10/30/17: "Return Trips Home"—Articles 97 and 100
9/22/17: Ratification Passes Overwhelmingly
8/16/17: Message from National President Perrone
Articles amended by the Agreement:
Article 31 Watch Schedules and Shift Assignments
Article 33 Working Hours for Flight Program Operations
Article 97 Travel and Per Diem
Human Resource Operating Instructions: In-Position Increase
HRPM: In-Position Increases in the Core Compensation Plan
MOUs/MOAs Retained in the Tentative Agreement
{slider What effect would this contract have on privatization?}
PASS does not believe the terms of the tentative agreement, if ratified, will affect the privatization debate.
Do in position increases apply to all pay bands? F,G,H,I?
Yes
{slider Does the contract raise the band level?}
The current contract moved away from the use of market surveys and instead has a provision that states that the bands must move at least as much as the percentage of the presidential increase. (Administrator Huerta moved some of the bands in 2017, with assent by PASS, by a greater percentage.) That provision was not changed in the tentative agreement.
No. The 4.75% increase was a feature of the previous agreement and constituted a settlement over then-Administrator Blakey's failure to move the pay bands in accordance with market surveys. In the current contract, the parties move away from market surveys and now the bands move with the amount of the presidential increase. The intent of the language was to provide employees another angle by which to make their case for an in-position increase. The language was not intended to favor or disfavor any particular employees. The language was proposed by PASS. {slider Can an employee get an in-position increase if above the band?} Nothing in the contract language prevents the Agency from giving an in-position increase to employees above the band. {slider What clarification can you give for the in position increases and why only 5%? What amount of employees does 5% come out to?} The new Agency HRPM created a ceiling of 5% of employees receiving an increase. Our data showed that about 1 percent of the PASS bargaining unit received in-position increases each year. The agreement was to make 5% the floor, instead of the ceiling, for the bargaining unit. Under current staffing levels, that equates to around 350 in-position increases a year. {slider Is the pay cap still in effect?} Yes {slider Are the dates for the June increase & Presidential increase still part of the new contract?} The dates in Section 5 c & d of the current agreement have been amended in the tentative agreement to "In 2018 and subsequent years for the duration of this Agreement." This will prevent the problem of running up against dates when in the middle bargaining for future agreements. There is a reason for this answer. At the table, the question was posed to the Agency's chief negotiator whether everyone is eligible. The chief negotiator answered that everyone was eligible. However, PASS recognizes that the Agency retains discretion over who receives the increases. The new HRPM only prevents employees from receiving more than one in-position Increase in a given year. There is no rule regarding the mid-point in the new policy. Nor is there any contract language preventing employees above the mid-point from receiving an in-position increase. {slider Will the 30-day travel rule be in Article 97 and Article 100?} Yes, if the tentative agreement is ratified. If ratification fails, the parties will first go back to the bargaining table. If PASS and the Agency cannot reach agreement, the process then goes to a mediator from the Federal Mediation and Conciliation Service (FMCS). If the parties are unable to reach agreement using the mediator, the parties can then ask the Federal Service Impasses Panel (FSIP) to assert jurisdiction. The FSIP then orders a panel of arbitrators from the FMCS. Each side gets to select an arbitrator from the list. The two selected arbitrators then select a third arbitrator. The parties would then have a hearing and present their proposals to the 3-member arbitration board. The Board would have the authority to adopt proposals and resolve the impasse. The parts of the contract that are adopted by the board would not be subject to ratification. If the parties DO go to impasse, it is not clear when the parties will get a new CBA. There could be a dispute over whether PASS employees get the January presidential increase if the impasse proceedings go into the new year. {slider If we do not have a new agreement by the expiration date of the current agreement , how does NOT having a new agreement impact ARTICLE 116, Section 3? What specifics will be in place since the last sentence of this Article states this Agreement shall remain in full force and effect until a new agreement is reached?} The parties' bargaining took place pursuant to Article 116, Section 3, albeit earlier than set forth. This language simply means the provisions that apply remain in place. There are generally caps on pay ranges. In the current CBA, the parties agreed to enforce the cap for employees above the band maximum starting in 2017. Article 116 (Duration) means that the contract remains in effect. That, in and of itself, doesn't mean any provisions that expired remain in effect. The agency has taken the position that the contract increases end in 2017. This means there would likely be a dispute over whether the agency is obligated to provide the January 2018 increase if the new CBA is not yet in effect. The current fatigue MOA remains in effect with an agreement to begin bargaining on a new MOA. {slider What will the In-Position Increase work group do?} The purpose of the workgroup is to develop documents and materials that will clarify how the In-Position increase process works. The workgroup is also tasked with determining how best to publicize the process. We will work with contract representatives to assist employees in how to apply for a In-position Increases. No, the HRPM does not need to be changed. Where there is a conflict between the HRPM and the contract, the contract must followed. Where the contract is silent, the policy applies. {slider I understand that the H band employees who are outside the pay band may never find themselves in the pay band without bidding into an I band position. I am at the top edge of my pay band. Will the pay bands be raised with the annual pay raise we normally receive in January?} Yes, under Article 124 Section 6 (which will be renumbered Section 5), PASS negotiated to ensure that pay bands move at the same amount as the January presidential increase. Therefore, anyone at the band maximum will receive the presidential increase. Eventually, the band would catch up with an employee over the band depending on how far they are over the band and how large the January increases are. If you provide PASS your address and dates you will be in Oklahoma City, a ballot can be sent to that address. Please be sure to contact PASS as soon as possible at nationaloffice@passmember.net. PASS proposed numerous ways that would help employees move quicker through the pay band. The Agency was not open to any proposals that PASS made. Any proposal made by the Agency to help employees in the lower part of the band would have been at the expense of employees higher up in the band. PASS could not accept that. It should be noted that In-Position Increases assist in moving employees, who receive them, through the band in a more expedited manner. Only dues-paying members of PASS can vote. Employees can sign up now and receive a ballot however. Your co-workers can join by filling out this form by Sept. 1 to receive a ballot. On or before August 21. The votes will be counted on September 21. In 1996, Congress passed "FAA Reform" which removed the FAA from most parts of Title 5 of the U.S. Code. Title 5 governs federal employment generally including the provisions for the GS system. Unless Congress amends the law, the FAA is not in the GS system. In passing FAA Reform, Congress ordered the FAA to develop a new personnel system. As part of this effort, the FAA developed the core compensation pay banding system. In 2000, the agency and PASS negotiated a pay plan that incorporated some core compensation system principles. Correspondingly, in the 2012 CBA, PASS negotiated some changes to the pay system such as eliminating the OSI/SCI and replacing it with a guaranteed 1.6% increase every June. We will continue to negotiate and advocate for adjustments and changes to the system when necessary. To convert to the FG pay system, PASS would have to convince the FAA or an arbitration panel that this is proper. PASS explored this option with the agency but it was rejected. Our best judgement is that it would be extremely difficult to get switched back to FG as part of going through the impasse process. Further, a change to FG would mean that our positions would have to be reclassified and this may not be advantageous. It would also be difficult to challenge because under the law, classification is not considered a working condition. Step increases (in the FG system), OSI/SCI (for non-union core comp employees) and the 1.6% June increase (in the PASS ATO contract) are all derived from the same money. The 1.6% increase is equivalent to FG step increases. The 1.6% increase is an average of the increases an employee would receive in step increases over 18 years. Under a GS grade, there are 9 increases from Step 1 to Step 10. If you add up the percentage increase at each step and divide it by 18, you get 1.6%. It is 5% of the employees "covered by this Agreement" and that number is calculated on October 1. So, any employee who falls under the CBA would be factored into the calculation.. Based on member surveys, the membership had general satisfaction with the CBA except for a few Articles. Given the political environment, we sought to limit the risk of going to the bargaining table. PASS opened Article 32 (Traditional work schedules), Article 41 (Sick Leave), Article 47 (Overtime), Article 97 (Travel and Per diem) and Article 124 (Pay). The agency opened Article 31 (Watch Schedules) Article 54 (Safety and Health), Article 55 (Abestos) Article 116 (Duration). There were some articles that were opened that were not changed. The parties incorporated some changes into the CBA that reflected prior agreements (MOAs), such as child care subsidies and furloughs. 8/2/17: Message from President PerroneWill we get the 4.75% increase in pay?
In-position Increases: I notice that the proposed language mentions that time in grade and position in the pay band will be taken into consideration as well as HRPM2.10c criteria. This seems to indicate that those employees lower in the band would be more inclined to receive the increases. Was this the intent of PASS? Who suggested the language added on taking this into consideration: Agency or PASS?
I heard on telcon that PASS's position is that even members above the pay band max would be eligible to receive the in band increases to base pay but that Agency may not agree. I find it hard to believe that the Agency would go along with giving any raise to base pay to anyone above the pay band.
In reference to the in-band pay raises: HRPM Policy Bulletin #83, Ref. Para. 2.a.2.a that no employee will not receive more than one increase over a two-year period and is only eligible whose current base pay is below the midpoint of the pay band/grade. Will this criteria be in effect if the current contract is extended?
UPDATED What happens if the tentative agreement doesn't ratify? (What is the process?)
Why can't I get a base pay raise just because I make more than the band maximum?
Does Article 116 apply if we go to impasse? What about the 1.6 and January increases?
What about the fatigue MOA?
What is our plan to use the In-Position Increases to benefit PASS membership?
Does the HRPM need to be changed before the IPI takes effect?
What if I am in Oklahoma City for training during the ratification period?
How come it takes 28 years for us to reach the top of our pay band with the 1.6% yearly increases and it only takes 18 years under the GS scale? It would take a 2.26% annual increase in the current pay system to go from the bottom of a pay band to the top over 20 years. Is this something that can be looked into? Can we negotiate an annual increase that would get us to the top of the pay scale within 20 years?
Who can vote on whether to ratify the Tentative Agreement?
When will ratification packets be sent out?
Why can't ATO employees be in the GS pay system?
Why can't ATO employees be in the FG pay system?
Why don't ATO employees receive step increases?
Where does the 1.6% June increase come from?
Who are the employees that contribute to generate the 6460 employees, which is the reference point used for 323 In-Position Increase recipients? I believe it was said that it was Tech Ops employees but is it just a whole swath or defined?
Why did PASS only agree to open up five Articles for each side?
What five Articles did we open?
What four Articles did they open?
Why are some of the Articles that were opened not shown on the website? Why are some Articles not opened showing changes?
