#91, Sep 16, 2003

A six month bill extending funding authorization for the FAA will be offered today. This may be initiated in the House but the Senate version, sponsored by Senator Lautenberg, will include privatization language. The specific part of Section 305 that applies to us states:

(c) FLIGHT SERVICE STATIONS.--

(1) IN GENERAL.--Within 1 year after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the Federal Aviation Administration�s plan to revamp the flight service station program. The report shall include--

(A) an analysis of the impact of the plan
on costs, effectiveness, and the need for
redundancies in the program;
(B) a comparison of the existing costs of
the program with alternatives;
(C) workforce needs (including any necessary transition period); and
(D) space needs.

(2) LIMITATION.--The Secretary of Transportation may not authorize the transfer to a private entity or to a public entity other than the United States Government of the flight service station program or any component thereof until the report required by paragraph (1) has been transmitted to the Congress and the Congress has authorized any such proposed transfer.

We ask that you call your congressional representatives and ask them to support the Senate spending extension.

National A76 Representative Kate Breen, PWS Team Lead Mark Jaffe and I met with ACA-1 Joann Kansier, ARA-1 Charlie Keegan, ATS-1 Steve Brown and ADA-1 Shirley Miller yesterday to attempt to resolve the PWS issues. Again, we were unsuccessful. There are two significant issues; (1) participation by our PWS team representatives and (2) the contract award date.

Regarding (1) We have asked that our team representatives be allowed to help write the requirements document as well as the Quality Assurance Surveillance Plan (QASP). FAA management continues to state that our team representatives can "comment" on the requirements document and QASP after the contractor has written the documents. They seemed to completely misunderstand the significance between the two concepts. It�s important to note that there are no legal or regulatory problems with our helping to write these documents; it�s merely an arbitrary decision by ACA to restrict our participation. Of course this flies in the face of OMB guidance and statements from both ACA and the Administrator on involving the workforce to the maximum extent in this process.

On (2) ACA stated that the Administrator made the decision to move the completion date up from July �05 to December �04. ACA went on to say that their concern was to get the process completed as soon as possible so that it wasn�t hanging over the heads of the employees. Our response that it�s much more important to the bargaining unit that the process be conducted properly instead of in a rush seemed to fall on deaf ears.

Next stop for both these issues is the FAA Administrator.

Wally Pike.

Wally Pike

#92, October 3, 2003

Earlier today Senator Lautenberg formally asked that Senate bill S.1618, introduced by Senator Rockefeller on September 16, be considered on the Senate floor. This bill contains the language requiring congressional authorization prior to contracting out FSS that I mentioned in the last update. Unfortunately Senator Sessions objected and the bill did not move despite Senator Lautenberg�s eloquent support.

House leaders this week attempted to resolve the stalemate on HR2115 by taking a procedural action to send it back to conference. The recommittal resolution, H Res. 377, would have resulted in deleting all privatization language from the report. Senate Democrats responded that this was unacceptable since it merely returned matters to the status quo. The House leaders then decided to postpone the action indefinitely while some compromise is negotiated. Nothing more now is expected until the week of October 12.

House Aviation Subcommittee Chairman Mica has indicated that a compromise is possible but hasn�t elaborated. The earlier Mica hearing dealt strictly with the contract tower program and, therefore, no direct impact on our A76 process or other FAA privatization.

At this time nothing is certain. I talked with Don Young yesterday and he said that whole matter was a "big mess". He told me that he hoped we (FSS) would come out of this ok but that we had better be prepared that the report might contain nothing on FAA privatization.

The FAA appropriations bill (HR2989, S1589) has not moved since September 9. The House version contains the provision prevent the Office of Management and Budget (OMB) from enforcing its May directive to federal agencies and force adherence to the previous circular.

As I�ve said before, the ATC privatization issue is far from dead on the Hill and we will continue to meet with both sides of the aisle to address our issues.

TAU 23 (Training and Official Time) is scheduled to begin on October 5, coinciding with the conclusion of agency head review. No issues have been identified by the FAA so, hopefully, implementation will proceed smoothly.

The Board of Directors meeting will be held next week. Obviously many significant matters need to be discussed and decided. The minutes will be published as soon as all the coordination is effected.

Wally Pike

#93, October 16, 2003

Not much has changed on FAA Reauthorization or the �04 appropriations bills. The lines are drawn in the sand and compromises will have to be worked before either bill will move. Best guess is to expect another continuing resolution at the end of this month although S.1618 may pick up additional support. As a rule of thumb, the longer this goes the better our position. There�s no indication that we�re losing support although both sides are continuing to work key individual congressional representatives.

True to his word, Representative Cummings (D-MD) has offered legislation, HR3267, to eliminate certain inequities in the Civil Service Retirement System and the Federal Employees' Retirement System with respect to the computation of benefits for law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Supreme Court and Capitol police, and their survivors. The net effect for us is to change to a more beneficial retirement formula. This concept has been introduced in prior sessions of congress. We�ll track this legislation and work to gather support but, at this time, there are no co-sponsors.

The BOD meeting was held last week and the minutes will be distributed as soon as the necessary coordination is accomplished. One of the decisions is to tentatively schedule FacRep training for December 16-17. Please note -- do not finalize any arrangements until November 14 when the ratification ballots are counted. More details will follow.

For the past week Regional Director Mark Jaffe and I have traveled to several SW Region facilities to discuss the pay ratification and A76. On Sunday we were at ABQ with FacRep Dennis Detrow, Monday at CXO and DRI with FacRep Brian Gleich and Alternative FacRep Carlos Torres, Tuesday at JBR with FacRep Linda Sterling, Wednesday at FTW with FacRep Sal Mugica, and today at SJT with RegCo/FacRep Jim Hale. As always, the meetings have all been productive and I�ve enjoyed discussing the issues directly with the members. My thanks for all the input and hospitality.

Wally Pike

#94, October 24, 2003

House Aviation Subcommittee Chairman Mica has stirred matters up recently on FAA Reauthorization. First he proposed to remove 41 airports from the privatization list in exchange for the conference support of lawmakers from those areas. That didn�t work very well so now he is holding a hearing on November 6 to explore a proposal to have the military take over control and operation of a number of control towers. This isn�t expected to work either but we�ll keep an eye on proceedings.

Best guess is still a continuing resolution. This could either be for a month or more but it will almost certainly do nothing to resolve the privatization issue. Another possibility is the bill without any privatization protection for anyone, thus avoiding the issue for the time being.

As National A76 Representative Kate Breen has explained, the A76 public announcement is being delayed until reauthorization is finalized. This should have the effect of further delaying the process since ARA-1 Charlie Keegan has stated that the time period from public announcement to contract award is 15 months.

On another A76 matter, we have posted the national grievance on our website. You will recall ACA-1 Joann Kansier has refused to allow NAATS to fully participate in the development of the requirements document as well as the quality assurance surveillance plan. Both of these decisions are arbitrary since both parties agree there are no legal constraints on our participation. If we can�t resolve this in the very near future it is our intent to file for expedited arbitration. It is indeed unfortunate to have to resort this to address a shortsighted and capricious decision.

This week I visited PRC and OAK AFSS�s with Regional Director Mike Stafford. We met with FacReps Candie Robertson (PRC) and Jim Blaine (OAK) and several members. As always the feedback, ideas and hospitality was very much appreciated.

We continually advertise for volunteers to be NAATS representatives on either details or workgroups. One such vacancy is our National OSHA representatives. This position requires occasional travel (usually quarterly) to national OSHA meetings, coordination with the program office at FAA HQ as well as with our regional OSHA representatives. If this sounds like something you might be interested in please send NAATS HQ a brief resume.

Wally Pike

#95, October 29, 2003

Late yesterday the House voted 407-0 to send the reauthorization conference report back to committee. This in and of itself is not alarming but the Republican Committee leadership (McCain, Young) have indicated they will strip out all privatization protection language and try to force the bill through.

I�ve talked with Senator Lautenberg�s staff today and they�re standing firm in their support of us on this issue. They�ve asked that you call your congressional representatives and ask them to oppose privatization of the air traffic control system which, of course, includes FSS. You should also indicate that stripping the proposed language is in direct opposition of the bi-partisan Lautenberg amendment on HR2115, passed last June.

If you are not sure who your representatives are or their telephone numbers you will find a link on the NAATS website. You can also call 1-866-I-FLY-SAFE. This number will ask for your zip code and direct your call to the proper offices. You can make these calls repeatedly.

Your prompt attention to this is very much appreciated.

Wally Pike

#96, October 31, 2003

As you may know by now, the House narrowly passed (211-207) HR2115 yesterday and sent it to the Senate. The closeness of the vote surprised many, since our greater support has been in the Senate.

The bill now moves to the Senate where our supporters have threatened a filibuster. Since nothing was resolved today the continuing resolution has been extended until November 7.

The FAA appropriations bill (HR2989, S1589) has still not gone to conference but is expected to do so shortly. The Van Hollen amendment is a significant issue for us since it would force the FAA to use the old circular instead of the one adopted last May. This is good for us in a variety of ways including avoiding the use of "best value" -- a definition that allows the FAA Administrator to select a vendor that does not submit the lowest bid. Senators Mikulski and Landrieu (two that we have worked extensively) offered a similar amendment but it was narrowly defeated.

We�ll continue to stay on top of these and other congressional issues; your continued support and effort is greatly appreciated.

Earlier this week I visited MCN with SO Regional Director Dave Hoover and RegCo Tom Forte. We met with FacRep Karey Hall and several members and had very productive discussions on A76 and pay. My thanks for the invitation and hospitality.

Wally Pike

#97, November 7, 2003

HR2115 did not reach the Senate floor today. It may get there sometime next week but that�s not certain. All of this means another continuing resolution probably through November 21 which is when the Senate is now scheduled to adjourn.

Our supporters are firm on the filibuster threat. Senate Majority Leader Frist may opt not to schedule the bill next week if he doesn�t feel he has the votes to pass it. One option being discussed is putting FAA Reauthorization into an omnibus bill. It�s unclear what will happen in that scenario.

The FAA appropriations bill conference still has not been scheduled. We�re working with the various staffs to try to ensure that language similar to the Van Hollen amendment survives but that outcome is uncertain due to the continuing presidential veto threat and the omnibus bill is a possibility here also.

The initial results are in of the Mitre/CAASD pilot survey on FSS services. The survey, commissioned by ACA, validates what we already know; that GA pilots depend heavily on our expertise. We�re posting this survey on our website and we�re also circulating the results to Congress.

As you may know by now, AOPA President Phil Boyer has had a change of heart. His position now is one of opposing HR2115. We welcome his support and hope that he will lobby aggressively against the bill.

The problems with our participation on the PWS and QASP due to ACA�s intransigence continue. If our grievance is denied we are prepared to arbitrate, probably using the expedited procedure. We�ve been trying to meet with Administrator Blakey on this since August to no avail. We�re also trying to meet with COO Russ Chew to discuss the whole A76 process fiasco, including ACA insistence on the December �04 contract award date -- regardless of how much this negatively affects the MEO bid. We�ve notified them that if I can�t get in by November 14 we will issue an "open letter" to the Administrator for wide dissemination.

The minutes of the BOD meeting have been posted on the NAATS website. Our next meeting is in January.

Wally Pike

 #98, November 14, 2003

By a vote of 823-135 the NAATS membership has ratified the NAATS/FAA Pay Agreement. The entire agreement will therefore go into effect next February. Voting results by region:

Total votes cast: 960 (2 votes could not be counted).

As I�ve stated previously, there is no doubt that you deserved more. I have no problem with those who voted "no" based on principle. That is, of course, their privilege. But, given the choices, I commend the membership for choosing the better alternative.

We�ve notified the FAA of the ratification results. We�ve also notified them of the FacRep training, now confirmed, on December 16-17.

It�s been busy again this week with Congress. With the Senate busy for 40 hours on judicial nominees debate, no action on HR2115 is will occur today on the floor but is scheduled for Monday. Our supporters remain firm that privatization must be addressed or they will filibuster. A one-year moratorium on privatization or a restriction on funding for A76 studies are two advertised possibilities. There are other options being discussed that I can�t discuss but suffice it to say the congressional staffs are engaged and we have bi-partisan support.

The �04 FAA appropriations bill, HR2989, went to initial conference. It is our understanding that the conferees agreed to a provision that would require private contractors to show a 10 percent cost benefit ratio the effect of which would make it more difficult to outsource jobs without going through a lengthy bidding process. It is similar to language in the Defense appropriations bill (PL 108-87). If correct, we can rightfully consider this a victory.

The FAA has denied our grievance on the ACA PWS violations (copy on website). We�ve requested expedited arbitration and hope to schedule the hearing by the first week of December.

Wally Pike

#99, November 21, 2003

HR2115 has been on hold the last three days due solely to our issues. There�s an agreement for a one-year moratorium on privatization in FY04 but the White House has repeatedly objected to our inclusion. An understanding has been reached to include us but, at this time (5pm), the letter from the FAA Administrator has not been received at the Senate. The deal appears firm but things can always change here.

Our inclusion in the moratorium is significant. The FAA has been adamant about keeping us out of the agreement despite their statements that they won�t finish the A76 study until December 2004. The reasons for their opposition are (1) they don�t want it established that there is a congressional issue on contracting us out and (2) it denies them the ability to push the completion date forward to an even earlier date. For these reasons it is extremely important that we�re covered in the language.

The moratorium will last until next October -- interjecting it into the national elections. It will stop the final outsourcing step but not stop the A76 process -- that was not achievable. However it sets the stage to continue the fight in the �05 appropriations bill next spring. The idea is that we will now make this fight each year until the FAA comes to the conclusion that they�re not going to be able to contract out our services.

As I stated earlier, we�ve been the sole obstacle to the completion of HR2115. The next time someone asks you what NAATS has done for them you can legitimately cite the fact that we held up a $60B bill. This certainly hasn�t been lost on the potential A76 vendors who monitor our issues closely.

Senators Lautenberg and Rockefeller have been particularly strong in their support for us but some key Republicans also provided critical help by sending the White House a message that, if they didn�t get reasonable, there wouldn�t be a bill. Senator McCain also stated that he didn�t want HR2115 rolled into the omnibus bill, thereby setting up the possibility of another continuing resolution (CR) and filibuster.

Another CR is likely in any case because HR2989, the FAA �04 appropriations bill, will probably be included in the omnibus spending bill. It�s uncertain how long the CR will extend or whether S.1618 (the Rockefeller conference report language) will receive serious consideration.

I've talked twice now with FAA COO Russ Chew. To this point I�m impressed by his views and his availability to meet. I look forward to working with him but I don�t expect him to make any more major decisions until the ATO takes effect next January.

I also met with new FSS Vice President Jim Washington this week. I�ve known him for several years and his selection is very good for us. We plan to work together through the development of the FSS line of business and we also intend to jointly conduct facility visits.

Wally Pike

#100, December 4, 2003

The latest continuing resolution lasts through January. HR2989, the FAA �04 appropriations bill, has been included in HR2673 -- the omnibus spending bill. Congress adjourned for Thanksgiving without passing the bill, however. Next action is scheduled for the House on December 8 as the Senate does not reconvene until the next day. Senator Byrd has stated that he will not allow HR2673 to pass without a debate so it could be sometime in January before final action is taken.

Unfortunately Republican Congressional leaders stripped periodic employee appeal rights for outsourcing decisions from HR2989. It also appears that the 10% MEO edge as well as the mandatory annual agency congressional report have been removed. It�s unclear at this time as to what will constitute the final bill report language.

We�ve begun the coordination on the FAA �05 appropriations bill. Congressional support remains strong with our goal being another one-year moratorium on out-sourcing for FY05. The February-April timeframe will be particularly busy in this regard.

I received a call from Administrator Blakey last week. We briefly discussed the continuing PWS problems and agreed to meet and talk again on December 9. The arbitration date is set for December 12 and we both agreed it would be beneficial to resolve this dispute, if possible, without having to resort to an arbitrator�s ruling.

NAATS OASIS National Representative Jeff Barnes and I met with several Harris executives in Melbourne on December 3. All agreed that it was a productive meeting with several concerns being discussed and expressed. Again, consensus agreement was reached that further communication and coordination is necessary to ensure the relationship remains mutually beneficial. Vendor meetings with Raytheon, Boeing and CSC are also being scheduled for sometime after the first of the year.

I mentioned that Jeff Barnes accompanied me to Harris. This was probably one of Jeff�s last official acts as OASIS National Representative. Jeff has done a great job and I very much appreciate his efforts over the last several years.

As Jeff has updated you, he is being replaced by Dennis Detrow. I�ve known Dennis for a long time and have a very high regard for the abilities he brings to the table during these challenging times. Thanks to both these members.

Wally Pike

#101, December 11, 2003

I met with Administrator Blakey and Deputy Administrator Sturgell on Tuesday of this week. We discussed the NAATS PWS participation issue and the impending arbitration tomorrow but we spent most of the time talking about the December �04 A76 contract award date. I asked that the timeframe be extended to 15 months from the public announcement (expected next week) to contract award.

The Administrator expressed her concerns and reiterated that she wanted a fair competition within the constraints she has to operate. No commitment was made but she is exploring the time extension request and will get back to me; we agreed that we may need a further meeting on the subject.

My feeling is that the meeting was productive and meaningful. It�s also always helpful to keep the lines of communication open to the decision makers.

At this time our Legal Counsel Arthur Fox is involved in settlement discussions on the PWS grievance, originally scheduled for arbitration tomorrow. We are cautiously optimistic about the settlement prospects but important details have yet to be worked out. The goal of filing the grievance was to ensure the participation of our PWS representatives -- if that can be obtained short of arbitration then so much the better.

The $1000 bonus should show on next week�s pay checks. Hopefully this will come off without any glitches.

Since both the Senate and the House have adjourned "sine die", Congress will not act on the omnibus spending bill until January. One result is that this will delay the government-wide increase until at least January 20.

The last count was about 73 for the FacRep training next week in LAS. I look forward to seeing all.


Wally Pike

102, December 19, 2003

Late this afternoon I received a call from FAA Administrator Blakey. She advised that the A76 public announcement would go out later today. We then talked about the ramifications of the timelines for the MEO proposal and how the process worked.

After exchanging these views it was agreed that the contract award date would be extended from December, 2004 to March, 2005 and the timeline for MEO submission would also be extended from May to August. We further agreed that the March timeline could be compressed if the process had advanced to a point where everything was completed and, most importantly, the MEO wasn�t adversely affected.

This resolves the process and timeline A76 issues as well as the PWS grievance. I realize that there are other factors that drive this study and that this was not an easy decision for the Administrator. I expressed my appreciation for her receptiveness on these matters and for her concern about the members of our bargaining unit.

By all accounts the FacRep training in LAS was a great success. FSS Vice President Jim Washington interacted with the FacReps for more than 21/2 hours and shared his thoughts about our future challenges. I look forward to working with him and I very much regret that I could not make this meeting. I�m comfortable, though, that Kate Breen, Bill Dolan and Scott Malon more than made up for my absence.

Wally Pike