NWP Reps/Members,
Well, I am back from a week’s worth of vacation and feel completely re-charged. I would like to thank all of you who directed your questions to acting RVP Mike Hull in my absence. This gave me a great opportunity to renew my focus and re-energize myself. These are trying times for all of us and every once in a while, we must take a step back and renew our focus, our priorities and re-energize ourselves. I am extremely grateful to Mike Hull for doing an outstanding job as the acting RVP in my absence. I still managed to sneak in some email messages to Mike and some other reps during my vacation.
I am completely caught up on all the issues as Mike did a terrific job briefing me on the issues that he dealt with during my absence.
Election Day is finally here! Thank you to all of you who exercised your most important civic duty as a citizen of this great country and have decided to vote in this momentous election. I look forward to some very exciting and energizing news on the election this evening.
I asked Mike to prepare a summary of the issues that he dealt with during my absence so that we can share it with, YOU, the membership. Below is the Weekly update brought to you courtesy of NWP LR Lead Mike Hull………
Fraternally,
Ham
NWP RVP
· I worked with a FACREP who represented an employee that is required to notify management of an issue in accordance with Human Resources Policy Manual (HRPM) ER 4.1, Standards of Conduct.
· I followed up a previous conversation with an employee regarding PCS funds on a transfer from the Hawaiian Islands to the mainland.
· I worked with a member that was getting the run-around from management on an annual leave request.
· I received a call from a FACREP who was inquiring about the reporting to management of taking medications. They asked me if it was ALL meds, including over-the-counter (OTC). The answer to this question is an emphatic YES if the employee performs safety-sensitive duties. This requirement can be found in the new ER 4.1, Standards of Conduct, paragraph 15c.
· I worked with Joel Ortiz, FACREP (E10), on an issue regarding their annual leave bidding process and seniority.
· Worked with Mel Davis, Ron Geyer, and Doug Voelpel (SCT) on an overtime and grievance issue.
· I discussed an issue with a member regarding that member receiving two (2) “firm offers” from the FAA for a transfer. The first “firm offer” was signed by the agency in May, 2006 and accepted by the member. The second “firm offer” was signed by the agency in October, 2008.
· I discussed a drug testing issue at ZLA with Garth Koleszar, FACREP, LR Team Advocate, and new Arbitration Advocate. Congratulations Garth!
· I participated in the NEB TELCON which was held on Monday 10/27/08.
· I discussed an alleged OD with ZOA FACREP and LR Team Advocate, Scott Conde.
· I discussed an “hours of work” issue with LAS FACREP and LR Team Advocate, Troy Verville. This issue has to do with time not worked on the boards as it relates to FAA Order 7210.3, paragraph 2-6-7.
· I worked with Kevin Sills, NATCA National LR Staff Representative on the scheduling of some arbitrations as well as a grievance out of U90, Tucson TRACON.
· I provided some information to GCN FACREP, Jeff Stewart, regarding a huge issue that they are having with their housing. This housing is owned by the Federal Government and it is in very deplorable condition.
· I provided some information to a FACREP regarding the rights of probationary employees. You can read about these rights by going to the following link on the NWP website, http://nwp.natca.net/LR_Chronicles_Search.htm
· I worked with Mel Davis and Ron Geyer (SCT) regarding a several changes of working conditions of which they were not notified by management and that have HUGE impacts to members at NATCA local SCT.
· I also worked with Mel and Ron regarding an Article 46 issue which management claims is necessary for the operation of the facility. I will withhold the whole host of issues that NATCA has with this issue. Stay tuned…
· I discussed a situation with Ron Geyer (SCT VP) regarding a violation of law and one on which he would like to file a ULP.
· Mel Davis, FACREP SCT, notified the Region and NATCA national regarding major problems that occurred with the RWY 24R ILS at Los Angeles and its stability (or lack thereof). It took the agency four (4) full days to correct the problem, with fog compounding the problem for two of the four days. Mel also conducted an interview with the LA Times.
· I discussed an issue with Kevin Sills and Marc Shapiro (NATCA Director of Labor Relations) regarding the Merit Systems Protection Board (MSPB) and their policies and procedures.
· I had a TELCON with Kevin Sills and a FACREP regarding an employee that was placed on an Opportunity to Demonstrate Performance (ODP) and also received a proposed 5 day suspension for the very same alleged infraction. The agency never ceases to amaze me!!
· I discussed an issue with FACREP Bob Guerra (PAO) regarding the agency no longer publishing their Order 7230.8 (Location Identifiers) in paper format. They will now only publish it in electronic format. NATCA National has requested a briefing in accordance with Article 7 on this change of working conditions.
· I worked with Steve Palmer (PHX) on a few problems with their webschedule.
· I worked with a former member that resigned in 2005 and is now attempting to be rehired with the FAA.
· Kevin Sills and I convened a telcon with a FACREP regarding the possible settlement of a 5 day suspension.
· Troy Verville, NWP Constitution Lead sent out a draft copy of the 2008 National Constitution to the NWP FACREPs for comment. If you get the opportunity, please go over that draft document and respond to Troy personally. The Constitution Committee is attempting to ensure that the document is free of errors of what was voted on and passed at the MIA Convention. The Deadline to respond to Troy is November 6. Thank you Troy.
· I sent to the listserves, a decision that we received from the Judge that is hearing our lawsuit against the agency on the imposed conditions of employment (ICE). Needless to say, NATCA is very disappointed in this decision and we will appeal to the next level.
· I provided some guidance to Debbie Young, FACREP of APC regarding the actual purpose official time in accordance with Article 2, Section 17 of the CBA.
· Mel Davis and I discussed some options regarding a few possible training failures at SCT.
· Victor Santore (NSO RVP) and I worked on a PCS/Transfer issue regarding a “firm offer” from the FAA to an employee that is about to transfer.
· In response to a question posed by one of our FACREPs regarding the agency’s “Child Care Subsidy”, I sent out guidance from the NATCA National Office. That guidance is that the NATCA National Office is opposed to any bargaining unit employee applying for the Child Care Subsidy due to the fact that the agency did not play by the rules of law and CBA.
· I worked with Dave Caldwell and Rich Burton (NWP LR Team Advocates), along with Bob Guerra (PAO FACREP) regarding a Weingarten meeting.
· I worked with Mike Schrock, FACREP U90, on a grievance issue. We will hopefully have a TELCON next week with the NATCA National Office regarding this grievance and its priority in scheduling it for arbitration.
· I provided comments to the NATCA National Office as well as the NEB regarding a proposed change the agency is contemplating to their Order 7210.3, paragraphs 2-6-6 and 2-6-7 (hours of work and sleeping on duty). It appears that the FAA finally wants to consider the “controller fatigue” issue that came from an NTSB recommendation. However, it appears to me that they are not considering it correctly.
· I worked with Dave Caldwell, NATCA 2010 Honolulu Convention team member on a few issues regarding that convention.
· It was brought to my attention by a few FACREPs that the Western Terminal Service Area (WTSA) was attempting to institute a new “Phraseology Improvement Program” (PIP). I coordinated with the service area and they stated that the briefing and/or implementation of this “new” PIP is in error. NATCA at the regional level has been notified by the service area that they will continue to only enforce their existing PIP that is dated 2/1/08.
· I worked with Victor Morales (TOA VP) regarding an employee being required to bid the basic watch schedule or annual leave when the employee is not in a duty status. As a reminder to all, per the FAA at the national level, no employee shall be required to bid on their own time, however, they may do so if they choose.
· I sent out LR Chronicles number 24 dealing with Harsh/Robust Language or Actions when dealing with management. You can read this chronicle and others by going to the following link on the NWP Website, http://nwp.natca.net/LR_Chronicles_Search.htm
· In yet, another misapplication of Federal law and CBA by the FAA, I provided Fran Silva (FACREP, SAN) with some guidance regarding the official time for negotiations and the “equal numbers” provision contained within the law and CBA. This issue has to do with conducting negotiations and/or meetings called by management under Article 2, Section 5 of the CBA. It just so happens that this very same provision appears in the agency’s white book.
· I worked with Ron Geyer again on yet additional changes of working conditions that SCT management just does not seem to get the requirement for notification.
· I received information from Paul Rinaldi regarding management alleging “again” that they continue to offer NATCA “new offers” in order to settle their own imposed conditions of employment. Yes, these are the same conditions of employment where they state that it is the current “CBA”! It appears that Rick Day was at a few facilities claiming that management continues to make offers to NATCA on this issue. According to Paul, any allegation that management makes offers to NATCA on the alleged “settlement” to their imposed conditions, is not valid!!!
· I worked with Garth Koleszar (FACREP ZLA) again on a drug testing issue and a possible training failure.
· I worked with Bryan Baker (FACREP, L30) and Kevin Sills regarding a response to a 5 day suspension.
· Garth Koleszar and I discussed a possible settlement regarding a proposed 10 day suspension.
· I notified the western terminal service area about an OWCP issue where the communication from local management at SCT has been and continues to be atrocious.
· I received word from Steve Hefley (FACREP, NCT) regarding an audit that was performed at his facility by AOV (Safety Oversight). It appears that AOV found six (6) OEs that had not been previously discovered. The AOV utilized a program called TARP (not negotiated with NATCA) in order to find these alleged OEs. It appears that TARP can measure down to 1/10th of a mile. It also appears that there may be new or revised wake turbulence criteria that came out of this audit. Of course, the AOV and/or Air Traffic has not notified NATCA of this alleged new criteria. I am currently coordinating with the western service areas and the NATCA national office to find out more information. I do not expect AOV to stop their “audits” and therefore, you may see AOV in your facility shortly.
· I coordinated with Jamie Nuss (FACREP, LVK) regarding some lingering issues as a result of the closure of Pago Pago (PPG) that occurred three (3) years ago.
· I was contacted by Steve Palmer (FACREP, PHX) regarding a 5 day suspension and a request for extension for which to reply. It appears his ATM is not “in the loop” regarding requests for extensions. If his ATM wants to play the game that way…NATCA will also!!
· I worked with Mel Davis, Ron Geyer, Jeff Young (newly elected SAN area rep) and Bob Guerra, NWP hardship lead on a possible hardship out of SCT.
· After receiving a BBS post and a few phone calls regarding an “alleged agreement” at the national level about bidding annual leave and the agency’s interpretation to their own imposed conditions of employment, I sent the following message to the NWP representative listserves:
Hello NWP Reps,
I received a few phone calls today regarding an alleged “agreement” at the national level on the bidding of the BWS and leave. I have obtained information from our National President regarding this issue. I will suffice this to say that if your ATM is asking you to re-evaluate and/or re-negotiate your local MOUs on the BWS and/or Annual, then they are taking this way too far.
The information that I received from Pat Forrey is this:
· It was only an agreement in principal dealing with facilities that are or were not able to finish the bidding by December 31, 2008 (per their imposed conditions of employment). The agreement in principal extended that bidding period to January 31, 2009 if necessary so that the agency did NOT convert “vacation leave” to spot leave, immediately on January 1, 2009. It has been the agency’s position that at the stroke of midnight on January 1, 2009, all remaining “vacation leave” slots would be converted to spot leave and the bidding would be over.
· Pat argued with the agency that their position is not appropriate and the agency is looking at extending the bidding of leave through the January 31, 2009 time frame.
· The ONLY facility that appeared to have an issue with this was Denver Center (ZDV), but it would apply to all facilities that were not able to finish all bidding by December 31, 2008.
· The impetus of this discussion had to do with the agency guidance regarding bidding shall be done on duty time unless the employee chose otherwise.
· Pat states that the agency should NOT be briefing any facility until he has had a chance to review the document and ensure that it accurately reflects what was discussed/agreed.
· If a facility is able to complete their bidding by December 31, 2008, this “agreement” should have no impact on that facility.
If there are any questions regarding this very important issue, please feel free to contact me privately via phone or email.
Mike Hull
NWP LR Lead
· Please let me know if there are any questions regarding this issue.
· I received a call from a dear friend of mine and a rep at one of our facility’s in the region, regarding an annual leave bidding issue that has to do with developmentals bidding in concert with CPCs. I gave him guidance and hopefully management will understand this huge issue.
· I also received a call from a friend of mine from another region regarding a reporting issue from the agency’s ER 4.1, Standards of conduct. I gave my friend some advice. Just to clarify this reporting requirement; ALL employees that are in safety-security sensitive positions within the FAA and/or require a medical clearance to perform their respective job functions, MUST report to management and/or the Regional Flight Surgeon (RFS), the requirements of this FAA regulation. I HIGHLY suggest that all FAA employees read this regulation so that we are all aware of the requirements. Pay particular attention to paragraph 2 (i).
· I had been receiving a few calls and emails from some reps around the region on what constitutes a “week” of leave bidding. The FAA has interpreted their own white book regarding this issue. Their interpretation states that if you bid days that surround your RDOs, then that constitutes a full week of bidding in the “1 or 2 consecutive or non-consecutive weeks of leave.” For example, and employee has Mon/Tues off; if this employee decides to bid, as part of their “vacation leave” the Sat and Sun prior to Monday and the Wed, Thurs and Friday after the Tuesday, then that constitutes 2 full weeks of “vacation” annual leave bidding. Even though it is only 5 days of leave, the agency considers this 2 full weeks.
