Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:07-cv-00272-ECH
FEB-~T-208B Bg:SB

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UNITED STATES OF AMERICA BElfORt; M ~D~RAL,LABOR RELATIONS AterKORla~ OF~CE OF THE G]~NERAL COUNSEL

DEPARTMENT OF TRANSPORTA1~ION ]fEDERAL AV-~ATION ADMINISTRATION WASHLNGTON~ D.C. Charged Party Case No. WA-CA.06~0366

NATIONAL AIR T~kFFIC CONTROLLERS ASSOCIATION, AFL-CIO Charging Party ' Order Denying Motion for Reconsideration The Rttl~ and Regulations of the Fedm-al Labor P,~httions ArtthoriW at p~vide that a Charging party may mow ~r reconsidsratio~ of the General C0tt~l's f'mal de~sivn if it ~sn establish oxtraordinmT ¢ir~ttrnstsn~e~. Fttrther~ th.v Motion for R~onsidvration must be fflsd within I0 days aftor th~ dat~ on which tht~ C~neral Cmmsel's final d~ision is postmarked. The final General Counsel's Ordsr dtmying th~ appeal w~ postmarked I~muary 29, 200~. As thv Charging Party's Motion for R~onsiderativn w~s film on l~b~y 6, 2008, it w~ timely llled, Se.# 5 C,F.R, § 2429.21 (the dato ofhand dtlivm-y is thv filln$; datv). In ctv~srmlni~g ~hether extra~rdjnm7 ttireumstanoes have b~ ~t~b]is~, ~e Gm~ Co~sv~ Combat Support G~W, ~¢ott Air For~ B~e, ~, $0 F~ 84 (19P5). Spvuiflc~ly, ~v Genial Co~I will not ~t a Motion ~r Reronsi~on ~s ~ mov~g p~ ~tablisbvS that~ (1) ~ ~inZ ~ dmi~on or ch~s in tim law ~sc~ di~osifi~ issue; (2) edd~oe, in~ation or ~ i~v ~al to ~e d~bion w~ nut ~side~d by ~e G~nsral Co.el; or (3) the O~ ~sel m~e ~ e~r in mat~al f~ or law, A Mofio~ for R~o~d~fion may not be used to ~op~ a c~ m~ly t~ ~ cvnt~tlons previously adv~c~ ~d ~e~y ro~id~ by the G~I Coansvl.

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The ¢ontenlions ass~u~ed in the Motion for Re0011slder~on have bee~ cmafully considered, stranded s~t forth above. Ther~tbr~, tlm Mot|0~ l~or R~constderation is dr~ni~l. This dr~ision is

J]nal. ~ C~.1~. § :423.1 l(g).

ORDERED: For the ibregoing reasons, th~ Motion for Re~nsldr~ation is h~by DL~r~ED."

D~te Issued:

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BEI~RE ~ FEDK!IAL LABOR RI~LATIONS AUTHORITY .OFFICE OF THE GENE1U, L COUNSEL' DEP.b,~TMENT OF TRA.~SPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. C~rb, ed C~se No. WA-CA-06-0366
NATIONAL A.Ut TRA.FrFIC CONTROLLERS ASSOCIAT~ON~ AFL-CIO. Chargin~ Par~y

CI~RTII~ICATE OF SI~RVICE I hereby cet~3~ ~tat ~ February 26, 2008, I n~ilecl the foregoing ORDEK p~ in ~ ~on by pl~g a copy ~eo~ pos~ p~ in ~ U,S. Po~t Offiv~ m~l~x at W~~, D.C., Md~s~ ~ fo~ows: CERTIFIED MAIL - RETURN RECEIFr REQUESTED CERTIFIED NOS.

Cert No. 7006 2760 000S 6476 6697

Cert No. 7006 2"/60 00US 6476 670~ BY FAX Gored M. Cvle R~givnal Dixe~tvr, San Francisco
Debts Watlin~on Management An~dy~t I

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DEPARTMENT OF ~fRAN ,SPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON~ D.C. Charged Party and NATIONAL AIi~ TILkFF][C CONTROI~LER$ A$$OCIATION~ AFL-CIO Charging Party Order Denying Motion far R©comlderation
case No, WA-CA-06-0563

In d~tvrmining whet.her vxtrao~'y vir~urastmce$ hav¢~ b~m establish, t~ applies ~ ~l~ st~d~ to ~t ~0t foflh by ~ Au~oflW In ~8. Dep't offhe Air F~, 375~ Comb~: $apport Group, Scott Atr Fo~e Ba~e, ~l., 50 F~ 8~ (1995). Sp Genial Counsel ~ll not g~t a Motioa ~r R~iderafion ~le~s ~e mov~g pray e~ablish~ ~: (I) m lntew~ning eo~ d~eifion or ~g~ tn ~ law affects ~spmifive i~sues; (2) ~noe, infection.or ~ issue c~oial ~ ~ deoision w~ not oo~idered by Counsel; ~ (3) the Genii Co~l m~ m mot In mutual fa~ or law, A Motion for Ro~nsid~ra~on may not b~ us~ m ~op~ a ~o m~ly to r~e oom~fi~s ptevio~ly advmaod ~d a~y aomlda~ by ~ G¢aor~

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FLRR - SFRO

Th~ contentions ass~rtr, d in th~ Motion ~r P,~r~nsiderafion h~'~ bven carafully vvnsid~.d. Nothing in the Moron for ~o~on =s~sh~ ~o~ ci~um~nc~ ~d= ~e fin~. 5 O.F,R, ~ 2423.11(g).

dc~on not ~ i~u~ a ULP ~o~le~L ~, ~.g,, ~#ent Office P~I ~#s '~ v, F£~, 12~ F.~ 7~1, 752 (D.C. ~r.

.

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FEB-2?-2088 0~:S0

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UNfeD STATICS OF AMERICA B~FORE THE FED]~RAL LABOR ~LATIONS AUTHORFIT OFFICE OF TH~ GENERAL COI/NSEL DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON~
and

Case NO. WA-CA-06-0563

NATIONAL AIR TRAFFIC CONTROLLI~RB ASSOCIATION, AFL-CIO ¯ Ch,~rging Party CERTIFICATE` 0]? SI~RVICE I h~by e~ify that on Februaxy'26, 2008, I mail~d the foregoing O~ ~n ~ ~e~ p~i~ in ~s ~on by pl~lng a ~py ~ ~st~e p~ ~ ~ U.S. Po~t Office mailbox at W~htn~on, D.C., ~~ ~ folluws: CERTIFIED MAIL - ~t~TURN RlgCEIF£ I~QUESTED C]~R~D NOS.

Cect No, 7006 2760"000:~ 647G 6710 Eliz~beth ~. Head, Esquir~ Oflive of ~e Chief Co~sel , F~o~ Aviation ~s~oa ~bor & Per~d ~vi~io~ A~-30 600 ~d~e~c~ Avenue, S,W,, 1~t Floor W~n, D.C, 20591
:BY FAX" .G~rald M~ Cole Regional Director, San Frands¢o

Cert No. 7006 Z760 0005 6476 6/27

Management A~alyst

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O~FICE OF THE CENERAL COUNSEL

DEPARTMENT OF TRANSPORTATION F~DERAL AVL~.TION ADMINISTRATION WASHINGTON, D.C. Charged Party
and

CaseNo. WA-CA-06-0648

NATIONAL AI~ TIT, AFFIC CONTROLLERS ASSOCIATION, Charging Party Ord~r'D~ying Mot/, on for Reconsideration

In determining wh~ther ,~traordinary oir~ul~t~ccs have beem est~lishcd, the Ge.ncral a~lbs a simi~ st~d~ ~ ~at ~et fo~ by ~e Au~od~ in ~. Dep "t of~he ~ir For~ Cerebra 8uppo~ Group, 8~tt Air For~ B~, IlL, $0 ~ 84 (~995). S~ifi~ly, G~ Consul ~ll ~t ~t a ~flon ~r ~nsid~on ~less ~e movi~ p~ ~stsblish~s ¯ at: (1) ~ in~ng ~o~ d~ision or ch~g~ i~ ~e ]~w ~c~ ~spositivc issues; (2) ~d~¢~ ~0~ation or ~ issue o~i~ ~ ~e'~clston W~ not ~tder~ by the Cv~sel; ~ (3) ~v Gvn~l Co~ael ~de ~ enor ~ material f~t or ~w. A Motion Reconsideration may ~t be used ~ r~p~ a ~ m~ly to ~gu~ ontcntlons p~viously adv~ced ~d ~r~y ~[d~r~d by tho G~

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ORDERED:

C~n~l Counsel

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~D STA,T~$ OF AMERICA BEFORE THE I~DlgRAL LABOR RELATIONS AUTHORITY OI~ICE OF THE GENERAL COUN~SEL DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMI~STRATION WASHINGTON, D.C. Churgefl Party attd NATIONAL AIR TRAFFIC, CONTROLLERS ASSOCIATION~ AFL-4~IO Chargia8 Party CERTIFICATE OF, SERVICE ¯ pa.,ties in this action by' plat~g a ©opy thereof~ postage p~epaid~ ~ tho U+S. Post Office ma~]box at Washington, D.C., ~ldre.s~d as follnws: Case No. WA-CA..06-0648

Cert No. 7006 2760 0005 6476 6734

Office of~o ~efCo~l F~er~ A~a~o~ AddiCtion ~bor &'P~o~ol Division, AGC-30 600 ~epende.~ Av~u~, S.W., !~ Fhor W~o~ D,C, 2059t BY FAX Gerald M, Col~ Regional Director, San F~n~ir~o

Cert Nc~, 7006 275@ 00~ 6476 6741

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000083

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NATIONAL OFFICERS
President John Cart 1325 Massachusetts Avenue, NW Washington, DC 20005 202-628-5z~51 FAX 202-628-5767 Emai/: jcarr@natcade:org Executive Vice President Ruth Marlin 1325 Massachusetts Avenue, NW Washington, DC 20005 202-628-545i FAX 202-628-5767 Emaih [email protected]~ NORTttWEST MOUI~AIN REGION Carol Branaman PO Box 2250 Monument, CO 80132 719-487-77!1 FAX 719-487-7722 Email: caro Irvp (ii)earth!dnk.ne t SOUTHERN REGION Andy Cantwell 100 Hartstield Centre Parkway, Suite 510 Aflauta, GA 30354 404-766-3118 FAX 404~766-4265 Email: [email protected] SOUTH'WEST REGION Darrell Meachum 1.001 West Eutess Boulevard, Suite 215 Euless, TX 76040 817-540-666I FAX 817-354 8589 Email: nswrv0~natca.net WESTERN PACItrlC REGION Bob Marks 751 Rancheros Drive, Suite 1 San Marcus, CA 92069 760-752-3400 FAX 760-752-3434 Emaii: skvlord(i~ox.net REGION x James D'Agati 231 W. Main Street, #207 Carpenterzville, IL 60120 847-551.-3320 FAX 847-551-3396 Email: ida~ati(-~natea.net

REGIONAL VICEPRESIDENTS
Rick Thompson PO Box 233291 Anchorage, AK 99523 907-346-3372 FAX 907-346-3373 Email: [email protected] ka.net CENTRAL REGION John Tune 27094 Hospital Drive Paola, KS 66071 9t3-294-2861 FAX 913-557-9966 EmaiI: itune(h3natca.or~ EASTERN REGION Phil Barbaretlo 1303 Main Street Port Jefferson, NY 11777 631-331-3273 FAX 631-331-2986 ' Email: [email protected] GREAT LAKES REGION PaNck Forrey 1910 Highland, Suite 210 .Lombard, IL 60148 630-268-8430 FAX 630-268-8476 Email: [email protected] NEW ENGLAND REGION Mike BIake 20A Northwest Blvd., Suite 226 Nashua, Nit 03063 603-673-7443 FAX 603-673-3432 Email: [email protected]

AGREEMENT between the NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION AFL/CIO AIR TRAFFIC CONTROLLERS UNIT and the Federal Aviation Administration ¯ Deparlment of Transportation

SEPTEMBER 2003

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AGREEMENT between the NATIONAL AiR TRAFFIC CONTROLLERS ASSOCIATION AFL/C|O TRAFFIC MANAGEMENT UNIT and the Federal Aviation Administration Department of Transportation

SEPTEMBER 2003

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TABLE OF CONTENTS
ARTfCLE ARTICLE 1 ARTICL~ 3 ARTICLE 4 SUBJECT PAGE

ARTICLE 5
ARTICLE 6

ARTICL~ 8 AKTICLE 9 AZtTICLE 10 Intentionally Left Bla~ AKTfCLE 12
AKTICLE 13 ARTICLE 14 ARTICLE 15 AKTfCLE 16 AKTICLE 17 ARTICLE 18

ARTICLE 19 ARTIC.LE 20 ART!CLE 21 ARTICLE 22 AKTICLE 23 ARTICL~ 24 ARTICL~ 26

UNION RECOGNITION AND ~RESENTATfON . . . 1 KIGHTS OF UNION OFi~CIAI~ .................. 7 EMPLOYEE RIGHTS ........................... 8 MANAGEMENT RIGHTS .......................12 K.EPRESENTATION RIGHTS ..................... 13 MID-~ BARGAIN~G ...................... PROBLEM SOLVING- ........................... 17 GRIEVANCE I~OCEDURE ...................... 19 DISCIPLINAKYIADVERSE ACTIONS .............. 29 DUES ~OLDING ......................... 33 ADDITIONAL VOLUNTARY ALLOTlVIENT DEDUCTIONS ............................... 37 UNION PUBI/CATIONS AND INFORIVLATION AND USE OFAGI~NCY'S FAC~ITfES .......... 40 NAMES OF EMPLOYEES AND COMMUNICATIONS 43 USE OF OFFICIAL GO~ TELEPHONF~..44 AG]~NCY DIRECTIVES ......................... 45 POSITION DF_SCKIFI~ONS ...................... 46 CONTROLI.,t~-IN-CHARGE (CIC) TRAFFIC MANAGENfENT SPECIALIST-IN-CHARGE (TMSIC) TRAFFIC MANAGEMENT CO OKDINATOR-IN-CHARGE (TMCIC) 48 NOTAM SPECIALIST-IN-CHAKGE (NSIC) ...... HAZAKDOUS GEOLOGICA.L/WEATHER CONDI~ONS ............................... 49 PERFOK.MANCE STANDARDS AND AFPKAISALS . 51 RECOGNITION AND AWARDS PROGRAM ........53 EMPLOYEE RRCOI~S ......................... 55 LIAISON AND ~AMILIAR.W_ATION TRAVEL .......59 ANNUAL LEAVE .............................. 62 65 SICK LEAVE .................................. LEAV~ FOR SPECIAL CIKCUIVIST_A~CES ......... 68 iii

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JURY DIJTY AND COUR'T LEAVE. '.. ............. HOLIDAYS .......... ~ ............... .......... " 72 " EXCUSED A~SL~NCES .......................... 76 .. PRENATAI_/LNFANT CARE .... , ............... ;" 77 78 CHILD CARE .................................. WATCH SCHEDULES AND SHIFT ASSIGNMENTS .79. 81 POSITION ROTATION AND RELIEF PERIODS . .... 85.° WORKING HOURS ............. ; ............... Z2,..,. PART-TIME ElVfPLOYM]2qT ..................... 87 PAY ADMINI~ON ........................ =,.. 8~" BACK PAY ............... : ..... - .......... ¯ 88 OVERTIME ................................... 90 NATIONAL PAY PROCEDURt~ .................. . ARTICLE 40 SEVERANCE PAY .............................. . 90 ~.AND BEb[E~TS ADMINIST1LkTION. 91, ARTICLE 42 BIDDING PROCEDURES ..... . .................... 96 ARTICI~ 43 TEMPORARY PROMOTIONS .~. ................... TEMPORARY ASSIGNMENTS AWAY FROM 97 ~ FACILITY ............................... TEMPORARILY DISABLED EMPLO~ ASSIGNMENTS ............................. 98 99 REALIGNMENT OF WORK FOKCE .............. REDUCTION-IN-FORCE (RIF) ...... .......... 100 ..." TECHNOLOGICAL/PROCEDURAL CHANGES .. ~.. 101 STUDIES OF EMPLOYEES AND THF_~ 103 WORKING CONDITIONS ..................... "104 ARTICLE 50 SURVEYS AND QU-ESTtO~NAIRF~ .............. " 105 ARTICLE 51. FA~ EVALUATIONS ARTICLE 52 107 ARTICLE 53 OCCUPATIONAL SAFETY AND HEALTH ......... ARTICLE 54 WEL~NF~S CI2¢TERS AND PHYSICAL FfTNESS PROGRAMS IiO HUM_4N FACTORS ............................. Iii EQUAL Eh~PLO~qV~'T OPPORTI~ (-EEO) .... ill 112 EMPLOYEE ASSISTANCE PROG'KMvI (F_Atr) ...... MOVING EXPENSES ................ ; ........... 114 ' ......................... 119 RETURN RIGHTS ...... ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 3 f ARTICLE 32 ARTfCLE 33 ARTICLE 34 ARTICLE 35 2,~RTICLE 36 ARTICLE 37 ARTICLE 38

ARTICLE 60 ARTICLE 61 ARTICLE 62 ART!CLE 63 ARTICLE 64 A~TICLE 65 ARTICLE 66 ARTICLE 67

122 FACILITY OF. PREFERENCE ..................... PROCEDURES FOR VOLUNTARY APPLICA27oN . 123 AND ItCI~RNAL PLACEMENT " .INfMI~qTY PRO ~RAM ......................... 125 NA~ONAL TRANSPORTATION SAFETY BOARD 125 (!~SB) UNION tLEPRESE,NTA_TWES ............

OrnRAT~ONAL ~_.RgORmWVUmON

~TIOA~O ,~, ~.m'0RTeqO AND

BOA~ .................................... ~mD~CAL OUAL~CAnONS ................... ~o
133 TRAINING .................................... " 135 ON-TIlE-JOB-TRAINING 136 DRESS CODE ................................. 137 PARI~qG ..................................... 138 EMPLOYEE SERVICES ......................... 138 CALENDAR DAYS ............................ : 239 SUBSTANCE TESTING ......................... CRITICAL INCIDENT ~SS MANAGEMENT

mi~c~ 6~
ARTICLE 69 ARTICLE 70

ARTIcr~ 39

ARTICLE 71 ARTICle.72 ARTICLE 74

"

INIURY COMPENSATION ...................... 146 NEW FAcIzITIES/CURRF_,NT FACtLITY EXPANSION 148 149 ASBESTOS .................................... ACQUIR.ED IMMUNO-DEFICIENCY SYNDROME

(AIDS) ........ :....: ......... : .............

ARTICLE 79 ARTICLE 80 ARTICLE 81 ARTICLE 82 ARTICLE 83 ARTICLE 84

ARTICLE 85 ARTICLE 86 ARTICLE 87 AK17CLE 88 ARTICLE 89 ART.[CI .~. 90

FARE SUBSIDIES FOR EMPLOYEES ..... "-., 152 EMPLOYEE RECERTIFICATION ., : ........... 153 .... 154 HAZARDOUS DUTY PAY ....................... 154 AERONAU'UCAL CENTER ...................... 155 SENIORITY', .................................. DtSABI.ED VErERANS AFFIRMATIVE 155 .~CTION PROGRAM ......................... ACCOMMODATIONOF DISABLED EMPLOYEES .. 156 156 CAREER TRANSITION PROGRAM ............... 156 FLEXIBLE SPENDING ACCOIYN2S .............. 157 GAIN SHARING ............................... 158 GO~ CREDIT CARD .................. 159 LEAVE TRANSFER .............................
V

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~n'~R~GZ.~G~ .................. i63 PERSONAL I:~O~TY C'iA]MS ....: ............ ld.3
SELF-~ .............................. STAFF/NO ................ ................... ~. AYAILABIIZI~ OF THE CENTE~ FOR
MANAO~ DEVELOP .2d2R~ (CMD) ....... ARTICr.~. 96

163 165
166

ARTICLE 1 PARTIES TO THE AGREEMENT
Section 1. This Agreemem is made by and between the National Air Traffic Controllers Association, AFL-CIO (hereinafter "the Union"), and the Federal Aviation Administration, Department of Transportation (hereinafter "the Agency"). The Union and the Agency are referred to collectively kerein .as "~e Parties." Section 2. For the purposes of this Agreement, the Parties agree that within ~e David J. Hurley Air Traffic Control Systems Command Center (ATCSCC) structure, A2~-2 is theequivalent of the Air Traffic Manager ~rnd ATF-I is the equivalent of the regional .level!Air Traffic Divisio~ Manager.

T~POP~RY DUT~ TRAVEL ................... ~.

ARTICLE 97 ARTICLE 98 ARTICLE 99
AKTICLE 101

sz .ctmr_~ ............. . ......................

PROBATIONARY EMPLOYEE ................... 170 OPERATIONAL REQUtREMEN~ ................ 170
171 171 172 173

PKIORITY CONSIDERATION .................... FAA REFORM ............. . .................... ARTICLE 102 EFFECT OF AG~ ...................... ARTICLE 103. P~G OF THE AG~ ................
ARTICI.~B 104-

ARTICT]~ 105
~ZkR'I][CLE 106.

GROUN-D RULES .............................. i74 DURA~ON .................................... t74

ARTICLE 2 UNION RECOGNITION AND REPRESENTATION
Section 1. The Agency hereby recognizes the Union as the exclusive bargaining representative of Air Traffic Control Specialists, FG-2152 series, located ia terminal and enroute facilities, as certified by t~e Federal Labor Relations Authority (FLRA) on June L9, 1987 (Appendix 1). The agency also recognizes the UNon as the excIusive b~gaining repzesentative of traffic management coordinators/specialists, FG-2152 series, in terminal and em-oute facilities and the Air Traffic Control System Command Center (ATCSCC), as certified by the FLRA on May 25, 2000 (Appendix 2), and NOTAM specialists, FG-2152 series, at the ATCSCC, as certified by the FLRA on March 23, 1999 (Appendix 3). Section 2. If the bargaining unit(s) described in Section I is/are amended to include other employees, those employees shall be covered by this Agreement. Section 3. The Union may designate Facility Representatives for each facility. The Union may designate one (1) representative and

MEMOP.ANDUM OF AGREEMENT .......................... .... 175 MEMORANDUM OF UNDERSTANDING ........................ 179 APPENDIX 1 APPENDIX 2 APPENDIX 3

AIR TRAFFIC CONTROLLER UNIT FLRA CERTIFICATION ................... : ......... 187 TRAFFIC MANAGEMENT I.rNIT FLRA CERTIFICATION ............................. t89 NOTAM UNIT FLRA CERTI~CATION ............ 191 . 193

INDEX ......................................................

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departs his/her duty station. The employee shall be reIe.ased from his/her facility and will be considered on duty time for up to two (2) hours so as to reasonably arrive at the departure airport one (1) hour prior to the proposed departure lime. Section 11. All familiarization trip requests must be submitted to the facility sufficiently in advance-to permit three (3) administrative days for internal processing. This is in addition to the advance notice required by the air carrier and time for mailiug. Section 12. Familiarization flights are on-the-job training. An employee traveling on such a flight on his/her regularly assigned duty day receives the same premium pay he/she would have received had he/she worked his/her regular shift. An employee shall be considered on duty time for one (1) hour prior to the proposed departure time until one (1) hour after the actual arrival time at the final destination, if othergdse in a duty status. An employee is not entitled to premium pay, overtime, or compensatory time!credit hours when traveling on off-duty days. Section 13. All familiarization travel shal! be subject to the approval of the Agency. Such approval will be governed by the operational mad smffiug requirements, of the facility.

c. eight (8) hours for each full biweekly pay period for an employee with fifteen (15) or more yea~s of service. Section 2. Except for those fac~ties where a leave exigency. exists, employees shall be authorized the use of the leave they are entitled to eara within a leave year at any time during the leave year. All employees shall be afforded the oppo~x~tmity to take two (2) consecutive weeks annual leave .each year. Section 3. Annually, prime time leave periods shall be negotiated at the local level for each bargaining unit so as to al!ow a minimum of two (2) consecutive or non-consecutive weeks of annual leave during prime time for all bargaining unit employees. The procedures for selecting, scheduling and relinquishing of prime time leave shall be negotiated at the local Ievel for each bargaining Section 4. Conflicting prime time leave requests of bargaining unit employees shall be resolved by seniority. Section 5. Non-prime time leave is annual leave that is requested utilizing other than the prime time leave bidding procedure negotiated under Section 3 and prior to the schedule being posted. Non-prime time leave requests shall be recorded mad approved/ disapproved as soon as practicable after the request is made or as mutually agreed upon at the local level. Approva!/disapproval shallnot be subject to conditional circunmtances. If the request was disapproved and ammal leave for that time period, or any portion of that time period, later becomes available, the leave zhall be approved on a first requested basis. The Parties at thelocat level shall establish the method for recording non-prime time leave requests. Section 6. Annual leave requested for a_uy period during a posted watch schedule, for the shift being worked, shall normally be approved/disapproved within thirty (30) minutes of the request being made. Leave requests for future shifts shall nbrmally be
63

ARTICLE 24 ANNUAL LEAVE
Section 1. Employees are entitled to annual leave with pay that accrues as follows: four (4) hours for each tall biweekly pay period for an employee with less than three (3) years of service, six (6) hours for each ftdlbiweekly pay pcriod, except that the accrual for the last biweekly pay period in the year is ten -(IO) hours, for an employee with three (3) but less thaa fifteen (15) years of service,
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approved/disapproved within two (2) hours of w~aen the request was made, or prior to the end of the shift, whichever iS less. Approval/disapproval shalI not be subject to conditional circumstances. Leave requests shall be approved in the order that they were requested. If the request was disapproved and annual leave for that time period later becomes available, the leave shallbe approved in the order that the request was received. The Parties, at the local level, shall establish a secure method for recording leave requests. Section 7. Except as authorized in OPM regulations, no employee will be forced to take annual leave. Section 8. Unless operational requirements do not permit, bargaining unit employees may be authorized the use of all accumulated leave. Section 9. An employee may cancel annual leave at any time. When an employee cancels scheduled atmmal leave and returns to duty, he/she shall be assigned to work the shift which he/she would have worked, ff the annual leave had not been scheduled, maless operationalrequirements dictate or allow assignment to a differegt Section 10. Employees on annual leave who become sick shall have the ri~ht to convert the annual leave to sick leave. Section 11. Employees shall not be required to provide reasons for atmual leave requests. Section 12. Unless oth .ezy~e negotiated locally, all annual leave requests shall be submitted on an SF-71. The form shall be dated, signed, approved!disapproved asappropriate, and a copy retraced to the employee. (Z~ Section 13. E~igencies for public business must be determined by the head of the Agency or his/her designee. Except where made by 64

the head of the Agency, the determination may not be made by an official whose leave would be affected by the decision. The Agency will notidy the Union, at .the national level, when the Agency make~ the decision to place any facility in a leave exigency status. Upon written request of the UniOn, the Agency shall provide, in wrifi~ag, within fourteen (14) days, the jKstification the Agency used in determining the need for the facility to be placed in a leave exigency status. If the Agency determines that an emergency exists at a facility not covered by a 1cave exigency, which precludes an employee from using appropriately scheduled use-or-lose leave, such leave shall be retained by the employee. Section 14. In the event a leave exigency exists, the Tarries at the local level shall negotiate the amount of amaual leave each employee can use and the p.rocedures to be used to distn'bute the leave equitably among bargaining unit employees. Section 15. In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under 5 USC 8332, regardless of whether or not the employee is covered by Subchapter III of Chapter 83. Section 16, Except as otherwise provided for in this ,agreement, employees are covered by the annual Ieave and lump sum payment provisions contained in 5 USC Chapter 55, Chapter 63 and the associated regulations in 5 CFR. Section 17. The express terms of this Article apply separately and distinctly to each of the following bargaining units: air traffic controllers, traffic management coordinators~spe~ialists and NOTAM specialists.

ARTICLE 25 SICK LEAVE
Section 1, An employee shall earn sick leave at a rote of four (4) hours a pay per~ock
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ARTICLE 31 CHILD CARE
Section 1. The Parties recognize the relationship of adequate child care to employee satisfaction and productivity and that this is mutually beneficial However, the Parties fUll, her recognize that it is not within the authority of the Agency to directly provide on-site child care at its facilities.

activities of the group ff othelwise in a duty status, l_f requeste~ by the representativ~ and operational requirements permit, the Agency shall change his/her days off to allow participation in a duty status for these purposes. If the Agency is unable to approve the change as specified above, the work group meeting will be rescheduled to a mut~alIy agreeable time. Section 5. If space is available, the Agency shall provide for the use of a private area in all of its facilities for employees who are breast-feeding their children.

Section 2. In accordance with governing regulations, the Agency shall provide advice and assistance concerning employee child care. Such advice and assistance may include conducting needs assessment surveys, maint~g kffolmafion about private child care facilities available to employees.and maintain~g information about tuition assistance programs. Section 3. In accordance with governing regulations, the Agency may provide suitable govermnent-owaxed or leased space and space-related services without charge for the purpose of establishing child care facilities in or near the Agency's futilities. When any facility is com~ructed and there will be at least fifty (50)" employees ia the facility, the Agency shall conduct a needs assessment survey to determine the feasibility of establishing a child care facility. The Agency shall compile a list of other government facilities witl~ the commuting area, so that such facilities may combine resources for the purpose of meeting the basic eligibility iequirements as determined by GS/L
If requested, the U~on shall be involved N all phases of this process.

ARTICLE 32 WATCH SCHEDULES AND SHIFT ASSIGNMENTS
Section L The basi~ watch schedule is defined as the days of the week, hours ofthe day, rotation of shifts and change in regular days off. The basicwatch schedule must satisfy coverage requirements. Assignments of individual employees to the watch schedule are not considered changes to the basic watch schedule. Once posted, the basic watch schedule may not be renegotiated except for substantial operational reasons, or u~ess specifically requested by the Union. Permanent~rotatiug shifts and/or permanent/rotating days off are options which may be conside/ed. Section 2. Procedures for employees bidding and assignment to the basic watch schedule shall be negotiated by the Union and the Agency at the local level. Upon request of the Union, bidding and!or assignment to the basic watch schedule shallbe according to

seniority.

Section 3. The basic watch schedule shall be posted at least one (1) year ~ advance. Section 4. Assignments to the watch schedule shall be posted at least twenty-eight (28) days in advance or for a longer period where local conditions permit. The Agency recognizes that
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Section 4. When work groups are formed for the propose of establishing on-site or off-site child care facilities, the Union shall be entitled to name a representative on the group. The representative wilt be allowed duty time to participate in the
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changes of individual assignments to the watch schedule are undesirable; there£ore, the Agency agrees to make every reasonable effort t9 avoid such changes. Changes with less than seven (7) days notice sha~l not be made for the purpose of avoiding payment of overtime, holiday or other premium pay. When the Agency determines that overtime willnot be used, the Agency shall use the following alternatives to the extent feasible prior to making the change to an employee's posted shift assignment with less than seven (7) days notice: a. employees who have volunteered to change shifts; b. employees who have volunteered to earn credit hours; c. personnel on permanent assignments that are requSred to maintain .currency;
d. line supervisors;

Section li. The Agency shall establish a policy that shift adjuslments for the purpose of continuing an employee's off-duty education or professional training shall be handled on an individual basis. However, the Agency agrees that in no instance shall shift adjustments for this purpose interfere with the watch schedule rotation of any other employee at that facility, without the consent of the emp.loyee so affected. No .employee may receive preference at the expense of another unless both employees agree to the arrangement. The employee requesting education shift adjustment shall be responslble for obtaining the consent of all other employees affected. Section 7. The express terms of this Article apply separately and distinctly to each of the fo!lowing bargaining units: air traffic controllers, traffic management coordinators/specialists and NOTAM specialists.

e. personnel on detail assignments; L rescheduling of training. In the eventthe above alternatives are found not to befeasible, the employee's posted shift assignment canbe changed. Whenever an employee's shift is changed involuntarily, the affected .employee shall be paid all differentials or premium pay to which he/she would otherwise have been entitled. Section 5. The Agency shaI1 approve the exchange of shifts and/or days off by employees of equal qualifications, provided the exchange is consistent with operational requirements and does not result in overtime or violation of the basic work week. The Agency shall approve the change of skirts and/or days off, provided the change is consistent with operational requirements and does not result in overtime or violation ofthebasic workweek80

ARTICLE 33 POSITION ROTATION AND RELIEF PERIODS
Section 1. Unless operational requirements do not permit, employees shall not be required to spend more thast two (2) consecutive hours performing operational duties withouI a break away from operational areas. The supervisor is responsible for ensuring that breaks are administered ~ accordance with this Article. In any facility where employees routinely spend more than two (2) consecutive hova-s on position without a break, the NATCA Regional Vice l~esident and the Regional Air Traffic Division Manager shall meet to develop a plan to alleviate the problem.
Section 2, Brea~ are defined as a period of time during which no duties are assigned.

Section 3. To the extent traffic volume and stafftug levels within a facility on a given day permit, position assignments.shall be rotated
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among the qualified employees. The Agency shall seek input from the U~on with respect to the rotational plan that the facility will normally follow. Section 4. First priority for breaks shali be given to providing a reasonable amount of time away from the p osition of operation for meals, in the event the employee is required to work during the fourth (4th) hour through the sixth (6~) how of their shift without a minimum thirty (30) minute unintemxpted meal break, they shall be compensated at the rate of fifty percent (50%) of one-half of the applicabIe hourly rate of basic pay. If the employee requests and receives the meal break during some other period they will not be eligible for the. missed meal premium pay. Section 5. Since position rotation and breaks may be restricted or precluded during shi~s with the majority of hours between 2330 and 0630 local time,, breaks/assignments to less busy positt'ohs shall be accomplished in the last two (2) hours of the shift as soon as operational conditions permit.

they are temporarily assigned. Employees who are disciplined for conduct offenses or are undergoing performance relaled training may be reverted to an administrative workday(s) shift to ensure closer supervision. Section 4. Upon request of the Union, Alternate Work Schedules (AWS) shall be authorized in accordance with this Agreement.

Section 5. Participants in an AWS shall be employees who volunteer in writing.
Section 6. "Core time" means those designated hours and days dur~g the biweekly pay period established by the Agency when an employee on certain flexible schedules must be present for work. Section 7o AWS means: a. A minimum of seven (7) hotzrs core time eac~ workday. b. A maximum of one (1) flexible hour which must be worked ¯ each workday. c. Employees may vary start times on a daily basis only during the established flexa'ble times. d. Employees scheduled to wor~ Sunday midshifts may not flex into the previous day.. e. At the union's request, maxiflex and compressed work weeks shall be negotiatedlat facilities that operate less than 24.hours/day. Section 8. "Credit hours" axe non-overtime hours worked under an AWS which are in exce~s.o£ an employee's basic work requirement and which are worked at the election of the employee after approval by the Agency. Upon request of the Union, the Parties at the tocal level shalI..negotiate procedures for earning credit hours in conjunction with any particular shift(s) on a
83

ARTICLE 34 WORKING HOURS
Section 1. The basic v~orkday shall consist of eight (8) consecutive hours and the basic workweek, shall co~osist of five (5) consecutive days. Section 2. On changing to daylight savings time, employees shall be afforded the opportunity to remain on duty for eight (8) hours. Section 3. The Agency may change an employee's shift to an administrative schedule (eight and one-half (8 ½) hour shift ineIuding an unpaid thirty (30) minute meal period) for the purpose of administrative travel or to accommodate official training, unless the empIoyee is subject to operational recall. Employees wit adhere to the'tour of duty of the organizational segment to which
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recurring basis, provided that the Agency may rescind such agreement with twenty-eight (28) days" advance notice. Employees may submit advance r.equests to earg credit hours. Employees may accrue and carry over credit hours into any pay period. Section 9. The Agency shah not iequire employees t6 work additional hours or days for credit hours. Section 10. Credit hours must be earned prior to their use. Procedures for approving thp use of earned cqedit hours shall be. the same as those for approving annualleave requests under Article 24 of this Agxeement. When requested in advance, the employee may substitute credit hours for approved amaual leave. Section LI, The exchange of shi_~ assignments for employees working an AWS shall be in accordance with Article 32, Section 5 of this Agreement. Section 12. Participants in any AWS shall be bargaining unit employees who volunteer. All employees who volunteer and subsequently participate willbe expected to participate until their scheduIes are re-negotiated. An employee may be relieved from an AWS for hardship reasons. The reasons shall be set forth in writing to the Agency and the Union at the local level. Removals from AWS for hardship reasons shal! be based on the merits of each case, and if found acceptabIe by the Agency, after direct discussion with the Union, employees shah be accommodated as soon as operational and scheduling reqtfirements permit_ Section 13. Developmentals may participate in an AWS unless the Agency determines that it will adversely impact their training. Section 14. If the Agency determines under the criteria established by 5 USC 6131 that any schedule established under the provisions of this Article has had or would have an adverse Agency impact, it wil! follow the provisions of 5 USC 6131 to seek termination of the scgedule.
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Section 15. The express te~ms of this Article apply separately and distinctly to each of the following bargaining units: air traffic controllers, traffic management coordinators/specialists and NOTAM specialists.

ARTICLE 35 PART-TIME EMPLOYMENT
Section 1. Part time career employment and job sharing opportunities can help employees balance personal needs with their pmfessionalresponsibiIities. It is ~e intent of the Agency to make part-time-career employment opportunities available consistent with the .Agency's resource and operational requirements, for employees who are certifi.ed professional controllers in their curzent facility and for employees in the TMCiTMS and NOTAM bar ".ga~afing units who are fully certified in their area of expertise. Denialsof requests for part-time employment will be discussed with the employees, and they wilI be provided specific written reasons for denials. While the Union zecognizes the statutory rights ofthe Agency with respect to the establishment of permanent part time positions, such positions have not previously existed- Should the Agency make the determination to establish part time positions as a condition of employment, this determination shaI1 form the basis for negotiations under Article 7 of this AgreementSection 2. Except as provided in Section 3 below: a. the tour of duty for a part-time employee will be no l~ss than sixteen (t6) and no more than thirty-two (32) hours per week; the tour of duty for a part-time employee on an AWS may be set on the basis of thirty-two (32) to sixty-four (64) hours per pay period and must include at least one (1) hour in each work-week;
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ARTICLE 37 BACK PAY
Section 1. In accordance with 5 USC Chapter 71, the Parties recognize the power of ala appropriate anthofity to render a remedy in accordance wi~ the provisions of 5 USC 5596.

Section 4. A.tmual leave may be gra~ted to any employee regardIess of whether or not overtime work is being performed at the time by other employees on the shift. Section 5. Overtime pay computations for non-exempt bargaining unit employees must be made soIely in accordance with the Fair Labor Standards Act (FLSA) regulations in 5 CFR Part 551 and this Agreement Employees are not eligible for overtime pay for work in excess of eight hours in an administrative workday, except in cases where they have been called, in before the beg2m~g, or held over beyond the end, of their scheduled shi~. For the purpose of this provisio~ authorized leave, compensatory time used, and c~edit hours used are considered hours of work. Section 6. No~-exempt employees shall receive base pay ptus one-half of their regular rate for all FLSA overtime work. The incrementof paymezt shall be one (1) minute. All time worked, including hottrs and minutes, shall be recorded on a daily basis. Section 7. Except as otherwise provided for below, compensatory time off may not be substituted for overtime pay for regularly scheduled overtime work. At the request of an employee, the Agency may grant compensatory time offfrom a~ employee's tour of duty instead of payment for a~ equal amotmt of irregular or occasiomaI overtime work. At Ne request of an employee, the Agency may grant compensatory time off from an employee's. basic wor~ requirement under a flexible work schedule instead of payment for a~ equal amotmt of overtime work, whether or not irregular or occasional in nature. If an employee has ~my entittement to overtime pay trader FLSA at the end ofawork week, the Agency cannot require the employee to take compensatory time instead of overtime pay. Section 8. Overtime shall not normally be canceled without seven (7) days notice. However, if ma employee cancels or returns f~om mmtmI or sick leave, any overtime scheduled to cover that absence
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ARTICLE 38 OVERTIME
Section 1. The facility manager sha!l mairttain a roster of qualified ba~gaia~g unit employees who have indicated a desire to work overlime, When overtime work is to be performed, it shall ftrst be made available to employees on the roster, on ma equitable basis. In the event no employees on tkis roster can be reached, the Agency may require other malt employees to work the overtime. The roster a~d distribution of overtime provided for in tl~ Article shall be available to facility employees. Employees must provide a telephonenumberwheretheymaybereache& A.ay assignments to employees not listed on the ~oster shall be made on an equitable basis. Section 2. If an employee assigned to work overtime can secure a qualified replacement, he/she sha!l be relieved of the assignment. If the employee cannot secure a qualified replacement; the employee wil! work the overtime. An employee may be relieved of an overtime assignment when, in the judgment of the Agency: a. the heaIth or efficiency of the employee maybe impaired; or b. personal circtmasta~ces makeit imposs~le for the employee to perform the overtime duty. ~Section 3. In the event of holdover overtime, the Agency shall notify the employee as soon as possNle before the end of the employee's regular slti~ 88

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may be canceled, provided that such overtime had been scheduled as a direct result of the returning employee's absence. Section 9. When an employee is called in before or held over past his/her regularly assigned shift, he/she shall be guaranteed two (2) hours of work. Section 10. If an employee is called in or. scheclnled for overtime on his/her regular day off and physically reports to work, he/she shall be guaranteed eight (8) hours of work. Section ~1. The express terms of this Article apply separately and distinctly to each of the following bargaining units: air traffic controllers~ traffic management coordinators/specialists and NOTAM specialists.

separated from employment for reasons other than misconduct, delinquency, or inefficiency and who is not eligible for an immediate annuity shall receive severance pay. Section 2. The amount o£ severance pay shall be one (1) week's salary for each year of the first ten (!0) years of service and two (2) week's salary for each year of service after ten (10) years. Section 3. Upon separation, the Agency shall pay the employee severance pay at bi-weeldy intervals in an amount equal to hisNer basic salary.

ARTICLE 41 RETIRE]VlENT AND BENEFITS ADMINISTRATION
Section 1. The Agency recognikes its obligation to fully inform employees about all benefrts for which they may.be eligible and the costs axtd consequences of benefit plans or options, and to encourage them to avail themselves of such benefits, and to assist them in initiating claims. The Agency agrees to take affumative action to ftdffll this obligation through such means as presenting video tape briefm, gs, supplying brochures, pamphlets, other appropriate infomaation and assisting employees in filing benefit claims. This information/assistance shall be made available on an annual basis to all bargah~g unit employees. Section 2. The Agency shalI establish a personnel action system which requires priority processing of packages related to employee deaths. Such personnel actions shall take priority over al! other personnel actions. Section 3. After an employee's death, and with the beneficiary's consent, the Agency shall promptly dispatch a knowIedgeable representative to the home of. the deceased employee's primary beneficiary. When a p~tsonat briefing is not desired, the beneficiary sha!l be advisdd by other me .ap~, such as telephone,
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ARTICLE 3g NATIONAL PAY PROCEDURES
Section L The Agency shall designate anafionwide payday which should be on the earliest day practicable following the close of the pay period. Suc~ payday shall not be later than the second Tuesday after the close of the pay period. Section 2. Earnings and leave statements shall be received by employees no later than the second Tuesday after the close of the pay period. Section 3. The Agency shall issue W-2 forms and wage and tax statements no later than January 31 of each year.

ARTICLE 40 SEVERANCE PAY
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5 USC Chapter 15 political Activity of Certain State and Local Employees); and 5 USC Chapter 91 (Access to Criminal History Records for National Security Pt~o'ses). Section 3. The FAA's Personnel Management System is covered by the non-personnetmanagement provisions of Title 5 and those portions of Title 5 that specifically apply to the Secretary including: 5 USC Section 3307 (Maximum Entry Age); 5 USC Section 5501 (Disposition of Lapsed Salaries); 5 USC Section 5502 (Unauthorized Office); 5 USC Section 5503 (Recess Appointments); 5 USC Sections 5511-20 (Withholding Pay); 5 USC Sections 5533-37 ~ual Pay); 5 USC Sections 5561-70 ~ayments to Missing Employees); and 5 USC Chapter 79 (Services to Employees). Section 4. The Administrator has chosen to incorporate the following provisions into the FAA's new Personnel Management System: 5 USC Sections 2901-06 (Commissions, Oaths); 5 USC Section 3111 (Acceptance of Votmateer Service); 5 USC Sections 3331-33 (Oath of Office); and 5 USC Sections 5351-5356 (Student-Employees).

Agency rides, regulations, directives, orders, policies and/or practices which con~ct with the Agreement. Section 2. All matters addressed by this Agreement, except as noted in Section 1, shah be governed by any such Agency rules, regulations, directives, orders, policies and/or practices. Section 3. TJze Agency agrees to apply its rules, regulations, directives and orders in a fair and equitable manner. Any changes thereto will be in accordance with Article. 7 of this Agreement. Section 4. Any provision of the United States Code (USC) or Code of Federal Regulations (CFR) which is expressly incorporated by reference in this Agreement is bind~g on the Parties.

ARTICLE 103 PRINTING OF THE AGREEMENT
Section 1. The Agency shall print this Agreement in booklet form and dis.tribute a copy to each employee in the unit. The Agency shall also provide one thousand (1000) copies to the national office of the

ARTICLE 104 REOPENER
SectiOn 1, In the event legislation is enacted which affects any provisions of this Agreement, the Parties shall reopen the affected provision(s) and renegotiate its conte~t~. Section2. Any modification of the provisions or regtdations ofthe Federal Labor Relations A~.hority affecting a provision of this Agreement or the relationship of the Parties may serve as abasis for the reopening of the affected provision(s).
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ARTICLE 102
EFFECT OF AGREEI~/IENT Section 1. Any provision of tl~ Agreement shallbe determined a valid exception to, and shall supersede any existing or future
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MOA Number : 2936-

COVINGTON ,~ I::! URLING
I~OI PENNSYLVANIA AVENUE, N, W P,O. E~OX 756{5 ........
WASHINGTON, D,C. 2004-q.-7566

ANTHONY HERMAN

July 8, 1998

Mr. Mike McNally President National Air Traffic Controllers Association llS0 17th Street, N.W., Suite 701 Washington, D.C. 20036 Dear Mike: This confirms our agreement to delete the phrase "up to a maximum of 24 hours" in Article 34, Section 8 of the Agreement. .We have also agreed that in exchange for removing the 24 hour limitation on the earning of credit hours, controllers will in no circumstances be able to convert unused credit hours into pay. Finally, this confirms our mutual understanding that because of the need for computer programming changes, removal of the 24 hour limit on credit hours will not be able to be implemented upon the signing of the new Agreement. The agreement to remove the 24 hour cap on earning credit'hours will go into effect at the same time the new pay system is implemented. Sincerely yours,

Anthony Herman Attorney for the Federal Aviation Administration AGREED:

Mike McNally, Presi~ National Air Traf~ Association cc:

rollers

Raymond B. Thoman, Esq.