PASS FAA NEWS
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.
As a bargaining unit employee covered under the PASS/Air Traffic Organization (ATO) collective bargaining agreement, you have access to a very important resource: the Critical Incident Stress Management (CISM) program.
The FAA began a study in late 2013 to determine if certain FV-201-J band positions, particularly NAS Operations Managers (NOMs), met the Office of Personnel Management's (OPM) criteria for being covered by the Fair Labor Standards Act (FLSA). The study was conducted throughout 2014 and involved interviews with a sampling of NOMs across the country. Last May, the agency sent PASS notification that, as a result of the study, it had been determined that the FV-2101-J NOM positions met the standards to be covered by the FLSA, did not meet OPM's FLSA exemption criteria, and would therefore have their FLSA status reclassified to non-exempt. This affected approximately 268 NOMs across the nation. Under federal labor relations law, such a decision by the FAA is non-negotiable and cannot be grieved.
As part of the collective bargaining agreement PASS negotiated for all represented employees in Technical Operations, Article 91 guarantees that you have access to the equipment you need to do your jobs safely and efficiently.
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Membership in PASS is about more than joining a union—it is about having a voice, gaining a system of support and solidarity, and making an important investment in your future. What else do you get by joining PASS? Why should you join now? Take a look at the following and the make the decision to JOIN PASS TODAY!
PASS works with Union Plus to provide you and your family access to valuable products and services. Joining PASS allows you to take advantage of many members-only benefits, including scholarship programs, money and credit services, health care savings, travel discounts, and others.
PASS is affiliated with the AFL-CIO and, as a member of PASS, you will become part of a nationwide network of brothers and sisters. PASS encourages all chapters to affiliate with state or local branches of the AFL-CIO.
PASS will be there to support you on the job. If you ever need to file a grievance, the PASS legal team will be on hand to provide assistance and support. PASS also represents you during investigations or disciplinary matters.
PASS provides organizing, legislative, representative and safety training to members. In addition, the biennial PASS Chapter Summit is an opportunity for PASS chapter leaders to participate in extensive training on chapter growth and sustainability. In addition, as a PASS member, you can serve as a PASS liaison or subject matter expert on a variety of agency projects.
PASS serves as a voice for members on Capitol Hill and in legislative offices throughout the nation. Federal employees are restricted in their ability to lobby Congress on certain issues. However, as a PASS member, you are given additional protection and support to lobby Congress on behalf of the union. This is especially important in today's legislative environment where there are several pieces of anti-federal employee legislation withlanguage negatively impacting pay, benefits and staffing. In addition, as a PASS member, you also have the ability to educate the public about PASS and what you do as an FAA employee to ensure aviation safety.
PASS has exclusive bargaining authority to negotiate working conditions for bargaining unit employees. PASS negotiates the contracts, and only PASS members are able to vote to ratify any negotiated contract. In addition, as a member, you can provide input during contract negotiations to PASS members on the team, or even serve on the team yourself.Without PASS, the agency would be free to impose any pay plan, your annual and sick leave benefits and work schedules would be dictated by management, and management could change wages, benefits or working conditions at their discretion. As a member of PASS, your voice is heard!
When you join PASS, you join a union of aviation brothers and sisters who understand the needs of the workforce and embody the same level of dedication and commitment to protecting this country's aviation system. Become a part of a strong and solid union focused on issues that impact you now and in the future.
If you have any questions or need additional information on joining PASS, please Contact Us.
{loadposition widescreen}The CISM Team: Working for You
The CISM program, which is explained in Article 64 of the agreement, is a joint initiative between FAA's Employee Assistance Program (EAP) and PASS designed to help ATO employees manage stress following a critical incident. It is meant to help individuals identify and cope with responses following a critical incident; provide reassurance and resources; and minimize the potentially damaging impact of job stress, especially in a crisis or emergency situation.
The CISM program is useful whether you have been involved in an accident, experienced a traumatic event or been exposed to another type of critical incident, or whether you know a coworker who may be in need of assistance. The PASS CISM Team is on hand to help in a number of situations. You can call or text a PASS peer debriefer at 631.485.CISM (2476) at any time—the team monitors the CISM line 24 hours a day, seven days a week.
Please reach out to the team even if you are unsure whether you or your coworkers need formal assistance. All calls are confidential, and the CISM Team can provide help in many ways. The type of help provided includes "defusings" conducted within the first 12 hours following a critical incident, which allows those involved to discuss what happened and talk about their reactions and feelings; one-on-one meetings with a licensed EAP counselor; critical incident stress debriefings with peer debriefers focused on reducing stress and assisting in recovery following an event; and one-on-one peer support.
PASS has worked to ensure that your needs are being addressed at the workplace—including following a critical incident. If you have questions about the CISM program or need more information, please visit www.passcism.com where you can find more details and contact information for the PASS CISM Team.PASS Grievance Over FLSA Categorization Results in Back Pay
PASS filed a national grievance on May 21, 2015, seeking the appropriate compensation under FLSA for all impacted NOMs who were paid incorrectly since the pay rules are different for compensating employees for overtime work under FLSA. Over the last several months, PASS has been working with the agency to identify the affected employees and ensure they receive all appropriate remedies, including back pay, in accordance with FLSA.
The FAA will be paying out over $300,000 to almost 200 employees. Please keep in mind that back pay is only due to those NOMs who were in that position permanently as of May 21, 2015, and worked overtime as a NOM going back three years. For those who served a temporary promotion as a NOM, they must have worked overtime between August 9, 2014, and May 21, 2015. Copies of the spreadsheets with the amount due each individual have been sent to the PASS regional vice presidents and assistants. Your PASS Service Operations Center (SOC) representative should have the spreadsheet.
This is a great example of PASS working for the employees we represent! If you have any questions, please reach out to your local PASS representative.PASS Ensures You Have the Equipment You Need
Per Article 91 of the collective bargaining agreement, at least annually during the month of March, employees are to provide a list of equipment needs to their immediate supervisors. It is critical that you have the equipment you need to be able to ensure a safe aviation system. Equipment most frequently requested include test equipment, appliances, phone equipment, cold weather gear, tools, blue tooth devices and office equipment. Remember that according to Article 91, you must also include justification for needing the equipment in your request. The agency is then required to consider your request and discuss the matter with you.
PASS is always looking out for you. We want to make sure you are able to continue performing your job to the best of your ability, and that includes having access to the equipment you need. If you have any questions about Article 91 or any part of the collective bargaining agreement, please reach out to your local PASS representative.
CONTACTS
National Leaders
Mike Perrone
Phone: 202/293-7277
Fax: 202/293-7727
E-mail: President
Rich Casey
Phone 202/293-7277
Fax 202/293-7727
E-mail: Vice PresidentTech Ops Regional Vice Presidents
Luke Drake
Phone: 603/493-2267
Fax: 866/380-3831
E-mail: Region I
Dave Spero
Phone: 918/299-1448
Fax: 918/299-1449
Pager: 877/226-2597
E-mail: Region II
Joan Matthiesen
Phone: 858/486-1044
Fax: 800/903-2160
E-mail: Region IIINational Office
PASS National Office
Washington, DC, 20005
Phone: 202-293-7277
Fax: 202-293-7727Email Us
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