NWP Reps/Members,
This has been a very busy couple of weeks. On Wednesday October 15th, SCT Facility Rep Mel Davis, SCT VP Ron Geyer, Pat Forrey and I met with the FAA at FAA Headquarters in Washington, D.C. to discuss the state of affairs at SCT. We discussed the realignment at SCT (six to five areas of operation) and the negative effects that it was having on the entire operation and the NAS.
Operational errors have increased 100 % over the last twelve (12) month period, there have been at least eight (8) instances in which controllers have been directed to work positions on which they were not certified and/or current, overtime is well above the national average, close to 80 % of the CPC workforce has to go through some cross training as a result of the realignment, etc…..
As for the state of the PSP consolidation to SCT, it’s been over 15 months since the two PSP sectors were consolidated at SCT, and ONLY 44 % of the Empire area controllers have been certified on the two sectors. Over one third of the workforce in the Empire Area has yet to complete the classroom/ETG training for the PSP sectors.
The meeting that took place on October 15, 2008, was the third high level meeting that we have had with FAA officials regarding SCT. The first meeting was on May 28, 2008. The second meeting was on September 2, 2008.
At the September 2, 2008 meeting, I asked the SCT ATM why she went from six areas of operation to five. The answer was, “Staffing”. The next answer given to her by the Service Area director was, “Balancing the workload”.
Please keep in mind that SCT was initially comprised of five (5) areas of operation (Los Angeles, Coast, Burbank, Empire, and San Diego). Management at SCT then decided to get some airspace from Los Angeles Center and create two new sectors at SCT. This was all done under the auspices of providing a better service to the users through the ‘terminalization’ of airspace. There is no doubt that using terminal separation in those two sectors meant saving the users time and money. As a result of the two new sectors, SCT decided to “Balance” the workload and create a new area of operation called, “The Departure” area.
While the creation of the new area did balance some of the workload at SCT, it did absolutely nothing to address the number of sectors/workload in the San Diego area.
Fast forward to 2006 and the introduction of the imposed conditions of employment (The White Book), SCT Management foresees a wave of retirements and the lack of a pipeline of controllers from other facilities and introduces a plan to go back to five areas simply to address a staffing crisis.
As for the FAA claim of balancing the workload, well, they increased the number of sectors in the LA area, they increased the number of sectors in the Coast and Burbank areas, and they increased the number of sectors in the Empire area through the PSP Consolidation. Instead of referring to it as balancing the workload, they should refer to it as an increase in workload. Meanwhile, Management continues to ignore the San Diego area and has done absolutely nothing to address their workload.
Since 2006, a record number of CPCs have retired from SCT and a record number of brand new hires have been sent to SCT. As most of you know, facilities such as SCT were never designed to be a proving ground for new hires with zero experience. Meanwhile, according to the FAA, there will be another 22 academy graduates headed to SCT in 2008 and another 53 in 2009.
According to FAA statistics provided to us at our last meeting, SCT currently has 56 controllers eligible to retire. By 2012, these numbers will more than double to a whopping 125 controllers eligible to retire at a moment’s notice.
Rather than consolidating areas and causing 80% of the workforce to have to undergo cross training on new sectors, the FAA’s primary goal should be to focus all of their time and energy on training the next generation of controllers to replace the record number of experienced veterans who will be eligible to retire in just a few years.
As Air Traffic Controllers, we make tough decisions every day. We always have a backup plan “B” or a plan “C”. When plan “A” doesn’t work, we revert to plan “B” or “C” or even “D”. We all know what happens when we try to force a plan “A”……
Unfortunately, it appears that SCT management has only one plan and they are going to force this plan to work to the detriment of the workforce and the National Airspace system.
I will continue to work with Mel Davis, Ron Geyer and the SCT E-board to address this issue. I truly appreciate all of their efforts in ensuring that the American flying public is given the safest and most expeditious service from the countries busiest terminal radar approach control (Tracon).
Ham
NWP RVP
· I worked with Pat Forrey to address the watch schedule inconsistencies throughout the Western Pacific Region and the country. Apparently, the FAA did NOT do a very good job of communicating with its managers that they should NOT require bargaining unit employees to work (bid the basic watch schedule (BWS) and annual leave) during off duty hours.
· Once the communication from Washington finally made its way to Western Terminal, it appeared that quite a few facilities were requiring BUEs to bid for leave/BWS during off duty hours. Meanwhile, Enroute decided that the guidance came from Terminal and ignored it all together! It sure would be nice that if the ATO Chief Operations Officer states that bargaining unit employees are NOT to bid during off duty hours that the entire ATO and not just terminal would listen to him.
· I was advised by a friend at ZLA that there appears to be some problems with the ZLA ATC-12 backpay and TSP contributions. Luckily for us, we have a very talented and dedicated NATCA member at ZLA, Bob Carr, who is looking into this issue for me.
· While in Washington last week, I also discussed the delay in the ZLA ATC-12 backpay and the ATOP settlement for a ZOA controller with Senior VP of Operations Rick Day. (Note- I signed the ATOP settlement along with Phil Barbarello on June 4, 2007!!!!)
· Mike Hull, NWP LR rep Chad Geyer and I work with SNA Facility Rep Chris Schaefer regarding a requirement for one of the SNA controllers to provide a doctor’s note even though he is not on a sick leave abuse letter.
· Mike Hull worked with NCT Facility Rep Steve Hefley and SCT Facility Rep Mel Davis regarding their Basic Watch schedule.
· Since we are in the midst of a very heated political season, please keep in mind that the only penalty an agency can give for a Hatch Act violation is termination. There is no other penalty that can be given for this violation. Once that happens, the employee may ONLY appeal it to the MSPB. If the MSPB upholds the termination, there are no more appeals. If the MSPB does not uphold the termination, they MUST give a 30 day suspension, which also may not be appealed.
· I worked with Mike Hull, Kevin Sills and L30 Facility Rep Bryan Baker regarding a security investigation at L30. Bryan did an outstanding job representing his members at L30.
· NWP Safety Lead Eric Carter, Mike Hull and I worked with NCT Facility Rep Steve Hefley regarding a situation where a pilot of a B737 would not accept control instructions on final. This resulted in a loss of separation and an operational error. When the pilot was contacted by management, he stated that he was trying to keep the plane straight and level since the passengers were still eating!!!
· LAX Facility Rep Mike Foote advised us that LAX Management refused to accept his UCR (Unsatisfactory Condition Report). They advised him that the new FAA order 1800.6B that deals with UCR's requires the use of a new form. We have elevated this issue to our Director of Safety and Technology at the NATCA National Office. Meanwhile, NATCA national has filed a request under Article 7 for a full briefing and for the agency to cease and desist from any further implementation of this order until all obligations under Article 7 have been fulfilled. Since the agency has decided to not respond to that Article 7 request, we have filed a national grievance over this issue.
· The Senate passed legislation approving locality pay for Alaska and Hawaii. Currently, the Office of Personnel Management (OPM) does cost-of-living surveys every three years to determine the difference in costs among Washington, Alaska, the Pacific region and the Caribbean. Federal employees working in those localities receive Cost of Living Adjustments (COLAs) ranging from 13 percent to 25 percent. Those payments are not taxed as part of employee income, but they also do not count toward federal retirement benefits or as part of basic pay eligible for Thrift Savings Plan matching funds. The legislation will move employees in Alaska, Hawaii and the territories into the "rest of the U.S." category of locality pay over a three-year period.
· For anyone who will be attending Basic Rep Training, the national website now has the new training syllabus on the NATCA members only section under the “NATCA Academy”; http://www.natca.org/NATCAAcademy/default.aspx
· On the website, you can also find the Training schedule for 2009 as well as the location for each class. Please review the syllabus prior to attending rep training and please take your laptops to the class as we are moving forward in the world of paperless training.
· ALB Facility Rep Tony Yushinsky, rolls out the Web-Based training Beta Test for our volunteers. Once the volunteers finish the course, we will look at all the recommendations and make the necessary adjustments before we implement web-based training for NATCA. Once web-based training is implemented, it will become a pre-requisite for the Basic Facility Rep class. If you have any questions regarding web-based training, please contact Bob Taylor (btaylor@natcadc.org), Tony Yushinsky (tony@natca.net), Mike Hull (mhull@natca.net) or I.
· JRF Facility Rep Jason Van Loan has stepped down as the rep at our DOD Facility in Hawaii. I would like to welcome Shari Sugai as the new Facility Rep at JRF.
· NWP Safety Lead Eric Carter and NWP Runway Safety Lead Elliot Brann work with PHX Facility Rep Steve Palmer regarding confusing “ASH” call signs at PHX and similar call signs problems across the region.
· I worked with ZOA Facility Rep Scott Conde and the Southern Region to accommodate a training failure out of ZOA. Scott and I also discussed the new seniority policy; watch schedule bidding, and an upcoming security investigation.
· One of our reps had a question regarding the timeline for a new developmental to join NATCA. The NATCA national constitution states:
“No initiation fee shall be assessed for individuals who become members within three months of being eligible for the first time for membership.
In addition, individuals who were members when they left the bargaining unit shall not be assessed an initiation fee if they become members within sixty days from the date that they return to the bargaining unit.”
· Mike Hull and I try to track down the status of the grievance for a member at CMA who was previously in the Northwest Mountain region. Our rep asked us a question regarding the status of a grievance if the grievant decides to retire? The short answer is that retirement doesn’t affect the status of your grievance. If the member was harmed while he/she was a BUE, then we will pursue that grievance like we would any other grievance for those that are still in the Bargaining Unit. As a matter of fact, we just took a 30 day suspension to arbitration for someone who is retired.
· Mike Hull and I had a TELCON with Western Terminal in which we discussed
o the SCT Watch Schedule,
o the SCT re-alignment,
o HCF transfer to SCT and PCS issues related to that move,
o security and medical checks for new developmentals, etc.
· Facility Reps, it is extremely important that you ensure that your new developmentals who were veterans sign up for GI Bill benefits through the VA. We have an entire section on our website dedicated to information about GI Bill benefits, http://nwp.natca.net/forms.htm
· Meanwhile, ZOA Facility Rep/NWP LR Rep Scott Conde advised us about some good news on GI Bill benefits eligibility, here is what Scott had to say:
“After several discussions with the VA it has been determined that there are several instances where people who transfer between options (Terminal to Enroute or Enroute to Terminal) who had been previously certified as a CPC at their original facility will now be able to secure benefits in their new option. The determination for eligibility will be made by the VA and in NO instance should the FAA certifying Officials be making this determination and failing to submit an employee's paperwork. I have spoken with Austin Lewis for the FAA and he has promised to get that word out to the Regional Certifying Officials and from them to the facilities. In the interim, we need to spread the word and get any problems from the facilities, to the Regional Certifying Officials through the appropriate RVP.”
· Mike Hull represented our former BUR Facility Rep who was presented with a 10-Day suspension for texting the AF manager about the Tower blinds being taken down and cleaned around 7:30 AM (that Sun sure is bright at that time). Our former rep was providing OJT at the time on Clearance Delivery. He texted the AF Manager since he was concerned that this issue was causing an unsafe situation due to the glare on the equipment.
· While I got some currency at ZLA, Mike Hull fielded some calls from our Facility Reps, here is a brief synopsis of what he did:
o worked with SCT Facility Rep Mel Davis in preparation for a meeting with management on Thursday October 23, 2008 regarding the SCT re-alignment.
o worked with STS Facility Rep Jana Pitre about a “religious issue” and providing accommodations to this member in accordance with Article 26 of the CBA.
o worked with a NCT member about a Weingarten meeting as it related to a hostile work environment issue. He also gave the member some guidance on whether to attend a scheduled physical while out on COP (Continuation of Pay).
o worked with LAX Facility Rep Mike Foote about a potential EEO at LAX.
o worked with U90 VP Mike Ragucci regarding TDY travel on the same day as an 8 hour class OJTI class.
· Kevin Sherwood and Mickela have updated the NWP Website in preparation for our five region membership meeting in March 2009. The information can be found by going to http://nwp.natca.net under the “Membership Meeting” tab.
THIS ROOM BLOCK CODE IS ONLY FOR WESTERN PACIFIC AND CENTRAL REGIONS' ROOM RESERVATIONS. IF YOU ARE A MEMBER OF THE NORTHWEST MOUNTAIN, GREAT LAKES, OR NEW ENGLAND REGIONS, YOU MUST RESERVE YOUR ROOM THROUGH YOUR REGIONAL ADMIN.
· Kevin Sills has a terrific win in an arbitration out of NCT. The arbitrator reduced a 14 day suspension to a 1 day suspension. Here is a brief summary of the arbitration in question:
The initial 14-day suspension was based upon seven charges with numerous specifications. The reasons for the suspension included: failure to timely complete requirements for medical certification; forging, falsifying, misstating or misrepresenting information on government records; inappropriate statements to or about others; failure to follow instructions; misuse of sick leave; unauthorized absence; and failure to follow leave procedures. Of the seven charges, the arbitrator refused to sustain four. In each instance, the arbitrator determined the FAA’s charges were based upon hearsay and were without substance. In addition, the arbitrator agreed with the Union and determined that the deciding official deliberately chose to disregard pertinent facts.
When considering the four charges that she refused to uphold, the arbitrator cited to a lack of supporting evidence on the part of the Agency. Those charges—misuse of sick leave, failure to follow instructions, inappropriate statements to or about others, and forging, falsifying, misstating or misrepresenting information on government records—were without credibility. In addition, when it came to the charges related to the allegedly inappropriate statements to or about others (which was also featured in the failure to follow instructions charge), the arbitrator determined that the Agency had failed to prove the statements, which were made in a posting in a non-work area, did not rise to the level of being inappropriate and were not disruptive, or likely to be disruptive, of the orderly conduct of official business. The Agency’s argument that the efficiency of the service was affected strained credulity.
The arbitrator also viewed two of the three remaining charges to be redundant; specifically, the charges of failure to follow leave procedures and unauthorized absence were based upon identical circumstances. The arbitrator correctly assessed that the two charges amounted to different way of describing the same offense. In fact, the Agency’s table of penalties treated them as the same offense. Finally, the arbitrator took a negative view of the Agency’s effort to treat a five-day absence as five separate instances. The charges, as written, were a clear effort to pile on offenses in the hope of taking the harshest of actions against the employee.
The arbitrator awarded back pay, allowances, differentials, and any other benefits that would have been earned had the employee been suspended for one day instead of 14 days. Further, the references to the suspension in any personnel file was ordered altered to reflect the fact that four charges were not upheld and two charges should be treated as one.
· The FAA is in the process of modifying agency policy to reflect one of the latest amendments to FMLA which provides for military family leave entitlements for an employee who "(1) is the spouse, son, daughter, parent, or next of kin of a covered service member who incurred a serious illness or injury (e.g., in the line of duty while on active duty in the Armed Forces), and (2) provides care for the service member." This provision provides an employee up to 26 weeks of leave without pay (LWOP) under FMLA (as amended) during a single 12-month period to care for the service member. The use of military family leave does not limit the use of the regular leave entitlements under FMLA during a 12-month period; however, there is a combined 26-week cap of regular FMLA leave and military family leave.
· I worked with Dave Caldwell and Mickela regarding the March 2009 membership meeting agenda. Dave and I also discussed the HNL 2010 Convention website.
· On October 20, 2008, Mike Hull and I met with Las Vegas Hub manager Del Meadows and discussed the state of affairs of some facilities within the Las Vegas Hub.
· Following our meeting, we picked up NWP Finance Lead Eric Hughes at the Las Vegas airport and drove up to VGT to take care of some financial issues at the local. We met with VGT Treasurer Rachel King and got all of their financial paperwork squared away. Eric prepared the DOL LM-4 form and IRS Affidavit for Rachel and VGT Facility Rep Mark Knabel.
· We returned at 8pm that evening for a VGT membership meeting at the Tower. We had a terrific turnout from the VGT membership. Elliot, Jeff, Mark, Jim, Scott, Jason, Kelli, Rachel and Andi were in attendance along with VGT Facility Rep Mark Knabel. NWP LR Rep for VGT, Troy Verville, also joined us. We discussed the financial situation at VGT and answered any and all questions while the members enjoyed some BBQ provided by the NWP. I wanted to thank Mark and Rachel for all of their efforts while we worked to resolve the financial issues at VGT. I would also like to thank all of the members that hung around well past the end of their shifts or on their days off to meet with us.
· I will be on leave beginning Saturday October 25, 2008 until Sunday November 2, 2008. In my absence, Mike Hull will be the acting Regional Vice President. Mike Hull will have a day shift on Saturday/Sunday, RDO’s on Monday/Tuesday and then official time Wednesday-Sunday.
· Once again, I am asking each and every one of you to PLEASE take a minute (it actually takes less than a minute) and click on this link and donate $50, $60, or even a $100 to help our brother Bob Marks out. (You can NOT donate any funds from your local treasury)
· In closing, please remember to vote and help shape our future. If you can, avoid the long lines and vote EARLY!
