MEMORANDUM OF AGREEMENT

The Federal Aviation Administration (FAA or Agency), the National Association of Air Traffic Specialists (NAATS or the Union), and Mr. Paul Cording (Charging Party) agree to the following terms and conditions as full settlement of unfair labor practice Case Nos. CH-CO-50554, CH-CO-50555, and CH-CO-50556.

1. The FAA and NAATS agree that the following provisions of the Parties� collective bargaining agreement are contrary to law and will no longer be enforced:

Article 8, Sections 2, 3, and 5 that require employees to obtain and submit their SF-1188 (dues revocation) forms through the Union, instead of directly to the FAA payroll office.

Article 8, Section 5 that does not permit employees to revoke their Union dues on their first anniversary date.

2. The FAA and NAATS agree to the following procedures for handling first year dues revocations for employees under the provisions of Article 8.

The FAA and NAATS agree all employees may revoke their dues deductions for filing their SF-1188 directly to the Agency�s payroll office or their representatives at the facility in accordance with the procedures below.

The March 1st cutoff date contained in section 5 in Article 8 of the Parties� national agreement will no longer be used for determining the filing period for employees revoking their dues after the first year of dues withholding. Employee�s one year (12 months) anniversary date will be calculated from the first pay period the dues deductions began. A dues revocation form (SF-1188) may be filed anytime by an employee during the thirty (30) calendar days period beginning forty-five (45) days prior to his/her anniversary date and ending fifteen (15) days from the anniversary date. A completed SF-1188 form, however, must be received by the Agency�s payroll office or its representative by the 15th calendar day prior to the employee�s anniversary date. Revocations will be made effective the following pay period. If an employee does not submit an SF-1188 during the thirty (30) day window period and/or it is not received by the payroll office or its representative by the above due date, a withholding allotment may not be revoked until the next filing period specified in section 5 of Article 8. It is the employee�s responsibility to insure timely filing of his/her revocation forms.

The March 1st filing deadline in section 5 of Article 8 remains in effect for all other employees who wish to revoke their dues deductions after the first year of deductions.

3. The FAA and NAATS agree to publicize the above change to dues revocation procedures by placing a notice in the union newsletter and posting on the union/employee bulletin boards at each facility having bargaining unit employees. Employees will be informed they can submit their SF-1188 forms directly to the payroll office and that first year members may revoke their dues on their one year anniversary date in accordance with the procedures in section 2(b). Such announcements will be done within 45 days from the effective date of this agreement. A copy will be provided to the FLRA representative.

4. NAATS will immediately honor Mr. Cording�s SF-1188 and forward it to the Agency�s payroll office for processing. NAATS will repay the employee all dues withheld from January 27, 1995 (1 year anniversary date) to the date of the employee�s dues are discontinued. The employee will notify the NAATS national office of the date his dues are discontinued and NAATS will send him the reimbursement check within 30 days of this notification.

5. The Charging Party agrees to withdraw Cases Nos. CH-CO-50554, CH-CO-50555, and CH-CO-50556 effective the date of this agreement.

6. The Union also agrees to withdraw the national grievance Case No. (NA)ALR-95-1-NAT-6 concerning processing dues revocations effective the date of this agreement.

7. The FLRA Chicago Regional office will monitor compliance with this agreement. The Parties agree to provide the FLRA Regional office with information requested concerning compliance with the terms and conditions of this MOA.

This agreement is effective September 15, 1995.

For the Union For the Agency
For the Employee  

9/1/95

 

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