Comp Time MOA for FLSA Nonexempt BUEs

PASS is excited to share with all our bargaining unit employees a major success regarding the earning of compensatory, or comp, time.

PASS recently concluded negotiations over a Memorandum of Agreement that entitles Fair Labor Standards Act (FLSA) nonexempt bargaining unit employees to earn comp time in lieu of overtime pay when working overtime hours. These negotiations occurred as a result of the limited reopener in both collective bargaining agreements and, as such, covers represented employees in the Air Traffic Organization (ATO) and Aviation Safety (AVS).

The Memorandum of Agreement provides that comp time will be administered in accordance with "applicable laws, rules, regulations, and the Parties' CBAs." Therefore, an FLSA nonexempt employee on any schedule has the option to elect comp time off instead of overtime pay for irregular or occasional overtime. An exception to this is that an employee on a Flexible Work Schedule has the option to elect comp time in lieu of payment for regularly scheduled overtime.

It is important to recognize that if an employee is FLSA nonexempt, it is solely their decision to elect comp time instead of overtime pay. An agency is legally prohibited from requiring an employee to work for comp time. Management cannot directly or indirectly intimidate, threaten or coerce an employee into selecting comp time.

While the signature date of this Memorandum of Agreement is May 24, the actual implementation is delayed until August 7, 2016. This delay is the result of the need to change certain aspects of the pay program, as administered by the Department of Interior (DOI), to allow for the recording of comp time. Alterations to the pay system are only allowable approximately three times a year according to DOI, and August is the next available period of time for alterations to occur. Initially, it was determined that December would be the earliest date this could go into effect; however, PASS's persistence and a diligent effort by the FAA were rewarded with DOI agreeing to move the date up. As such, the programming changes to both CASTLE and FPPS are scheduled for August 7 and comp time will be entered into the system effective August 11.

This is a true success for PASS and all the employees we represent! If you have a question, please contact your PASS representative.

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