Subject:
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INFORMATION: NAATS Familiarization Training Program |
Date: |
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From:
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Director of Air Traffic, AAT-1 |
Reply to Attn. of:
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To: |
All Air Traffic Employees |
This memorandum serves to clarify several issues surrounding
Air Traffic�s Familiarization training (FAM) program as it pertains to National
Association of Air Traffic Specialists� (NAATS) employees.
In particular, it contains the designation of facility personnel eligible for international (foreign/overseas/oceanic) familiarization training (FAM) assignments. The attached listing of those eleven (11) facilities (attachment #1) shall be used in conjunction with FAA Order 3120.29, Familiarization Training and any and all other applicable agreement(s) and guidance. Only those qualified personnel employed at these Flight Service Station facilities are eligible for international FAM assignments. In addition, the attached questions and answers (attachment #2) further clarifies several issues surrounding the FAM Order and the Parties� Liaison and Familiarization Training agreement (dated May 12, 1999, NAATS National MOU #50).
ATX-500~~~ATX-100~~~ATX-1~~~AAT-3~~~AAT-2~~~~~~~~~AAT-1~~~* File: WP: \\AAT001S3\VOL1\SHARED\ATX500\NAATS\FAM2NAATS.doc ATX-501:HBiblow:hb:79785:11/28/2000
Attachment #1 Facilities Eligible for International Familiarization Training AAL-1 Kenai, AK AEA-1 Islip NY AGL-1 Kankankee IL ANE-2 Bangor, ME Bridgeport CT ANM-1 Seattle WA ASO-2 Miami FL San Juan PR ASW-1 Conroe TX AWP-2 Honolulu HI Oakland CA
NAATS/FAA Collective Bargaining Agreement The following questions were gleaned from over 150 questions
submitted in response to the telcon held on May 4, 1999. The submitted questions
were related to both the MOU and the Familiarization Training Order. The
questions relating to the Order are not included in this list. These will be
answered separately along with those received in response to the draft of order
3120.29. Do the terms of these MOU's apply only to BUE's or are non-BUE's
at the facilities and in the RO's included? Will an employee who has already traveled to the same
destination two times be allowed another two trips to the same place after May
31? Which rules are used for a BUE who leaves on a FAM before
5/31/99 and returns after 5/31/99? If an employee has taken a non-duty FAM [prior to May 31],
does this FAM count against the six duty FAM's referenced in the FAM MOU? Will an employee who has used six FAMS before May 31 not be
allowed any more FAMS for the rest of the year? Or does the count start over
on May 31? Is the intent in the MOU for ATCS�S to get training in their
own private aircraft as the pilot? If an individual is bumped on the outbound leg and cannot
complete the FAM training until the next day, do they get duty time for both
days? What if we cannot approve it the next day? Are they AWOL or do we put
them on another FAM day? What happens if an employee is "bumped" on the return leg,
and must delay travel until the following day. If the following day is the
employee�s RDO, and that employee has already worked five, or even six,
consecutive days, how is the duty status question resolved? What about days-in-lieu-of? They are official and
pre-determined holidays for pay. Under previous guidance, we were supposed to
allow such familiarization training flights. In the absence of covering
language in the new Article 56, are we now going to adhere to FAA Order
3120.29? Does the FAM MOU negate FAAO 3120.29, para 2-32 b.(2) Duty
time not authorized on any foreign trip.? Do the employees involved in [a trade for credit hours] have
to be equally qualified? Can a developmental replace an FPL who's going on the
FAM? Is FAA Order 3120.29 being revised? Will a "new" form 3120-31 be made available that includes the requirement for identifying "training objectives" prior to the trip? Is there a separate report required to reflect the accomplishment of that training?
Must the trip be confined inside the 8 or 10 hour shift? Does approved FAM training in conjunction with approved
leave include annual, comp, credit, holiday? Can an employee request and be granted credit time earned
when on a FAM? Do local agreements on priority for the trips (competing
with leave) get tossed out? Must we renegotiate them? Realizing that we are
authorized by the MOU to negotiate priority if there are several requests for
the same day, can that be broadened? Section 5: What is the difference between assigned duties at
the outbound destination (official travel) and prearranged training identified
in Section 12? Is prearranged training an assignment of official duties? Section 5: Would this affect meetings such as SUPCOM where
attendees request a FAM due to travel budget restrictions to attend a meeting?
Would they be considered on duty time, and therefore would have to be in a
travel status and paid per diem? Section 6: Under the current order, if one part of the
familiarization trip is during duty time, the entire trip is considered a duty
FAM, or will they have to be on duty time for both legs of the trip? (I.e.,
outbound on duty time, return flight on RDO) Section 6 : All FAM's are now duty time. An employee is
expected to return on a duty FAM, the day before his/her regular day off. The
employee is bumped and can not get back until the next day, his/her regular
day off. Since all FAM's are conducted on duty time and overtime is not
allowed, is the employee entitled to credit hours/comp time? Section 6 : Does this mean what it says or can an employee
take a FAM on his/her day off? Section 6: If this is to apply to non-bargaining unit
employees working administrative hours Monday through Friday, can RDO's be
adjusted to provide a duty day for a FAM trip involving travel on a weekend?
Section 6 states that all familiarization training shall be
conducted on duty time. Section 12 states that for flight times of 3 hours or
more, the employee is in duty status for 8 hours, and if the flight time is
less than 3 hours the approving official shall "account for the remaining duty
time", by ensuring prearranged training is accomplished. Does this mean the
remaining time left in the 8-hour shift or the remaining time in 3 hours? It
goes on to say, "Approved leave may be used as part of the duty day." What
does that mean? It seems to contradict Section 6. Section 6: What happens when an employee is scheduled a day
shift and his flight is at 2 p.m.? Would we change his shift to, say 1 to 9,
to accommodate the time of his flight? If so, how would that impact Section 14
which says that he/she would receive the premium pay he/she would have
received had he/she worked his/her regular shift. Exactly what is the
definition of regular shift? We would say it is what is shown on the log;
however, someone could argue it is whatever he/she worked. Section 6: Can an individual take FAM training on the same
day after working an assigned shift [full shift] or on the same day before
working an assigned shift [full shift]? Section 7: The trip cannot violate the basic workweek. If
the basic work week is a 5 consecutive day schedule, and if a trip requires
split days off, is it a violation of the basic work week? Section 7: The second sentence appears to be ambiguous,
please clarify the intent. Section 8: Facilities that work international departures
and/or oceanic airspace. At XXX AFSS we routinely conduct international
briefings and file ICAO flight plans in our flight plan area; specifically
flights that depart from the airport on which the AFSS is located. Could this
be interpreted for a trip under this section? Section 8: Are employees that are not authorized foreign
overseas flights eligible for overseas domestic flights? Section 8: Does the term "internatinal" refer to foreign
overseas as well as overseas domestic? What constitutes eligibility for an
international trip under the definition of working an international departure?
Section 8: Does the foreign overseas flight count toward the
6 trips allowed per year? Section 8: Flight to "overseas domestic" (Canada/Mexico)
appears to count towards the six trips per year, and not count against the
"foreign overseas" one flight allowed by the MOU. Is this correct? Section 10: The last two sentences in this section seem to
contradict one another. One says overtime should not be to cover for a duty
FAM specifically; however, the last sentence says we should not cancel the FAM
training to prevent the use of overtime. Isn�t the use of overtime directly
related to the FAM trip? Section 10 states that "familiarization training may be
approved even though overtime is being used in the facility, provided the
overtime is not specifically scheduled to cover for the individual taking the
trip." Is the intent of this section that NO FAM trip will be approved if
overtime directly results from it? Section 10 notes that "Normally, previously approved
training should not be cancelled to prevent/reduce the use of overtime in the
facility." Does the word "training" in this context apply only to
familiarization training or could it be interpreted as having broader
application, e.g., for OJT and other training? Section 10: The last sentence in this section needs
clarification. Sections 10 and 11 seem to contradict. Previously FAM trips
were never covered by overtime. Now, it appears that overtime would be
utilized to accommodate the 45 day FAM requests. Section 11. Prime Time annual leave for this year has
already been approved and employees have been notified. Schedules were
negotiated and set based on operational needs. There are facilities which
would need overtime to get another body out on a Guaranteed FAM trip. What is
the position on "grandfathering" this guarantee during the current Prime Time
that's already negotiated? Section 11: What is the time requirement to have local
procedures developed, and is this to be renegotiated annually, or at the
request of either the Union or the employer? Section 11: Please clarify the word "guarantee". This part
of the article could result in significant impact at the end of the year when
numerous bargaining unit employees request their "guaranteed FAMS." Also,
could we address the priority of an annual leave request versus a FAM request? Section 11: How do we differentiate who receives approval
for multiple requests on the same day if the employees are guaranteed the
trip? If an employee is guaranteed a FAM trip per the CBA and we
do not meet this requirement then we are in violation of the CBA, thus a
grievance! Section 11, "...guaranteed trips must be requested of the
supervisor, no less than forty-five (45) days in advance...", if an employee
has taken two (2) FAM's but did not evoke the "guaranteed trips", forty-five
day advance request, is the employee still entitled to two guaranteed trips?
If overtime is scheduled to cover for prime time leave, is
there a requirement to honor an employees request for a "guaranteed trip"? Is there a limit as to how far in advance the request can be
made? Section 11: Are these guaranteed duty trips ahead of other
persons requesting leave for the same period? This would conflict again with
Article 19 of the contract. Section 11: The 2 guaranteed FAM's must be requested NLT 45
days ahead of time. When must the supervisor approve/disapprove the FAM? Section 11: If staffing does not allow for the approval of a
training request submitted 45 days or more in advance, may the "45 day rule"
be negotiated or refused? Section 11: Is there to be a standardized method of tracking
the two guaranteed trips per year? If we make a local requirement to indicate on the national
form that this trip request is for one of the guaranteed trips, are we
altering the standardized program? Is it management�s responsibility to ensure no more than two
are guaranteed? Section 11: Does the employer guarantee 2 FAM trips provided
operational needs and staffing requirements are met and there is no overtime
used to cover for the FAM trip? Section 11: Are the guaranteed trips still guaranteed even
though they have had two or three trips already? Section 11: This appears to conflict with Section 15 of the
MOU, which states that we approve FAM trips based on operational needs and
staffing. Are we still allowed to disapprove all requests based on operational
needs? Section 12: Is the commute time to the airport considered
duty time? Is there any limit on how far an employee will commute to the
airport? Section 12: Is a duty day 8 hours or 8.5 hours? If an employee works an AWS - 9 or 10 hours - how are they
affected by the 8 hour duty status in Section 12? Section 12 states flight times 3 hours or greater is
considered in a duty status for 8 hours. Does this mean a 12 hour flight
counts as only 8 hours? Does permitted and suffered go out the window with
this statement. Section 12: When do the three (3) hours begin? How is this
time measured - from scheduled departure time or actual departure time or do
we use the time in the OAG? Section 12: Should we presume that it is the responsibility
of management to call the destination and establish training for the rest of
the day when flights are less than 3 hours? Section 12: How do we ensure prearranged training is
accomplished? If we require completion of some form outlining these
observations are we again altering the program or should it be documented on
the normal trip report form? Section 12: Comment: Under this section, for flight times
less than 3 hours, the approving official shall account for the remaining time
by ensuring that prearranged training is accomplished. How are the approving
officials supposed to comply with that when they sign the authorization forms
days, sometimes weeks, ahead of time? Does section 12 indicate that the FAA is placing someone on
"Administrative Leave" to account for any amount of time left over from the
employee�s shift when the flight is greater than 3 hours? Section 12: For flights lasting under 3 hours, can we force
a person to take leave for the remainder of the duty day, if the approving
official is unable to arrange training at the destination, or deny the FAM
request if the employee is unwilling to take leave? If we provide timelines to comply with section 13 for
differing carrier requirements, are we altering the program? Section 13: "Must be�3 days" filed in advance so as to allow
administrative time to process paperwork. Does this MUST allow flexibility to
approve a FAM in less than three days? Section 14: Does this language obligate the agency to pay
the employee Sunday pay? Section 14: Does this language obligate the agency to pay
the employee Sunday pay if he/she changes his/her day off from Sunday to
Monday to take a FAM trip? Section 14: Does this language or the lack of additional
language obligate the agency to allow an employee to take a FAM trip on their
actual holiday? If it does, do they receive holiday pay? Section 14: What is the intent of the Section 14 in
reference to proficiency Training? Section 14: Do the training objectives need to be in
writing? Can they be verbal between the employee and approving
official? Is there any guidance on how detailed the objectives need to
be? Section 14: What does the "used toward annual proficiency
mean?" Section 14: What hours are to be counted toward the minimum
yearly proficiency requirement, and actual flight time? Section 14: Which specific minimum yearly proficiency
requirement does this section refer to? Does the word "identified" mean in
writing as defined in the Use of Terms, FAAO 7210.56A? Where does management record this in writing? In Section 14, we would like more clarification as to what
is meant by the training objectives that are to be identified by the approving
official at the time the training request is approved. Section 14: In regards to the proficiency training
requirement mentioned in section 14, how will this be tracked? Will we be required to enter this type of training in their
records? Will this perhaps be a 1-hour weather, 1-hour departure
observation, or airport air traffic control operation observation? Will every FAM count toward proficiency training? Section 14: Proficiency training must be recorded. The
current version of TRAX does not allow identical entries be made in a single
calendar month, in that the first record is overwritten when the second
training is recorded. How are two or more FAM flights a month entered into
TRAX? Will guidance be provided for format of training entries?
Will the training times entered into TRAX be the flight time
of the trip, the entire duty day, or will the approving official�s "training
objectives" determine this? What will be the required TRAX entries? FAM trips are now entered into the Liaison Familiarization
Travel section of the Training Jackets. Will there now be a requirement to
enter the FAM trips into the Proficiency section of the Training Jackets? Section 14: Does an employee in FAM training on a
day-in-lieu-of holiday, on a training flight of at least 3 hours receive
holiday pay for the full eight hours? Examples of Sunday pay and night
differential could be substituted, as well. Section 16: What are the oversight processes/procedures? Section 16: What is the joint NAATS/FAA review process? Section 16: Who will be responsible for these processes?
(Headquarters, regions, Facilities) Section 16: What parties will meet? Do they meet nationally,
regionally, locally?
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