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.