NAATS HEADQUARTERS EMAIL UPDATE

Volume 2, #35

June 14, 2002

It's going to take some time to resolve the last two pay rule issues. Tentatively (no deal is TAU'd until all elements are completed) we have agreement on OSI and SCI but pay band caps and progression are still in dispute. We talked this week and we'll continue next week. My guess is that it will be another few weeks before this is completed. I still believe we'll have agreement before the July 15 deadline.

It's been another busy week with meetings. In addition to our issues and to the Administration's Executive Order deleting "inherently governmental" from the previous EO (see Kurt Comisky's article below), there are three items of particular interest on the Hill. We're working on a press release.

H.R.4760 is a bill to amend title 5, United States Code, to provide that service performed by an air traffic controller who is transferred or promoted to a supervisory or staff position continue to be treated as controller service for retirement purposes. Since Jim Oberstar (MN) is one of the sponsors on this and is the ranking member on the T & I Committee, it has a chance of passing.,

S.871 is a bill to amend chapter 83 of title 5, United States Code, to provide for the computation of annuities for air traffic controllers in a similar manner as the computation of annuities for law enforcement officers and firefighters. NATCA initiated the legislation and we're included and supporting it. Latest Major Action: 6/21/2001 Referred to Senate subcommittee. Latest Status: Committee on Governmental Affairs referred to Subcommittee on International Security, Proliferation and Federal Services.

Congressman Don Manzullo (IL) intends to introduce legislation to correct FAA inequalities in pay. This is similar legislation to the last year's attempt. We are not included in this; I've talked with Manzullo's people but I'm not pushing since NATCA is adamantly opposed and I feel the bill will have almost no chance of success.

I met again with Chairman Don Young this week. He continued to express his support for the FMCS hearing on July 30 to resolve the pay dispute.

The next few weeks are also very busy with meetings including an OPM briefing on Monday for the union presidents to explain the new Department of Homeland Security. Because it's so busy now I've had to postpone the GL region facility visits. My apologies but I'm firmly committed to making these trips as soon as possible.

Wally Pike

Following are two articles; one an OASIS update from OASIS National Representative Jeff Barnes and the other an article on A76 by NE Regional Director Kurt Comisky.

06/10/02 - We are getting close to an In Service Decision (ISD) on OASIS. The briefing package has been written and will be presented to the heads of the lines of business Thursday, with the presentation to Steve Brown, ATS-1 scheduled to take place on the 20th. It is hoped that at that time his response will be approval which will make SEA and AND fully operational and will continue OASIS moving forward with the planned phased ISD program. We will have at least two more software upgrades leading to the final ISD which is scheduled to take place with the 25th site installation at BDR. The briefing package asks for approval to continue the program until the 25th site, at which time there will be another Independent Operational Test and Evaluation
(IOT&E) leading (hopefully) to the final ISD.

I may have miscommunicated my intention somewhat when I was talking about remote workstation use at events in your flight plan area. What we are trying to do is give the Program Office data so they can make an estimate of what remote workstation usage there will be each year. There is no need to make/get a commitment to actually work these events at this time. That will depend on staffing and other factors that you have to work at the local or regional level. The purpose here was to get an idea of what kind of usage of the remote workstations each year to ensure we have access to enough of them. So there's no need to try to get commitments from management to set up a temporary FSS at these events right now. Just think of events it would be good to try a temporary FSS at. Also, just because you're number 50-something on the waterfall you should also be thinking about this. These estimates will be carried forward through the life-cycle of OASIS so getting the information from everyone is important. Also, these figures are estimates, so they will be subject to adjustment as reality shows itself down the road.

I head to Harris tomorrow to take our first look at the first half of the software upgrade under development for the STL installation. There is enough new software involved in this installation that it was decided to test it in two chunks. The major testing will be taking place at the Tech Center with OASIS Human Factors Team participation in July. We will be testing the whole
package this fall.

Planning is underway to install the OAWS (Not sure of this acronym...even I draw a blank occasionally. hehe) at SEA and AND early in August. This will be the server that backs up all our weather data for 13 hours so that we can restore svc A data after an OASIS failure at any site. The early installation is a good thing because it will allow us more test time prior to the requirement for them to go operational when STL does. Preliminary results have been promising with full database restorals taking about 12 minutes with faster times thought possible.
Fraternally,

Jeff Barnes

By now you must has heard or read the news that the Bush Administration, through Executive Order has modified a Clinton Administration Executive Order concerning the proposed ATO/PBO for the FAA.

What actually occurred is the Bush Administration removed the determination that air traffic control is an "inherently governmental" function from the previous Executive Order.

I am sure there is more there is more going on (like some contractor getting a hold of the several billion dollar NATCA payroll), however this in itself is a clerical correction.

The term "inherently governmental" function has a specific meaning in the executive branch. This term provides a significant distinction in governmental functions in the OMB A-76 circular. It is my thought that in some discussions between the FAA and OMB the Clinton Executive Order was brought up in the context complying with the FAIR Act. By OMB directive/policy, in terms of the A-76 study, it is the Agency Head that determines if a function is "inherently governmental", subject to OMB review. The error was that in the Clinton Executive Order, the president made the determination, not the agency head.

With that said, it does appear that there is thoughts on an A-76 study for NATCA and OMB is cleaning up the paper trail to withstand an appeal. [The agency head decision of whether a function is inherently governmental is appealable through a internal process to the FAA, not in the civil court, so basically what the administrator determines will survive unless there is significant new information presented at the appeal process or significant political pressure.]

Two observations;

I would be willing to bet a dollar that the new administrator determines that Air Traffic Control is not an inherently governmental function, thus the air traffic control functions will be placed on the inventory list as indicated by the FAIR Act.

Second, several weeks ago, I learned of a rumor going around in FAA HQ that the other two options were to be contracted out and the FAA was going to keep flight service in house. . . .

As a final closing thought, I think it may be in our best interest to have Jane make the decision whether Flight Service is "inherently governmental". If by some fluke, she does determine we are, the appeal process will take place quickly, not giving our opponents a fighting chance to make a successful appeal. [The appeal process is rather short.]

Kurt

(One note - technically we're in the feasibility determination of the A76 process. This means there's been no final decision to actually conduct the A76 study yet. It's possible that a determination of "inherently governmental" could be made for FSS and that no study would therefore be conducted. That's why we're so concerned about being involved at the earliest stages. -WP)