veto if inclusive language is adopted by the House. This letter is on our website. Until I can talk personally with Don Young it�s impossible to know what effect this letter and other covert negotiations had on his decision not to offer an amendment.

While the above is disappointing, we were prepared for such an eventuality. This bill still is far from becoming law in its current form. The schedule now is for FAA Reauthorization to move to the full Senate floor the first week of June and to the full House floor the second week of June. After that, the differences between he bills will be conferenced. All of these present us with opportunities. Chairman Young has repeatedly stated, in several different forums, that he will not allow the FAA to contract us out. His most recent statement to this effect was yesterday morning. We have powerful enemies aligned against us but we also have powerful allies. Our timetable is not always that of the decision-makers. We have to continue to work this until we succeed.

I want to thank Alaskan Regional Coordinator Phil Brown for basically camping outside Don Young�s district office on Phil�s day off to get us access. This kind of dedication will pay off for us down the line.

It�s become very clear that the FAA management gleans information from these updates and then uses it against us. Webmaster John Dibble is trying to find a way we can effectively communicate without the prying eyes. It�s not an easy task for John since I�m frequently provided with copies of other union leader�s communications that I suspect comes from their members-only sites. Until we have resolution to this there will be some information that can�t be communicated in this open forum.

On another matter, we�ve commented (by letter to the FAA Administrator, copy on our website) on the recent FAA order regarding term and mid-term negotiations. This is no small matter since it appears to set up a procedure that is contrary to the FAA unions� statutory rights.

No word from the FLRA on the two pay-related ULPs.

Wally Pike

#77, May 30, 2003

Latest Senate scheduling indicates that FAA Reauthorization will be addressed on June 5, 6 and maybe the 9th. The House is expected to work the same issue the week of June 9. The joint conference will follow shortly afterward.

We�re continuing to focus on the Senate and, although it�s still an uphill fight, we�re cautiously optimistic about our inclusion in the inherently governmental language.

I have spoken briefly with Don Young and his staff regarding what happened last week in his committee. Chairman Young wants to talk in more detail so we�re scheduling a meeting. We did learn that House Majority Leader Tom DeLay threatened to keep HR2115 off the floor if the bill included the language preventing out-sourcing.

An approach that�s proven effective at MLC AFSS is to involve the mayors of the communities that would be affected by potential AFSS closures. The potential income loss is significant and can influence these local representatives to contact their appropriate House and Senate members requesting our inclusion in the bill language. All AFSS�s are legitimate concerns since no one knows for sure exactly what facilities might be closed under the out-sourcing scenario.

No word from the FLRA on our ULPs. No response yet from Administrator Blakey regarding our concerns on the new term and mid-term bargaining order.

Wednesday evening A76 Representative Kate Breen and I attended a DCA AFSS union meeting. As is always the case, there was a good exchange of ideas, opinions and suggestions. I appreciated the invitation and the opportunity to discuss issues with several members including EA Regional Director Donna Holmes, DCA FacRep Bill Straube and EKN and DCA FSDPS FacRep Bob Francis. One of the matters we discussed was the negotiation timetable for "golden parachutes" as they relate to A76. Chief Negotiator Bill Dolan will discuss this in an article.
.

Wally Pike

#78, June 6, 2003

The Senate did not consider FAA Reauthorization (S.824) this week. There was a scheduling problem and also a concern by the appropriators. The Senate may get to Reauthorization next Thursday or Friday; if they don�t address it Friday then it won�t happen until after the July 4 recess.

Reauthorization (HR2115) is scheduled for the House beginning next Wednesday. We�re continuing to meet with specific congressional members and their staffs to include our issues. As of this date, we�re in pretty good shape but nothing is certain.

The FAA and DOT continue to apply pressure to remove "inherently governmental" from the bill language; I�ve asked Webmaster John Dibble to post the latest correspondence. I received calls from both NATCA President John Carr and Mike Fanfalone and I�m happy to say we�re coordinating our efforts and working well together. I can�t get more specific than that for obvious reasons. I�d also like to recognize some of your efforts in the Senate/House but that would highlight our gains to our enemies. Suffice it to say your efforts to work through the local governments and user groups have produced some very productive results and I encourage you to keep up the good work.

I attended the LAN AFSS union meeting this past week with GL Regional Director Jack O�Connell, and 30 members including LAN FacRep Kile Pitts, Craig Marcus, Doreen Simms (wife of HON FacRep Steve Simms), GFK FacRep George Kelley, and HUF FacRep E. Newhouse. I thoroughly enjoyed the visit and the feedback from all the members. My thanks for the invitation.

Due to the increased workload I�ve had to decline PASS President Mike Fanfalone�s invitation to speak at the PASS convention the week of June 15. I explained to Mike and he fully understood.

Wally Pike

#79, June 12, 2003

By a 56-41 vote, the Senate approved the Lautenberg amendment to S.824, FAA Reauthorization. The amendment prohibits "the transfer to a private entity or to a public entity other than the United States Government of ...flight service station personnel."

This represents a major victory for us, particularly considering the array of opposition the FAA/DOT and OMB mounted against our efforts. Your constituent efforts have paid off today. NAATS, NATCA and PASS worked very closely on this, especially during the past several days. It�s been a crazy week but very much worthwhile.

Since the House version (H.R. 2115) and S.824 differ in this and other areas there will have to be a joint Senate/House conference. This is expected in the fall, probably in September. House Transportation and Infrastructure Chairman Don Young will chair the conference; I expect to meet with him during the next few days. Both Chairman Young and Ranking Member Oberstar have stated that FSS controllers need to be included in the "inherently governmental" protections of FAA Reauthorization.

This fight is far from over. We fully expect the FAA/DOT/OMB to mount a very aggressive effort to remove the language during conference and, of course, there�s the veto threat. We�ve already begun working that issue.

It�s been awhile since we�ve had good news, though, so we should take time to celebrate a well-earned victory.

Wally Pike

#80, June 20 2003

We are working with NATCA and PASS on contacting the House Republicans to encourage them to contact the House conferees in support of the Lautenberg amendment to S.824. As soon as all the coordination is completed we will send out the details for a grass roots effort. Latest information is that the House/Senate conference may be sometime in mid July.

We have considerable support in both houses of congress and we must use a carefully considered approach to maintain and increase this. It�s important that our congressional relations effort be coordinated through NAATS Headquarters, as our enemies have shown they will use any confusion to misrepresent the issues. We�ve asked some of our members to contact specific conference representatives. While the conference list is on our website, it�s essential that we do not send a mixed message during this critical timeframe.

As I said last week, this fight is far from over and we�re prepared for the long haul. We should, however, appreciate what we�ve accomplished so far. We prevailed in the Senate despite the strongest opposition the FAA, DOT and OMB could muster. Add to that the House version with the FSIP language and we already have a major congressional achievement.

We will meet with the FAA next week regarding pay negotiations. Our goal remains resolving this issue as soon as possible and, to this end, we have withdrawn the two pay related ULP's filed last January. These can always be re-filed if the need arises. Our hope is that the FAA will make a similar gesture of good faith and remove the other obstacles to our engaging in meaningful negotiations.

This week I visited MIV AFSS and met with Acting EA Regional Director Ron Consalvo, FacRep Carol McAteer and several of the members. As is always the case, it was a good meeting and I appreciated the invitation. As I told them, MIV membership is to be congratulated on the work they�ve done with Senator Lautenberg and Congressman LoBiondo.

Wally Pike

#81, June 27 2003

The latest information is that the joint Senate/House Conference on FAA Reauthorization could begin as early as the week of July 7. The congressional staffs have been meeting in "pre-conference" for the past several days and it looks as though the entire conference could be completed by July 28. President Bush is expected to sign the conference bill prior to expiration of the current FAA authorization on September 30.

We continue to monitor the situation closely and work with any necessary congressional offices. We remain guardedly optimistic at this point but very much aware that problems are bound to occur. During my meeting with Senator Lautenberg and his staff this morning I presented the Senator with a plaque expressing our appreciation for his efforts.

With events moving so fast, the necessary coordination couldn�t be accomplished with the other unions on the joint grassroots effort. There is also concern that we don�t create a problem where none exists.

On Wednesday, June 25, General Counsel Arthur Fox, Chief Negotiator Bill Dolan and I met with the FAA to discuss the obstacles to resuming meaningful pay negotiations. The meeting was productive and I�m pleased to announce that we have scheduled negotiations on July 22 and August 5. Obviously our hope is that we will reach final agreement on pay and have a draft for your ratification shortly after these meetings.

My thanks to NAATS A76 Representative Kate Breen for attending the ATCA symposium for me and participating in the A76 panel discussion. Please see her update for details about the meeting and the current status of the A76 process.

The first week of July I will be visiting several CE Region facilities with Regional Director Mike Terry and Regional Coordinator Jerry VanVacter. I look forward to meeting with the membership at all these locations.

The NAATS Board of Directors meeting will be held the week of July 14.

Wally Pike

#82, July 3, 2003

On Monday NE Regional Director Kurt Comisky and I met with Administrator Blakey, ATS-1 Steve Brown and ALR-1 Ray Thoman. We discussed the continuing A76 issue, unresolved pay negotiations and FAA Reauthorization, particularly the Lautenberg amendment. Kurt and I also expressed our concerns on how the FAA is representing our bargaining unit both on the Hill and in the press.

We discussed, in detail, the issue of how the MEO will relate to pay negotiations. We agreed that we have very different perspectives on "inherently governmental" and that the legislation will have to continue on its own merits. Although no firm commitments were made, we did meet for more than an hour and I felt it was productive.

We have also continued to meet with the congressional staffs this week, including a joint meeting with PASS. Nothing really new to report; it is still uncertain whether the joint conference will complete its work on FAA Reauthorization before the August recess. If it doesn�t then we won�t know the results until sometime after Labor Day. We have faxed and mailed thank you letters to the 56 senators who voted in favor of the Lautenberg amendment. If you are a constituent of one of these you might consider doing the same.

Wally Pike

#83, July 17, 2003

The House named its final FAA Reauthorization conference participants this week. Members of the conference committee include Chairman Don Young (R-AK), John Mica (R-FL), Vern Ehlers (R-MI), Robin Hayes (R-NC), Denny Rehberg (R-MT), Johnny Isakson (R-GA), James Oberstar (D-MN), Peter DeFazio (D-OR), Leonard Boswell (D-IA), and Tim Holden (D-PA) from the House. The Senate conferees are Chairman John McCain (R-AZ), Ted Stevens (R-AK), Conrad Burns (R-MT), Sen. Trent Lott (R-MS.), Sen. Kay Bailey Hutchison (R-TX), Sen. Ernest "Fritz" Hollings (D-SC), Sen. Daniel Inouye (D-HA), Sen. Jay Rockefeller (D-WV), and Sen. John Breaux (D-LA). The conference will begin next week and there is the possibility that they could complete FAA Reauthorization before the August recess.

DOT Secretary Mineta sent another letter to Congress late yesterday, very similar to his earlier one. This one again threatens to recommend a presidential veto. No doubt DOT/FAA/OMB are launching the 11th hour attack we�ve expected.

Given the current situation we�re asking that, if you�re a constituent of Senators McCain, Stevens and Burns or Chairman Young, please contact their district and/or DC office by phone, fax or email (snail mail might arrive too late). Stress to them that we are air traffic controllers too and that we perform many vital services that directly affect aviation safety. TFRs are good examples. Economic impact of loss of revenue to communities is another talking point. Ask the member or staff to support the Senate version (S.824) of FAA Reauthorization. We will continue to work the offices also from here.

In the past two weeks CE Regional Director Mike Terry, Regional Coordinator Jerry VanVacter and I visited FOD meeting with FacRep Paula Wisniewski and the members; ICT meeting with FacRep Jon Pankratz and the members and OLU meeting with FacRep Carl Taylor and the members. GL Regional Director Jack O�Connell and I visited PNM and met with FacRep Judy Brandes and the members. I enjoyed all of these opportunities to discuss current affairs with the membership and I very much appreciated all of the hospitality.

The NAATS Board of Directors meeting was held on July 15-16 at MSP. Minutes of the meeting will be published as soon as they are finalized. The Board continues to make the tough decisions necessary to meet the challenges we face.

We will meet with the FAA pay negotiators on July 22 and again on August 5. Our position is to try to use the MEO, or similar forum, to address both the architecture and the pay structure for our bargaining unit thereby capturing credit for the efficiencies by using gain sharing. If adopted, this will mean that the MEO will have to be modified to allow for consensus-based decision making. We will do our best to finish these marathon negotiations and to finalize a fair contract.

Wally Pike

#84, July 25, 2003

At this time it appears that FAA Reauthorization will not be finalized until after Labor Day. The conference last night was disappointing but the fight is not over. The bill may go to the Senate floor next week but the House is expected to recess after today. We�ll be busy during the August recess and we�re asking that you contact your congressional representatives and ask them that we get included in any determination of inherently governmental legislation. We�re coordinating with NATCA and PASS but it�s still an uphill battle. We�ll provide more information as it becomes available. I�m not going to get into any more detail here since I don�t want to brief those who oppose our efforts; I have briefed the Regional Directors with the information available and I encourage you to contact them if you want more specifics.

I do want to continue to recognize those who have helped with our efforts. Brenda Dickinson and Lisa Bjork have done a great job at PRC AFSS in working John McCain. Feedback from Senator Rockefeller�s staff indicates that our membership at EKN has been very effective. Many thanks for all your hard work.

We�re received many positive comments on the pictures of our plaque presentation to Senator Lautenberg. We should have noted that Jeff Barnes took those pictures, rising from his sick bed to do so.

We met with the FAA on pay negotiations this week. As mentioned earlier we made a proposal to link the MEO with pay in order to use gain-sharing to capture credit for efficiencies. The FAA was receptive but noted potential problems with the methodology. They will send us a counter proposal prior to our meeting on August 5. I feel that both parties are trying to reach agreement but the devil will be in the details. We�ll keep you advised.


Suggestion from Richard J. Rydberg, PNM AFSS:

"Is your job worth $26?".

The crux of the idea is to hit every FPL twice; first with a flier in each mailbox (with the donation form) outlining the goal of $1 per FPL per pay period through the payroll deduction (or a single contribution of $26). This would include how such contributions have and will help our fight to retain inherently governmental status through legislation. It would also answer anticipated question or objections, like:

"Why can't I contribute to a candidate myself?"

"I already pay dues. Isn't that enough?"

"I'm not a union member, so I can't contribute."

"I'm not sure I like PACs. Isn't this like trying to buy votes?"

Secondly, one or two individuals per facility would be assigned to approach each FPL to follow up and make sure they didn't just forget to make a contribution, or to answer any questions that they might have about the process.

Please send your comments on this suggestion to NAATS HQ.

Wally Pike

#85, August 1, 2003

There are several rumors circulating in the field regarding what has happened with FAA Reauthorization (HR2115). I�ll use this update to explain what is factual and where we stand as of today.

On Thursday, July 24, about 6pm the conference met briefly, for the first and only time. Previously Don Young and John McCain had negotiated the conference report language. Congressman Oberstar offered the Lautenberg amendment to revise the report language but failed on a voice vote. The conferees then left for a series of votes in both chambers without voting on the conference report but staff members later collected enough signatures to seal the deal.

Don Young has stated that he is sympathetic to our cause but that the conferees� hands were tied by the veto threat and that the other provisions in the four-year bill were too important to risk. The Federal Services Impasse Panel language was also deleted.

The conference report must now go back to both the Senate and House floors. The House is in recess until September 3 and the Senate will recess after today. We still have considerable Senate support on both sides of the aisle and, for the past week, we have been meeting with Senators and their staffs to attempt a compromise but so far that has failed. I�ve had several meetings with Senator Lautenberg and his staff and they have informed Senate leadership of a filibuster if the bill is brought to the Senate floor in its present form. Best guess is that the Senate will wait until it returns on September 2 to address HR2115.

A meeting between the FAA unions is scheduled for next week to discuss strategy. None of the unions are happy with this report since it goes further to allow privatization than either chamber�s bill.

A copy of the pertinent part of the report follows:

SEC. 230. PROHIBITION ON AIR TRAFFIC CONTROL PRIVATIZATION.

(a) IN GENERAL.-Until October 1, 2007, the Secretary of Transportation may not authorize the transfer of the air traffic separation and control functions operated by the Federal Aviation Administration on the date of enactment of this Act to a private entity or to a public entity other than the United State Government.

(b) LIMITATION.-Subsection (a) shall not apply-

(1) to a Federal Aviation Administration air traffic control tower operated under the contract tower program on the date of enactment of this Act;

(2) to any expansion of that program through new construction under subtitle VII of title 49, United States Code; or

(3) to a Federal Aviation Administration air traffic control tower (other than towers in Alaska) identified in the Report of the Department of Transportation Inspector General dated April 12, 2000, and designated "Contract Towers: Observations on the Federal Aviation Administration�s Study of Expanding the Program".

This fight is far from over. During the August recess we will continue to work this issue from here but it is extremely important that you also contact your Congressional representatives and describe the bill�s deficiencies. The idea is to revise the bill or defeat it. Some talking points are listed below:

  1. Emphasize safety and national security and how that will be compromised if a vendor attempts to provide our services. TFRs, especially presidential, are good examples.

  2. We have mailed CD copies of the FOD flight save, with a cover letter, to all 535 congressional offices. Ask them to listen to this as a compelling example of our service.

  3. We are air traffic controllers too, by law and not FAA edict. Our functions are just as essential to aviation safety.

  4. Contracting out FSS must result in fewer facilities with reduced staffing. A vendor will have a completely different motivation in providing aviation services (cost driven).

  5. No congressional approval is required for the FAA to contract out our services at the conclusion of the A76 process. In fact, the FAA does not even intend to brief most of Congress.

  6. There is bipartisan congressional support to protect our workforce (re: June 12 Senate vote). No one reasonably expects President Bush to veto this bill if it includes protection for air traffic controllers.

No doubt you will come up with additional examples that can be used. Don�t confuse your message by discussing other concerns (pay, staffing). Feel free to contact me with any questions or comments.

The House Appropriations Committee has approved HR 2989 which includes the FAA 04 appropriations. The Senate Appropriations Subcommittee on Transportation, Treasury and General Government had yet to produce its version. The House is slated to take up HR 2989 when it returns from the August 2003 recess.

Wally Pike

#86, August 8, 2003

Latest information is that HR2115 will probably be worked in the House first when Congress reconvenes after Labor Day. I met with PASS President Mike Fanfalone this week and we agreed to coordinate our grassroots congressional efforts. Specifically we have identified the HR2115 conferees as particularly important if the bill gets sent back to conference. Again, the conferees are Chairman Don Young (R-AK), John Mica (R-FL), Vern Ehlers (R-MI), Robin Hayes (R-NC), Denny Rehberg (R-MT), Johnny Isakson (R-GA), James Oberstar (D-MN), Peter DeFazio (D-OR), Leonard Boswell (D-IA), and Tim Holden (D-PA) from the House. The Senate conferees are Chairman John McCain (R-AZ), Ted Stevens (R-AK), Conrad Burns (R-MT), Sen. Trent Lott (R-MS.), Sen. Kay Bailey Hutchison (R-TX), Sen. Ernest "Fritz" Hollings (D-SC), Sen. Daniel Inouye (D-HA), Sen. Jay Rockefeller (D-WV), and Sen. John Breaux (D-LA).

The Senators who voted for the June 12 Lautenberg amendment are also extremely important. The eleven Republicans were Bond (MO) DeWine (OH) Inhofe (OK) Voinovich (OH) Domenici (NM) Murkowski (AK) Specter (PA) Chafee (RI) Gregg (NH) Talent (MO) Fitzgerald (IL); all Democrats either voted in favor or would have voted in favor if present with the exception of Miller (GA) who voted "no".

I sent the talking points out in last week�s update. Since the members are back in their districts this month there is an excellent opportunity for you to meet with them personally. If a personal meeting isn�t feasible, a phone call is the next best way to communicate with them. Faxes, letter and emails bring up the rear in that order. If you need any help with any of this feel free to contact me.

Meanwhile, here, we are talking with both the Republican and Democratic staffs to try to work a compromise.

We are continuing to discuss pay proposals with the FAA but no agreement has been reached. More talks are expected next week.

I went to ISP this week and met with Acting EA Regional Coordinator and ISP Facrep Deb Shea and the members. Unfortunately Acting EA Regional Director Ron Consalvo was sick and unable to attend. The food and hospitality was great and the discussions even better. My thanks for the invitation.

Wally Pike

#87, August 15, 2003

PAY

I have recommended, and the BOD has approved, a tentative pay agreement we reached yesterday on pay with the FAA. There are some technical cleanup details still to be worked out but we expect this to be done by the first of the month. Final agreement is subject to membership ratification.

We have been in negotiations on pay since January 2000. We�ve been at impasse since April 2000. During this time we�ve attempted to negotiate an FSS reclassification and, when that failed, comparability with the other FAA controllers. The FAA response has consistently been the same -- move into core with no true increase in compensation or benefits. Even when they were offering "5.5%" it was always contingent on dollar for dollar cost offsets that would have resulted in no net increase; the most recent proposal was last year at the FMCS hearing when they proposed to take all the bargaining unit holiday premium pay.

In agreeing to this proposal we considered all the factors, including the current environment in Congress and the FAA and the state of the national economy. We have also thoroughly examined the judicial option as well as administrative remedies through the Federal Labor Relations Authority (FLRA). It�s important that all members understand all the factors that contributed to this decision.

It�s no secret that no one on either side of the aisle in Congress wants to hear about a pay dispute between the FAA and its unions. We�ve attempted to legislate a remedy on pay for the past three years with little to show for our effort. The climate on the Hill is worse now than when we started.

The FAA has presented this same basic pay proposal to all of the unions, including the NATCA and PASS multi-units. Both of those unions are now at impasse and the Administrator has clearly stated that she has an aggressive schedule in sending these impasses to Congress for resolution. There is no reason to believe that Congress will act within the 60 day timeframe to reverse the Administrator�s position on pay.

Staying in the GS-12 pay scale is therefore not an option. We will either move into core or we will be moved into core. There is no other outcome. Unfortunately this isn�t like negotiating a price on a car or a washing machine. It�s not a level playing field and we can�t change the rules of the game.

No doubt you will hear talk about filing a lawsuit and taking the FAA to court. Essentially this line of logic goes that Congress did not intend for the Title 49 language to replace the Federal Service Impasses Panel (FSIP) as the final arbiter of FAA pay disputes.

We have examined this judicial option on at least three different occasions; most recently last month. We do not believe we can prevail in court but, even if we could, the makeup of the FSIP does not give us much cause for optimism. Obviously the FSIP is a better venue than congress but, as you may recall, President Bush replaced all the members and their rulings (available online at FLRA.gov) with few exceptions have uniformly gone management�s way.

We have filed unfair labor practices (ULPs) with the FLRA, the entity that administers the rules and regulations. These have not resulted in changing anything.

When we talk with Congress about the pay dispute the national economy in general and the aviation industry specifically is routinely mentioned. Horror stories about airline pilots who used to make $150K or more a year now making $25K tossing luggage onto conveyor belts are an example.

We have simply exhausted our options.

Details about the tentative agreement are as follows:

  • The new contract, including both the work rules and pay rules, will be effective the first full pay period of February, 2004. This includes the CIC differential, OJTI differential and FERS sick leave buyback articles.

  • ATRA will be rolled into base pay at 4.1% in accordance with the pay rules. There is no other increase in base pay.

  • All NAATS bargaining unit members will receive a $1000 one-time lump sum payment, minus appropriate payroll deductions, on their paycheck for pay period 26, 2003.

  • TAU 23 will be implemented the first pay period of October, 2003. This will allow us to access the additional training time contained in order to train our FacReps prior to the implementation of the agreement. Official time for union representatives is also contained in this article however it was not a factor in negotiating the early implementation.

  • NAATS can reopen pay negotiations, at its sole discretion, to discuss gain-sharing upon completion of the A76 process or on the second anniversary of this agreement (February 2006) whichever is earlier. This is significant. The new contract is for five years beginning February 2004 with pay again on the table in February 2009. This reopener will allow us the option of negotiating pay again in two years or sooner in a better environment.

  • Training provided by sources outside the FAA under tuition or registration fee arrangement will be reimbursed up to $1000 per year for bargaining unit members. This training must be pre-approved and a grade of "C" or higher must be maintained.

That is the deal. The work rules have already been ratified. The above will be incorporated into the pay rules we negotiated in July 2002 and copies will be sent to all facilities and the NAATS website. Ballots will be sent to all regular members.

Ballots will be due back November 14. The ratification timeframe will allow all members the opportunity to discuss and consider this thoroughly before they vote. It will also give the Regional Directors and me time to travel and meet with the membership.

In discussions with OMB they have stated that the Service Contract Act applies to the A76 process. Having a collective bargaining agreement, including pay, in place could have a potential positive impact on bargaining unit members in the event we are actually contracted out.

A word on what happens if this proposal is rejected. The FAA has stated they will send their May offer to the Hill. As you will recall the May offer does not contain a reopener for the union, no lump sum payment and no early implementation of training time.

The choice is either to take the money, reopener and training time or to force the Administrator�s hand on an inferior proposal. If you choose to vote "no" we will do the best we can under the circumstances to address this issue any way we can.

Obviously we feel this is the best deal we can get or we wouldn�t be sending it out to you. There is no doubt you deserve better but we also know the realities of our situation. We recommend you ratify this agreement and that we move forward.

Wally Pike

#88, August 22, 2003

We coordinated a press release with Senator Lautenberg�s staff this week. They advise that our message should be that the FAA Reauthorization bill is flawed and should be voted down. We also discussed possible compromise report language but no decisions were made. Expect Congress to take this matter up immediately upon returning from recess.

Congratulations to NM Director Darrell Mounts for his article in the NY Times. Darrel was also part of the group we had at OSH that mailed out over 7,000 post cards to Congress and AOPA. Thanks also to GL Director Jack O�Connell, EA Acting Director Ron Consalvo, Webmaster John Dibble, Harold Brooks (FOD), and Bernie Anderson (ISP) for all their work.

I�ve also been in touch with the NY Times as well as the Washington Post and we expect to be published in both during the next two weeks. I�ve also met again with OMB and ARA-1 regarding the continuing problems with the termination of our participation in the PWS, compressing the study timeframe and termination of the funding for our A76 Communications Representative Kate Breen. Hopefully logic will prevail and these decisions will be reversed in the next week.

Please keep in mind that it is very important to be responsive and accurate when the MEO requests information from the field. This is essential for MEO success if the A76 runs its entire cycle.

OASIS National Representative Jeff Barnes wrote an excellent article to Jerry Lavey who does the weekly AOA highlights. Mr. Lavey is communicating with Jeff regarding the distribution of this letter; Jeff will include a copy in his next OASIS Update.

John Dibble has posted a letter from Senator Lautenberg and Congressman Oberstar to Secretary Mineta. We are concerned about the effect of questionable FAA lobbying on the eleven Republican senators who voted for the Lautenberg Amendment, particularly Senator Inhofe (OK). Please contact these senators and help us ensure they stay committed.

The Pay Plan ballots will be mailed on August 29 and due back November 14. Hard copies of the pay plan package will be mailed to FacReps at all facilities where we have members. A copy will be posted on our website and electronic copies will be available from
upon request. The package will include the pay plan and three TAUs (Reopener, Implementation and Reimbursement of Education Expenses). The advance implementation of TAU 23 (training and official time) will not be included as it is an MOU and not a part of the pay plan or work rules. We are scheduling facility trips to brief the membership and to answer any questions.

Wally Pike

#89, September 5, 2003

The House will take up FAA Reauthorization first, possibly next Tuesday. We are working with NATCA and PASS to secure additional House Republican signatures on a letter stating that the bill is flawed and, if not corrected for inherently governmental ATC functions, they will vote against it. It is not at all certain what will happen in the House but the Republican leadership has indicated they will not call for a vote unless they feel they can pass the bill.

On the Senate side -- yesterday NATCA, PASS and I met with Senator Lautenberg and three other senators to discuss the Senate strategy in case the House passes the bill. We have very strong support here to defeat this bill using filibuster, if necessary. We�re working hard with key members at our facilities to ensure we have the votes necessary to ensure success. I don�t want to get much more specific than this because of the distribution of this update but if we�re successful in defeating this bill then everything is back on the table. This fight is far from over and many options are being discussed.

On the FAA front -- thanks to ATS-1 Steve Brown we have resolved the issue of A76 Representative Kate Breen�s detail and she will be extended. Unfortunately I haven�t been able to get resolution on the other two PWS issues from ARA; specifically (1) whether our PWS representatives will be allowed to meaningfully participate and (2) extending the contract award (source selection decision) date back to the original timeframe of July 2005. ACA has taken the position that the PWS work is completed and that they and Grant Thornton will finish data collection, write the requirements documents and the quality assurance surveillance program (QASP). This position is inconsistent with their earlier statements about maximizing employee involvement, OMB guidance and our MOU. Next step is the Administrator and/or Deputy Administrator.

On the other hand, I�m happy to say that the ATP MEO arrangements with ATS are going very well. -- Wally Pike

Wally Pike

#90, September 12, 2003

FAA Reauthorization was a non-starter in the House this week due to the absence of enough votes for it to pass. Appropriations Chairman Bill Young (R-FL) declared his intent to vote against the bill and 71 other Republicans were at least considering voting no for various reasons. The White House still maintains the President will veto the bill if it limits FAA privatization. Regardless of the House action, the bill will still have to pass the Senate where there is even more opposition. So -- it looks more and more like a standoff in the House and the possibility of a temporary funding extension is being seriously discussed. This was confirmed in my discussion with Transportation and Infrastructure Minority Leader Oberstar earlier this week.

We met with a number of senators and/or their staffs this week to finalize our strategy. We are also staying in touch with the key players, including the committee leadership, in the House. Expect some significant developments next week on this bill.

The FAA 2004 appropriation is contained in HR2989, the Transportation-Treasury spending bill. On Tuesday Congressman Chris Van Hollen (D-MD, NAATS HQ is in his district) offered an amendment that would prevent the Office of Management and Budget (OMB) from enforcing its May directive to federal agencies and force adherence to the previous circular. This amendment passed 220-198 despite a presidential veto threat. The Senate version (S1589) does not contain this amendment and no Senate floor action has been scheduled. Differences between the bills will have to be reconciled before the bill can be forwarded to the President. Net effect - since the FAA has consistently declined to specify how they are using the A76 circular in relation to the Acquisition Management System (AMS), this amendment will no doubt further confuse and mystify them.

House Aviation Subcommittee Chairman Mica will hold hearings next week on the IG contract tower report. We�ll closely monitor this for any impact to us. Chairman Mica does not feel that HR2115 will be passed this month.

As we go along we gain more and more support in both the House and Senate from both sides of the aisle. As I said last week, this fight is far from over and I appreciate all of your constituent efforts in contacting your congressional representatives. I ask that you continue to make them aware of our concerns.

I had hoped to report that we have resolved the PWS problems with the FAA but unfortunately that isn�t the case yet. We do have a meeting next week and we�ll report the outcome as soon as we have the details.

Wally Pike

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