NAATS HEADQUARTERS EMAIL UPDATE

Volume 3, #87

August 15, 2003

PAY

I have recommended, and the BOD has approved, a tentative pay agreement we reached yesterday on pay with the FAA. There are some technical cleanup details still to be worked out but we expect this to be done by the first of the month. Final agreement is subject to membership ratification.

We have been in negotiations on pay since January 2000. We�ve been at impasse since April 2000. During this time we�ve attempted to negotiate an FSS reclassification and, when that failed, comparability with the other FAA controllers. The FAA response has consistently been the same -- move into core with no true increase in compensation or benefits. Even when they were offering "5.5%" it was always contingent on dollar for dollar cost offsets that would have resulted in no net increase; the most recent proposal was last year at the FMCS hearing when they proposed to take all the bargaining unit holiday premium pay.

In agreeing to this proposal we considered all the factors, including the current environment in Congress and the FAA and the state of the national economy. We have also thoroughly examined the judicial option as well as administrative remedies through the Federal Labor Relations Authority (FLRA). It�s important that all members understand all the factors that contributed to this decision.

It�s no secret that no one on either side of the aisle in Congress wants to hear about a pay dispute between the FAA and its unions. We�ve attempted to legislate a remedy on pay for the past three years with little to show for our effort. The climate on the Hill is worse now than when we started.

The FAA has presented this same basic pay proposal to all of the unions, including the NATCA and PASS multi-units. Both of those unions are now at impasse and the Administrator has clearly stated that she has an aggressive schedule in sending these impasses to Congress for resolution. There is no reason to believe that Congress will act within the 60 day timeframe to reverse the Administrator�s position on pay.

Staying in the GS-12 pay scale is therefore not an option. We will either move into core or we will be moved into core. There is no other outcome. Unfortunately this isn�t like negotiating a price on a car or a washing machine. It�s not a level playing field and we can�t change the rules of the game.

No doubt you will hear talk about filing a lawsuit and taking the FAA to court. Essentially this line of logic goes that Congress did not intend for the Title 49 language to replace the Federal Service Impasses Panel (FSIP) as the final arbiter of FAA pay disputes.

We have examined this judicial option on at least three different occasions; most recently last month. We do not believe we can prevail in court but, even if we could, the makeup of the FSIP does not give us much cause for optimism. Obviously the FSIP is a better venue than congress but, as you may recall, President Bush replaced all the members and their rulings (available online at FLRA.gov) with few exceptions have uniformly gone management�s way.

We have filed unfair labor practices (ULPs) with the FLRA, the entity that administers the rules and regulations. These have not resulted in changing anything.

When we talk with Congress about the pay dispute the national economy in general and the aviation industry specifically is routinely mentioned. Horror stories about airline pilots who used to make $150K or more a year now making $25K tossing luggage onto conveyor belts are an example.

We have simply exhausted our options.

Details about the tentative agreement are as follows:

• The new contract, including both the work rules and pay rules, will be effective the first full pay period of February, 2004. This includes the CIC differential, OJTI differential and FERS sick leave buyback articles.
• ATRA will be rolled into base pay at 4.1% in accordance with the pay rules. There is no other increase in base pay.
• All NAATS bargaining unit members will receive a $1000 one-time lump sum payment, minus appropriate payroll deductions, on their paycheck for pay period 26, 2003.
• TAU 23 will be implemented the first pay period of October, 2003. This will allow us to access the additional training time contained in order to train our FacReps prior to the implementation of the agreement. Official time for union representatives is also contained in this article however it was not a factor in negotiating the early implementation.
• NAATS can reopen pay negotiations, at its sole discretion, to discuss gain-sharing upon completion of the A76 process or on the second anniversary of this agreement (February 2006) whichever is earlier. This is significant. The new contract is for five years beginning February 2004 with pay again on the table in February 2009. This reopener will allow us the option of negotiating pay again in two years or sooner in a better environment.
• Training provided by sources outside the FAA under tuition or registration fee arrangement will be reimbursed up to $1000 per year for bargaining unit members. This training must be pre-approved and a grade of "C" or higher must be maintained.

That is the deal. The work rules have already been ratified. The above will be incorporated into the pay rules we negotiated in July 2002 and copies will be sent to all facilities and the NAATS website. Ballots will be sent to all regular members.

Ballots will be due back November 14. The ratification timeframe will allow all members the opportunity to discuss and consider this thoroughly before they vote. It will also give the Regional Directors and me time to travel and meet with the membership.

In discussions with OMB they have stated that the Service Contract Act applies to the A76 process. Having a collective bargaining agreement, including pay, in place could have a potential positive impact on bargaining unit members in the event we are actually contracted out.

A word on what happens if this proposal is rejected. The FAA has stated they will send their May offer to the Hill. As you will recall the May offer does not contain a reopener for the union, no lump sum payment and no early implementation of training time.

The choice is either to take the money, reopener and training time or to force the Administrator�s hand on an inferior proposal. If you choose to vote "no" we will do the best we can under the circumstances to address this issue any way we can.

Obviously we feel this is the best deal we can get or we wouldn�t be sending it out to you. There is no doubt you deserve better but we also know the realities of our situation. We recommend you ratify this agreement and that we move forward.

Wally Pike