Dear PASS-represented employees:
Today, the FAA forwarded an updated message to all employees regarding its effort to implement the COVID-19 vaccination mandate espoused in Executive Order (EO) 14043. This message indicates that employees must attest to their vaccination status by November 8, 2021 (having had the second Moderna or Pfizer [marketed as Comirnaty and fully authorized by the FDA] dose, or the single-dose Johnson & Johnson shot), in order to meet the EO’s requirement for federal employees to be fully vaccinated by November 22, 2021. Unfortunately, this information is not consistent with information the FAA provided PASS at its most recent briefing. The agency’s message further indicates that bargaining unit employees will be able to report their vaccination status starting October 12, 2021. The online attestation form that will be used opens on October 12, 2021 and will also allow employees to report if they are seeking an accommodation/exemption for religious or medical reasons. The FAA indicates that the form will not be available to bargaining unit employees prior to October 12.
These are important dates that employees need to be aware of. Legally, an EO is viewed similarly to a government-wide regulation; negotiating over the substance is not possible. The position of PASS is to continue to bargain accordingly over the implementation of the EO and enforce the parts of our collective bargaining agreements (CBAs) that may be impacted. In line with this, the union submitted bargaining proposals to the FAA today. Among the issues PASS is attempting to bargain include: ensuring employees understand how to request an accommodation; continuous educating and counseling regarding COVID-19; incentive programs for all; opportunities for employees to take leave without pay; require counseling prior to formal disciplinary action; and educating employees on the workers’ compensation program if there are any negative effects from the vaccine.
It is not possible nor responsible for PASS to assure employees that there will not be consequences if they remain unvaccinated. To this point, messaging from the FAA, Department of Transportation and the White House have consistently indicated that a failure to get vaccinated will result in disciplinary action up to removal. Any employee must take this consequence seriously. However, it should also be kept in mind that employees are not giving up their due process rights and they will have the opportunity to respond to any proposed discipline and the opportunity to file a grievance or appeal the discipline. As noted in a prior message to members, PASS filed a grievance seeking clarity whether this effort to have people disclose vaccination status is in accord with the PASS CBAs.
The FAA’s message starts with making the point that unvaccinated people are at significantly higher risk of developing severe cases of COVID-19 and death than those who are vaccinated. Reporting from the Centers for Disease Control and Prevention supports this contention. PASS’s position is not to be against vaccination. The union’s objective is to enforce the current CBAs, negotiate to the extent possible and play a role in informing employees. PASS will continue in this endeavor, including providing information as in this message. PASS strongly encourage employees to consider the negative consequences of remaining unvaccinated and the positives of vaccination for themselves, their coworkers and their FAA career.
In solidarity,
Dave Spero
National President
