NAATS Letters to members Volume 4b

#116, May 7, 2004

The AFSS Leadership Conference concluded yesterday. In his closing remarks FS Vice President Jim Washington proposed that his senior management team work with our Board of Directors to jointly chart the course for the future. I gladly accepted as I believe this is positive particularly given the uncertainties of the move into the ATO. Mr. Washington�s decision to sustain our national grievance on credit hours (copy on our website) was also well-received by the NAATS leadership. Other highlights of the meeting were the interactions with FAA COO Russ Chew and AHR-1 Ventris Gibson. All facilities are to receive unedited copies of the meeting in either VHS or DVD format. I recommend you also watch the ACA presentation and draw your own conclusions.

During the off-duty hours GFK FacRep George Kelley coordinated over 160 congressional meetings. This made for very long days and short nights for our FacReps as they presented our message to their representatives on the Hill. We will be busy next week following up on all the commitments they received. I�m confident these meetings will pay dividends. Again, I express my appreciation to all those that participated and especially to George Kelley for his Herculean efforts.

I�m scheduled to talk with AOPA President Phil Boyer on Monday.

I do appreciate the invitation to attend the PRC picnic on May 15; my apologies for not being able to attend.

#117, May 14, 2004

I talked with Senator John Kerry�s Director of Labor on Monday and I will be attending a series of counsel meetings this summer. We agreed that the potential October A76 source selection date would be worked in this forum.

The Alaskan Senate has passed (39-0) Senate Joint Resolution 14 requesting that the FAA fully staff and maintain flight service stations in Alaska. AK Regional Director Phil Brown actually wrote SJR 14 and Senator Donnie Olson sponsored it with House Minority Leader Johnny Ellis co-sponsoring. Congratulations to Phil for his fine work on this.

I talked with AOPA President Phil Boyer on Monday regarding a wide range of our two association�s concerns. We both agreed it was a very productive discussion and we committed to staying in better touch with each other with an eye toward presenting a common front. More details will follow after our next discussion.

We are busy analyzing the recent SIR. The deadline for any NAATS protest, which the BOD must approve, is technically August 3 but we will be prepared well in advance of that time.

Chairman Trent Lott Senate Commerce, Science and Transportation Committee - Subcommittee on Aviation, will hold an oversight hearing on the Federal Aviation Administration, focusing on how it is preparing for growth in air travel, the status of its modernization program and how it is controlling its cost growth.
Witnesses Scheduled are Marion Blakey, Kenneth Mead Inspector General, Department of Transportation and JayEtta Hecker - Director, Physical Infrastructure Issues, General Accounting Office. While we are not scheduled to testify we are working with the respective congressional offices.

I�ve seen an advance copy of the GovExec article, dated May 15, on our A76 Study. Thanks to Curt Lasley for his work at DCA on this and for posing for all the pictures. A copy will be posted on our website.

No doubt you have heard about the delay in the ATO transition. Following is a joint statement that I discussed with FS Vice President Jim Washington this morning:

The success of the ATO organization will depend on all of us working together to build a better future. A lot of good work on the Flight Services transition is already done, but we realize, through ongoing dialogue with NAATS, that more work needs to be done in order to reach mutual agreement on the changes which regional office transition is expected to bring.

Therefore, the transition date for the Flight Services organization will change from the original target date of May 16. We will work jointly with the leadership in Jim Washington's organization to resolve our remaining questions regarding the regional transition, and expedite the setting of a new target date.

#118, May 22, 2004

Following received this week on the core compensation conversion:

Chris Early 05/18/04 10:49 AM
To: Ray Thoman/AWA/FAA@FAA,
Michael Herlihy/AWA/FAA@FAA,
Melvin Harris/AWA/FAA@FAA,
Mary Ellen Dix/AWA/FAA@FAA,
Marita Johnson/AWA/FAA@FAA,
Lisa M Martin/ASO/FAA@FAA,
Leo F Stoltz/AWA/FAA@FAA,
Ventris Gibson/AWA/FAA@FAA

We have sent ACA-1 Joann Kansier a letter (copy on our website) requesting an explanation of her repeated statements regarding the "high risk" designation of the MEO bid. As soon as we receive an answer to this, as well as our previous letter on the right of first refusal issue (also on website), we will distribute.

We are formulating our comments on the recent SIR and as soon as they are finalized we will post them on the website. This should not be confused with our potential protest of the SIR that may come later.

It�s likely we will be mailing a related package to all FacReps next week. Your cooperation is very much appreciated.

#119, May 28, 2004

By this time most of our FacReps will have received a package from NAATS Headquarters. The package will ask FacReps to distribute a letter, prepared by our attorneys, to all bargaining unit employees. As mentioned in previous correspondence the protest route for this A76 study is through the Office of Dispute Resolution for Acquisitions (ODRA) and not the GAO. This includes the definition of "interested party" (those that can protest). The BOD previously adopted a resolution (7-1) affirming this. While we strongly feel we meet this definition the mailing will provide insurance against adverse rulings. Packages did not go to our Alaska or FSDPS FacReps as they do not meet the definition of "directly affected". I urge FacReps to make this distribution as soon as possible. Feel free to contact me with any questions.

On May 19 FS Vice President Jim Washington and I were at OAK AFSS for a joint meeting. WP Regional Director Mike Puffer and WP-500 John Clancy also attended. Later that evening OAK FacRep Jim Blaine held a union meeting where we discussed several matters. It�s clear that more answers need to be provided by the FAA decision makers at these meetings. Thanks to Jim Blaine for hosting both of these meetings.

As many of you will recall from our national meeting Mike Hiett, HHR AFSS, has done some great work on potential administration contacts. During my visit to HHR Mike seized an opportunity for Facrep Scott Morrissy and me to personally meet Dr. Robert Cleaves, President of the Wilderness Conservancy Project Care. Dr. Cleaves is providing a personal contact with President Bush to fully explain the ramifications of the current A76 Study and to seek reconsideration. Expect more details from Mike in the near future.

The SAN joint meeting had to be postponed but Mike Puffer hosted a multi-facility union meeting at this home. Also in attendance were Tom Avalos WP Regional Coordinator and RAL FacRep as well as SAN FacRep Barbara Bradshaw. It provided another excellent opportunity to exchange information with the membership. Thanks to Mike and his wife Jamie for their hospitality.

The NAATS comments on the SIR release have been completed and sent to Webmaster John Dibble for posting on our website. Please note -- this is not the official protest of the SIR. That will be decided later.

I spoke with Administrator Blakey this week regarding the source selection date. While further discussions will continue on a more concrete agreement, her expectation is that the earliest this date will occur is in December - possibly later. I felt it was a productive discussion. The Administrator expressed her interest in accompanying FS Vice President Jim Washington and me on potential facility visits. I encouraged this and she advised that she would have made some of the previous visits if she had received sufficient notice. More details on all this as they develop.

Congressional activity continues with several key decisions to be made shortly. As soon as these matters are finalized I will provide all details.

Wally Pike

#120, June 7, 2004

The congressional work continues with a major announcement expected shortly. As soon as all the coordination is completed I will give you the details.

Special thanks to RDU FacRep Greg McGann and the RDU membership for their work with Congressman Robin Hayes and his staff. Following up on Greg�s work I had an excellent meeting with Hayes� Legislative Assistant whom I had met with before. This time we got a few more commitments. This is another example of how constituents can frequently accomplish more than lobbyists.

CXO FacRep Brian Gleich has volunteered to work on a PAC fund drive proposal with SW Regional Director Mark Jaffe. My feeling is that our congressional efforts are more important now than ever before and I�m happy to accept their offer.

As you may have heard by now, this week�s RIF negotiations have been postponed. The reasoning is that the ATO has not made the necessary decisions to make the meeting productive. As I�ve indicated to the FAA, we can discuss these matters in any forum but these decisions must be made promptly to provide our membership with some assurances on their possible future.

Given the above, I made the decision to postpone the joint facility visits to PIE and SJU that FS Vice President Jim Washington and I had scheduled for this week. In my opinion these meetings are counterproductive unless some substantive matters can be discussed. The union meetings are always worthwhile and my hope is that the other scheduled facility meetings will be the same. My regrets to the membership at these facilities -- I will try to reschedule these visits at a more appropriate time.

Our election nomination period closes June 21. I urge you to throw your name in the hat for any office for which you have interest. If you�ve ever had any desire to run for election, now is the time. It�s hard to imagine a more critical time for both our membership and option. No one owns these positions and competition always brings out the best in candidates. Again, my advice is to study the positions and not be fooled by any rhetoric or insincere posturing designed to appeal to baser instincts. There are no simple answers to complex questions.

To those members who have asked me to take a public position on various candidates -- I�m officially neutral and won�t endorse anyone. I won�t deny that I have an opinion about what I�ve seen, however, and if you�re interested, feel free to contact me offline.

Wally Pike

#121, June 8, 2004

I�m pleased to announce that a congressional hearing will be held next Tuesday, June 15, specifically to address the AFSS A76 outsourcing process. The scheduling is tentative but is being firmed up at this time. The hearing will be conducted in the Senate Commerce, Science and Transportation Committee, Subcommittee on Aviation. Senator Trent Lott (R-MS) is Chairman and Senator John Rockefeller (D-WV) is the Ranking Member. The Subcommittee includes Senator Frank Lautenberg (D-NJ).

I will be on the panel and testifying but the remainder of the witness list has not been finalized.

This hearing represents a major accomplishment for us. It�s been obvious from the beginning that the FAA does not want any form of congressional approval or oversight on this A76 process and how it�s being conducted. This is an excellent opportunity to present our issue to the subcommittee with jurisdiction over the FAA.

More details as they are finalized.

Wally Pike

#122, June 8, 2004

We�ve just been informed that the A76 hearing will be held on July 15, not June 15 as we were originally informed. All else remains the same.

Hearing schedules are always subject to change. The important thing is the forum. We are prepared to testify at any time.

Wally Pike

#123, June 10, 2004

As you may know by now, the FAA has made the decision to begin the ATO implementation for FSS on Monday, June 14. Despite the fact that several concerns remain, there are opportunities in our having our own line of business. No bargaining rights have been waived in this matter.

FS Vice President Jim Washington has issued a memo today regarding the above. My expectation is that there will be additional difficulties that will emphasize the need for NAATS and the FAA to work together to jointly make the transition as smooth as possible.

#124, June 18, 2004

We have posted a letter from Congresswoman Shelley Moore Capito (R-WV) and Congressman Mike Rogers (R-MI) to Administrator Blakey on our website. Thanks to EKN Facrep Bob Frances and Steve Glowacki for their work with Ms. Capito and to the LAN membership for helping with Mr. Rogers.

Even though our protests do not go through GAO, we are supporting the Collins/Levin bill (S2438IS) that will give civil servants the right to challenge government outsourcing decisions. As discussed previously our protest(s) will go to ODRA but the concept is consistent in that representatives of affected employees should have administrative protest rights.

The A76 Senate hearing remains firm on July 15. As expected, the FAA, among others, is lobbying hard against the hearing.

If you are a constituent of one of the Subcommittee Senators I ask that you contact them and remind them of the hearing and how significant it is. Be sure to emphasize that this hearing is for the sole purpose of discussing the FAA A76 outsourcing process being conducted on our workforce. As all of you know, the timing is critical and there are still many misconceptions among congressional members as to exactly what�s happening and the fact that congressional approval is not required for the final outsourcing decision. We are continually briefing the members and their staffs and if they have any questions please direct them to me.

The Aviation Subcommittee has the following members:

This hearing is not for the purpose of discussion the larger issue of ATC "privatization". That subject has the luxury of time and can be addressed in the next congress after the elections.

I would also ask that you not contact the subcommittee members with other concerns for this hearing. It is important that you coordinate any ideas with me first. As I mentioned earlier, the hearing already has considerable opposition and we want to avoid unintentionally aiding those who oppose us.

NAATS HEADQUARTERS EMAIL UPDATE

#125, June 27, 2004

FS Vice President Jim Washington and I resumed our joint visits this week with a stop at FTW AFSS. We were able to at least tell the members that:

In my opinion, this is the least the FAA should offer. There must be accommodations, in the form of job guarantees, for all adversely affected bargaining unit members. Obviously we have much to discuss and decide with the FAA leadership.

Later in the day SW Regional Director Mark Jaffe and I attended a union meeting with the FTW members. Later in the week, Mark and I went to CXO to meet with FacRep Brian Gleich and the membership. Both meetings resulted in excellent information exchanges, with a number of good suggestions. Thanks to those who scheduled the meetings and for inviting me.

The Senate hearing date has been changed to July 14; I wouldn�t be surprised if it changes again as we get closer. As I mentioned last week, there are those that are either in opposition or lukewarm to this hearing. Our response is clear -- the FAA refuses to categorically state they will not award the A76 contract in calendar year 2004. This means we can�t afford to wait until next year for Congress to act. More details as they develop.

In case you missed it, the McMinnville News-Register had a June 24 article from FacRep Martin Brown on the A76 study. The article was very well done; congratulations to Martin and thanks for his work on this. Webmaster John Dibble and NAATS News Editor Eli Morrissy are coordinating posting this article on our website.

#126, July 2, 2004

I�ve received questions asking whether the Senate Hearing will be televised. We have no information on the CSPAN schedules but most hearings are televised on the web via the senate.gov and house.gov sites. The time of day has been yet been set. As soon as we know more we will advise.

As of today, the hearing is still scheduled for July 14. Getting the hearing represents an accomplishment. There has to be an achievable goal, however, of the hearing to realize any tangible benefits. I�m not going to discuss any strategy here for obvious reasons but we have talked about this at our national meetings and at the facility union meetings I�ve attended. All the Directors have been briefed on our legislative goals, both short and long term, and I encourage you to also contact them for more details.

We are in almost constant discussion now with our Hill friends about the best way to achieve these goals. All I can advise is that change is almost certainly inevitable on this and your patience is appreciated.

Meanwhile, we must also deal with the A76 process and its consequences. I�m very disappointed to say that we have not had any further discussions on the arrangements for adversely affected employees. I have nothing more to share with you at this point except for the frustration of an agency that won�t make appropriate and timely decisions for those they subject to this process. We are working on ways to correct this and will keep you advised.

Our position on some significant matters:

That the FAA hasn�t already dealt with these matters is, in my opinion, indefensible.

I met with AOPA President Phil Boyer this week. We agreed on several matters with a few significant issues still to be worked out at later meetings. I felt the discussion was very productive for both organizations. This continues a positive string of communications we�ve had over the past few months. More details on this after our next meeting which I expect in the near future.

Finally, thanks to member Patty Kast, SAN, for her A76 article in the North County Times. Webmaster John Dibble and NAATS News Editor Eli Morrissy are coordinating to post this on our website and newsletter.

#127, July 8, 2004

The senate subcommittee hearing on our A76 issue has been deferred. I do not know when the new date for the hearing will be but we�ve been assured that a hearing will be conducted prior to the A76 contract being awarded. Meantime, we continue to work the issues, including the early source selection date concern, in other congressional forums. More details as we learn them.

I attended the Kerry Transportation Policy team meeting yesterday. It was an impressive gathering and a productive meeting. I feel this is an excellent forum for our outsourcing issues.

I have sent Administrator Blakey a letter detailing our concerns on adversely affected employees. A copy has been sent to Webmaster John Dibble for posting and we also distributed it to Capitol Hill.

#128, July 13, 2004

I�m pleased to include, as a separate attachment, a copy of the letter we�ve received from Senator John Kerry. This letter is the result of our coordination with his election committee and is consistent with the policy statements we�ve received from his staff.

Although we very much appreciated the verbal commitments, we felt it was important to have candidate Kerry�s strong position of support in writing for all to see.

Given the above we feel it is important for NAATS to take a position on the presidential election. I have recommended, and the Board has agreed, that we endorse John Kerry in the November election. I�m working with his staff now on a press release.

#129, July 23, 2004

For the past several days we have been working on the NAATS protest to the A76 SIR. We have finalized this document, transmitted it to the FAA and I�ve asked John Dibble to post it on our website. Thanks to all those who helped in this process.

We continued out talks this week with the FAA on the accommodations for adversely affected employees and the RIF negotiations. Bill Dolan is in charge of these issues and will keep you informed. My feeling is that at least we�re off to a positive start and talking about the issues again. Our goal is to reach a fair agreement as soon as possible and to get that information out to you.

We have generated considerable congressional interest in the A76 source selection date as well as our alternative proposal to the FAA Administrator of last summer.

On the first matter, we continue to receive verbal assurances from senior FAA managers that they do not plan to award the contract until the January-February timeframe. Despite this, they refuse to publicly stipulate they will not go to source selection prior to January. Our message to Capitol Hill remains that the only reason for an early source selection is purely political -- an attempt to trump the national elections. Our supporters on both sides of the aisle assure us they will not allow a source selection prior to January.

We have learned that Senate Aviation subcommittee Chairman Trent Lott has talked with Administrator Blakey and informed her that he expects to be kept informed of the latest information on the A76 process.

Our position is as follows:

The A76 process should be stopped not just due to the inherently governmental arguments, which we are all familiar with and that has been well-documented, but also because of the unnecessary cost to taxpayers. The FAA continues to complain about their budget shortfall; continuing this process will result in a conservative estimate of $225M in unbudgeted expenses over the next two fiscal years. This expense is unbudgeted because the FAA failed to follow OMB guidelines recommending agencies preplan A76 activities for 12-18 months prior to initiation. There is no evidence that the FAA did any preplanning whatsoever prior to beginning this outsourcing process in May 2002. This expense will have be absorbed by parts of the FAA that are not subject to the study effectively negating any cost savings for at least the first two to three years of any vendor contract. Additional unbudgeted expenses are anticipated.

This expense is unnecessary and wasteful. The NAATS proposal demonstrates projected savings of $600M over seven years; this compares favorably with the DOT IG Report Number: AV-2002-064 Date Issued: December 7, 2001. This IG report is, of course, used by the FAA as a primary reason for initiating the AFSS A76 outsourcing process. Adopting the NAATS proposal also significantly enhances the FAA�s chances of actually realizing the efficiencies and cost savings contained in the end state.

The FAA has still not contacted us despite the fact that we�ve continued to signal our willingness to move to the proposal efficiencies and to save the unnecessary and unbudgeted expense of the A76 process. It is understood that the proposal is dynamic and high level with many details to be determined. Our commitment, however, remains in tact. Expect to hear more on this in the coming months.

#130, August 6, 2004

NAATS RIF Negotiator Bill Dolan will be providing you with the details of his RIF talks with the FAA, probably after the BOD meeting next week. He�s asked me to relate that the good news is that the parties are talking but the bad news is that there still isn�t any agreement. Our position remains consistent; citing budgetary concerns does not alleviate the FAA from its obligations. We did not choose to be subjected to this process � if the FAA cannot afford to do the right thing with its employees then they should reconsider whether continuing this ill-advised A76 venture is appropriate.

We, NAATS, had nothing to do with the July 26 letter to AFSS employees from ATO-D and AHR-1. In fact I refused to use NAATS outlets for its distribution. In my opinion this letter was one of the most relentlessly negative pieces of correspondence I have yet seen concerning this process. Although it does contain some important information, it does nothing to reassure employees that the FAA values them, their contributions or the current situation they are forced to endure. With ACA continuing to push for an early source selection date, telling employees again that they should update their resumes demonstrates an appalling lack of concern for employees and their families.

The Administrator�s letter of August 3 is more compassionate but still does not resolve the outstanding issues. We are asking that the Administrator provide the additional reassurance to all employees that they will have a job at the end of this outsourcing process. Other agencies have done this and it is the least the DOT/FAA should do for affected employees.

ACA has continued their A76 congressional meetings. The latest misinformation they are spreading is that the unfunded A76 expenses total no more than $100M and that the money will be budgeted. In fact, the severance pay alone is estimated to be between $65-125M and nothing is contained for this in either the �05 or �06 budgets to date. Total unbudgeted expenses exceed $225M.

Our alternative proposal continues to generate Capitol Hill interest. We stand by the projected savings of $600M over seven years. Nothing but silence from the FAA so far.

We are continuing to participate on the Kerry Transportation Policy Team. Action plans are being developed that will include NAATS and our issues.

We met with AOPA again this week to discuss several matters, including our alternative proposal. No definitive agreements were reached but we agreed to continue to talk.

It has been extremely busy again with the legal issues of our SIR contest. Bottom line - the program office did not challenge our standing which represents a major victory for us. Our contest will now have to be decided based on its substance. ODRA has appointed a Special Master (GSA judge) to assist in the fact finding and has also assigned mediation using ADR. Our request that the August 3 proposal date be delayed was denied but ODRA has decreed that source selection cannot occur until our contest is adjudicated.

Finally, I am canceling any further facility visits. My apologies to the AL, WP and NM membership but I have no interest in participating in joint labor/management facility meetings when the most basic of employee concerns are still being neglected. Given the current situation and workload, my time is better spent in other forums addressing these oversights.