Tentative CBA Document and Team Notes

Will all BUEs receive the tentative contract, even if they don’t pay dues?
The tentative agreement is available to everyone on the PASS public website.

When will the members see the proposed CBA?
The tentative agreement is available here.

Is there a reason why PASS doesn't implement agency accepted revision status vertical bars in the changes to the bargaining agreement?
Unfortunately, we do not have a version that has change bars. Oftentimes the parties exchange multiple versions of proposals prior to the agreement and there was much discussion at the bargaining table. Sometimes sections may not have any changes but they are rearranged. This may be something we could consider in future CBA term bargaining. Having change bars could also be confusing, misleading and an administrative nightmare. We suggest taking the time to read the tentative agreement in its entirety.
 
Can we have a summary list of significant changes in the contract, since change bars won’t be present?
This is something that PASS National may be able to work on but it will require a lot of resources to assemble and will not be available until after the ratification vote. We suggest you take the time to read through the Tentative Agreement in its entirety.

Does the proposed contract available on the website have revision bars to point out changes?
Unfortunately, we do not have a complete version showing all of the changes. Oftentimes the parties exchanged multiple versions of proposals prior to the agreement and there was much discussion at the bargaining table. 

Will the notes of the agency and PASS contract teams be made available to us?
The agency and union both designated notetakers for bargaining. These notes are highly sensitive and specific to negotiations. They may be used for contract interpretation and in litigation. Releasing them could lead to confusion and misunderstandings as they would be read out of context.

Competency Assessments

The MOU does not mention that the assessment has no disciplinary or downgrade actions. How will BUEs be protected? 
I do not believe this is a CBA question but rather a question on the Competency Assessments. However, Section 7 of the MOU specifically states “ Completed employees responses will not be utilized for disciplinary actions or modifications to specific performance elements in an employee’s FY24 performance plan cycle.”  If the assessment results show that a downgrade is necessary, then applicable sections of the CBA in effect and policy will be used.

Will all BUEs receive the tentative contract, even if they don’t pay dues?
The tentative agreement is available to everyone on the PASS public website.

Ratification Process and Agency Head Review

Electronic ballots for ratification will be sent to dues-paying PASS members on August 19. The ballots will be sent to personal email addresses. The ratification period closes on September 6. There is a legal requirement for the agency to review the document solely for the purpose of identifying any article that is illegal. The expectation is that the agency will conduct this review concurrent with our ratification time frame and that the CBA will go into effect within 30 days (assuming it is ratified by the members).

If PASS members are not receiving regular communications at their personal email, please contact the national office before August 19 to confirm we have the correct email on file.

If a bargaining unit employee would like to participate in the ratification process, you can join PASS now.

How long do you think ratification process will take before the contract is in effect? Best guess?
It is a guess. The ratification vote concludes on September 6. In accordance with the law, the agency has up to 30 days to conduct agency head review, which is an effort to identify any provisions that are contrary to law. However, it appears that this review is occurring concurrently with our ratification vote. If this occurs, we should be able to sign the contract shortly after September 6 and it could go into effect likely around late September or early October. If the agency head maxes out the 30 day review after September 6, that would push out implementation to likely around early November (this is not likely).

Will there be joint management and PASS training on the new CBA?
This has not been decided. 

What happens if the CBA is not ratified?
The parties will have to return to the bargaining table and everything in the tentative CBA will be reopened. This will expose bargaining unit employees to risk and unpredictability. It is highly likely that such benefits as the $5,000 signing bonus would be in jeopardy as there have been indications that the agency has reservations over agreeing to this payout. Without a doubt, this will introduce chaos and tumult into the process as neither party will know why ratification was unsuccessful or what it would take to reach agreement. Plus the agency may be reluctant to agree to certain terms with PASS when it is possible that its members may not accept the deal. The union would lose a level of credibility. There is no reason to believe that the agency would be inspired to bargain a better deal as the most likely scenario would be that the agency would stand by its deal leaving no other option than impasse. And then a three-party arbitration panel would likely impose terms in line with what the parties originally agreed to prior to the failed ratification vote (at best). Members have the right to vote their conscience during the ratification process. However, it is always worth considering the motivations of concerted efforts that appear to be misdirected, based on inaccurate information, and spurious logic. The tentative agreement was bargained by attorneys with over 40 years of combined experience, BUEs from different sectors of the bargaining unit who have held high level rep positions including the highest officer in the union representing AVS employees. Further, the union’s president was involved in many phases of the process. It should be considered if these sources may be better positioned to present the best deal possible than a few who have no knowledge of the bargaining process or any notable experience or knowledge.

Representational Rights and Structure

Does the CBA dilute representational rights?
No. The current system is based on geographical regions that have not existed in six years. This has led to a lot of confusion about which BUEs are represented by a representative, including how to conduct a proper internal election for representatives. The tentative CBA provides a more efficient and effective representational structure to allow for more productive labor-management relations. Functional Representatives will align with management at each Functional Office; Division Representatives at each Division manager level; and Principal Representatives at the organizational level below the division level, as well as IFO. Designated representatives at each all levels of management. The structure will continue to align with corresponding management officials. This allows for a representative to deal with management at every level. The official time is increased in the tentative agreement as compared with the current CBA, plus all union representatives may use the amount of official time necessary to perform their representational functions.

Telework & Remote Work

What were the changes to telework and return to office?
First, we created two separate articles to make a distinction between telework and remote work. Second, in Article 51 the criteria for accepting or modifying a telework agreement is stronger; full-time telework is allowed; and the administrator will not have carte blanche to change the telework arrangements of BUEs.

Are ASIs eligible for remote work?
Yes.

After ratification, should I request my original telework agreement be reinstated?
Under the tentative CBA, it should not be necessary to resubmit your current telework agreement. If a BUE requests a different telework arrangement then they can submit the request and it must considered under the terms of the tentative CBA including the criteria established in article 51, Section 8.

If an employee is approved routine telework and they work a 4/10 AWS schedule and are required to report two days or more a pay period. Does being on leave or working on the road satisfy the two-day requirement?
Yes, mobile work or traveling to perform work at a site is considered a non-telework day and therefore, considered to be an in-person day. This is true regardless of the type of telework or if connected to an AWS.

With regards to telework, is there any reason to believe the agency will honor this new agreement since they aren’t honoring the current one?
Tough and warranted question. We bargain the best deal we can and defend it. Article 51 is stronger and clearer than the current CBA. If it is violated then enforcement occurs through the grievance process. 

So what I’m hearing is that the two-day-per-period telework went out the window and the new article would require telework to meet the set new criteria? How can the new telework criteria and new telework article provide BUEs the same level of protection?
Article 51 makes it clear that any request to telework will be subject to the criteria established in Section 8 and the administrator does not have unchecked authority to issue agency wide directives without following our CBA.

We are now required to be in the office four days per pay period. What will it be in this CBA?
The tentative CBA does not provide a requirement for any in-person days related to teleworking. The telework article provides criteria that must be applied when considering a BUE’s request to telework, regardless of the type of arrangement or days requested for teleworking.

Offices have used the COLA to limit the number of days a BUE can telework. If a BUE’s COLA is higher at their residence could that limit the amount of consecutive days a BUE can telework?
The cost of living at your residence will no longer impact the ability to telework as it is now clear that teleworkers are not paid travel expenses to travel to the employee’s work location and employees will be paid the locality pay associated with where they are assigned.

Remote work is new, will there be a process to get that approved? Is this a management decision or is this allowed regardless?
The new Remote Work article in the tentative CBA provides the rules and there is a criteria that must be considered when an employee requests to be a remote worker. The law allows agencies to determine where work will be conducted.

Will a remotely sited employee still require a telework agreement?
No. Remote work and telework are clearly distinct. Remote work may require a separate agreement.

For remote work eligibility, is this case by case based on an individual’s situation or does it mean that a certain job like a PPM will be determined eligible or not for all PPMs, regardless of the individual situation?
Generally, this is a case-by-case analysis; however, it is possible that a group or series of BUEs may be similarly situated and all be considered eligible for remote work. The tentative CBA does note that BUEs should be treated fairly and equitably. 

If you’re on a detail not associated with your home office are you considered a remote worker or a full time teleworker?
It depends on where you are assigned to perform work. If it is to a residence then it would appear that you are a remote worker. Alternatively, if assigned to another FAA office then you are likely a teleworker. 

Under the new agreement (Article 51, Section 5b). Can we request to telework eight days per pay period?
Yes. If you make this request, the agency will apply the criteria established in Article 51, Section 8.  

Where do we stand now on telework going forward? I've heard rumors that the government might be requiring us to come into the office even more.
There is no indication that the FAA intends to increase in-office presence; however, even if this occurs, the FAA will have to apply Article 51, particularly the criteria in Section 8.

Have telework entitlements been reduced?
No. Telework is not an entitlement but a benefit/option. Article 51 in the tentative CBA enhances telework benefits by establishing clearer and stronger criteria that the agency has to apply when granting or modifying a telework agreement. Further, remote work is now distinct from telework and it is possible that routine telework can be full-time.

Per reading the telework section, employees would no longer be able to work full-time telework at all—as some current employees are forced to be based at an office under the new restrictions set by agency leadership, correct?
Actually employees are allowed to telework full time in accordance with Article 51, Section 5b(2). A telework arrangement that exceeds more than eight days a pay period requires AVS agency head approval; however, this approval must be based on the criteria in Section 8 of Article 51.

Is there still going to be a mileage "zone" for remote workers?
The Official Duty Station (ODS) for a remote worker will be their residence and all travel from the ODS will be covered in accordance with the FAA’s Travel Policy.

Concerning remote work, does that mean the final approval remains with Dave Boulter when an individual wants remote work when their counterparts in the exact same job classification and in their same "office" have been approved previously? We have been continually told Boulter will not sign off on remote work at all now and those who were "late" to the game (some like myself stayed based in offices for valid reasons to assist the agency in closing out tasks that forced employees in the office that are no longer necessary; i.e., maintain paper files etc.) are out of luck now because he won't approve it.
Currently, there is not a clear policy with regards to remote working. Our CBA creates this designation. PASS cannot dictate the level of management that makes approval; however, any decisions will have to conform with our CBA. In making this decision, the agency must consider:

1. If there is an adverse agency impact on the administrative and operational functions of the organization, to include the delivery of quality stakeholder service, and
2. Cost considerations and the potential personnel and organizational implications, including:

1. Changes in locality pay,
2. Cost associated with travel expenses, and
3. Imminent Agency-directed changes to the official worksite (including potential permanent change of station costs).

Can an “alternative worksite” be an RV on a temporary basis without adjusting locality pay?
This is possible in accordance with Article 51. If you are a full-time teleworker, additional costs could be a factor; therefore, if the locality pay associated with the location of the RV needs to be in line with the assigned official duty station (ODS).

Signing Bonus

With regards to the $5,000 bonus, will that apply to ALL AVS employees?
It will go to all AVS BUEs who are represented by PASS who are in the bargaining unit on the date of signing.

Is the $5,000 bonus a one-time payment or a $5,000 increase to our current step?
It is a one-time payment.

What is the reason for the $5,000 bonus? Is it meant as a retention bonus since it is for all employees.
It is a signing bonus for all BUEs who are in the bargaining unit on the date of signing. It is an economic recognition of the services provided by employees and an incentive.

Do we have the option to put the $5,000 bonus into our TSP?
This was discussed at the bargaining table; however, the FAA does not control TSP in a manner that would allow for this option.

Sick Leave Buy-Back

If there is a sick leave buyback at 40%, is there still the formula applied that allows sick leave to be applied to retirement?
Yes. Employees will have choices to either take the lump sum upon retirement or add the sick leave to their retirement.

Would you give an example of how the 40% sick leave buy-back is a benefit vs. having the time added to retirement? 
Because of our tentative CBA, BUEs have a choice to take a lump sum amount of 40% of your sick leave balance upon retirement or add the entirety of your sick leave to your retirement. Employees often prefer to take the lump sum amount.

Were the financials analyzed between 40% buy-back vs. the existing option and what that could mean to a retiree (i.e., what it does to your high 3 or taxable income)?
The tentative CBA provides the option for employees which does not presently exist in the current CBA. Under the terms of this tentative CBA, employees can decide which option meets their personal interests. 

Is that a one-time lump sum pay out at retirement for the sick leave or amortized over a period of time?
It is a one-time lump sum payout. 

Leave

In 2022 another member of my team and I were instructed by HR that we were unable to use sick leave when we had a new baby for anything other than time in the hospital and doctors’ appointments unrelated to pregnancy because we had parental leave, is the application of the overlap between parental leave and sick leave improved in this contract?
Paid Parental Leave is provided in Article 58.

Do we get bereavement leave?
This is covered by Article 59, Section 7.

Any changes to FMLA or sick leave sections?
The most significant change to sick leave is ability of BUEs to receive pay out of 40% of their sick leave upon retirement. Otherwise, all entitlements remain. As for FMLA, all rights remain with modifications that prohibit the agency forcing employees to take leave when in FMLA status and parental paid leave was added. 

Classification and Promotion to FG 14

What is going to happen with the complexity model?
Flight Standards created “complexity points” as a way to determine the classification of positions (determine the grade of a position). In accordance with the law, the agency can determine the classification of a position. As an internal decision, the FAA decided that HR should be making these determinations rather than Flight Standards (HR makes classification decisions for other LOBs within the FAA). As a result of the tentative CBA, PASS’s enhanced presence within the staffing workgroups may allow for the union to have more of an influence with regards to these decisions. The complexity model was flawed in that it only applied to certain BUEs who were assigned “complexity points” and the points were arbitrarily created, failing to take into account other complexities associated with work assignments. 

Is the POI 14 based on complexity? 
It is not based on complexity points which no longer exist. It is based on the classification of the position. 

Could you discuss Article 38 as it relates to classification standards?
Article 38 deals with classification standards. We are legally prohibited from negotiating over the actual position descriptions; however, the tentative CBA gives us the right to comment and review.

Are you saying all POIs will become FG 14s?
In accordance with Article 127, Section 15, all POIs will be reviewed and the expectation is that Principal Operations Inspector occupying an FG-13 will be upgraded to an FG 14. 

What is the incentive for the agency to promote POIs to 14s? It seems it would cheaper to just pay out the $10,000 which would not go over well with morale.
The premise is correct, this would not be good for morale and would violate the parties’ intent. Since classification of a position is a management right, it would be an illegal contract provision to demand all POIs to be upgraded; however, it is the parties’ understanding that this will occur. The $10,000 penalty is insurance.

If the agency does not upgrade POIs to an FG 14, then will the $10,000 be considered a bonus and paid in a lump sum?
Yes. The parties’ intent and expectation is that the promotions will occur. 

If an operations inspector is not assigned as a POI are they promoted to 14?
The pay section is applicable to POIs—they will be promoted to FG 14 and there will be a penalty if this does not occur within a year for FG 13s. 

Were cabin safety inspectors brought up for 14s?
This topic was discussed at the table. Cabin safety Inspectors are not automatically brought up to the FG 14 grade level. Classification is a management right; however, PASS may have influence over such determinations based on our role in the staffing workgroups if we are able to identify recruiting and retention issues.

Does that mean that General Aviation PIs will be able to attain GS-14s?
It applies to all POI positions; all POI positions will be reviewed. 

What about AW inspectors who have been in the agency for years and are still stuck at a FG-12?
Our intent at the bargaining table was to expand beyond POIs; however, this is a classification issue and there was not an identifiable retention and recruiting issue in AW. In accordance with the law, we cannot negotiate over the classification of a position (which means the grade assigned to a position). For POIs, we were able to leverage the demonstrable evidence of recruiting and retention issues to convince the agency that they should be compensated more, which led to the determination to reclassify.

Pay and Related Issues

Are there pay raises in this CBA? 
Employees overwhelmingly desired to remain in the FG pay system when surveyed before bargaining began. This was accomplished. Under this system, BUEs in the FG pay system continue to receive step increases and are guaranteed the presidential annual increase. This is not the case for most FAA employees who are not in the PASS bargaining unit. Further, the CBA provides other types of premium pay that BUEs can take advantage of, such as enhanced OJT premium pay, recruiting incentive, referral bonus, flight operations premium pay. And now all employees receive true time-and-a-half pay for overtime. All BUEs will receive a $5,000 signing bonus—this is the largest signing bonus that the FAA has ever agreed to.

It sounds as if most of the pay incentives are really just FAA promotions for hiring and retention. Was there not an ability to secure a group-wide increase to at least lessen the gap from industry?
There were many conversations regarding pay issues and exploration into areas to add economic value for employees. It is challenging to compare public service employees with private sector employees as there are significant differences. For example, job security is a much different reality for public sector employees as are such things as health care and retirement. When compared to other public service employees, there is significant economic value in this tentative CBA and retaining the FG pay scale has often been identified as an important goal. Achieving pay incentives is much easier when the parties have overlapping interests; for this reason, honing in on issues related to recruiting and retention were areas where PASS could convince the agency that money needed to allocated. Focusing on recruiting and retention is also a way to indirectly connect with what may be occurring in the private sector. However, for the most part, our CBA applies to all BUEs including many topics that involve economics.

Did PASS attempt to bargain a pay raise through FG plus, in order to stay out of pay banding yet receive a pay raise? 
There is no pay system known as FG plus. As a component of the GS pay system (known as FG within the FAA), the Office of Personnel Management (OPM) may establish higher rates of pay for a category of positions within a geographic area based on staffing difficulties that cause recruiting and retention issues. It is assumed that this is what the question refers to. Under this scheme, agencies may request OPM to grant a higher rate based on specific staffing reasons. First, by agreeing to follow the FG (GS) pay system, this allowance still exists. Second and more importantly, for the most part, the evidence does not signify a recruiting and retention issue, specifically not for the entirety of the bargaining unit as suggested by the question. Where recruiting and retention issues have been identified, economic resources have been devoted.

Where is the eight hour allotment of duty time for airmen certificate maintenance located in the proposed agreement?
Section 12 of Article 127.

Is there any type of incentive pay for those of us who have to maintain a Special FAR currency and through the FSIRP program, are constantly on the road to help the rest of the FAA because there are not enough certified pilots to accomplish all the work?
You will receive pay for the entirety of the time you are working and will receive flight evaluation premium pay (Article 127, Section 11).

Why are ASAs not on the FV schedule?
All BUEs represented by PASS have been and remain under the FG pay system. This pay system has been preserved over multiple contracts as BUEs have expressed they do not wish to be placed into core comp (FV).

Is the waiver process for true time-and-a-half handled at the local level?
There is no waiver. BUEs are entitled to time-and-a-half overtime.

What article is the true time-and-a-half for the first-time exempt employees?
Article 119, Section 1, allows all employees to receive true time-and-a-half overtime pay regardless if covered by FLSA or not. 

In reference to 14s getting OT, will there be any restrictions on what OT they can work? Or are the rules the same as what a 13 has today?
There are no additional rules or restrictions. If a BUE works overtime they will receive time-and-a-half regardless of FLSA status.

Will there be a code to enter on the LDR to obtain the Flight Operation’s premium pay?
This will likely need to be developed. PASS will provide the details when the agency provides information as to administration. However, earning the pay is not dependent upon the development of a code.

Does the CBA expand work hours without providing night differential?
No. Article 48, Section 9f(2) expands flexible time bands allowing employees to choose to work outside of 6am and 6pm, the time window to which they are currently restricted when working a flexible work schedule (FWS). Because of the tentative CBA, BUEs can decide to work between 5am and 8pm without being restricted because of night differentials. If the agency assigns work before 6am or after 6pm, BUEs would still receive night differential.

Why is there no on-call pay for accident duty? 
The CBA has an extensive process allowing BUEs to volunteer for overtime availability (which could relate to accident duty). This allows employees to plan their own schedule. However, it is important to note that employees are not required to be available by telephone, have limitations imposed on their personal travel or non-work activities, nor be required to be in a state of readiness to perform work. The introduction of an on-call premium pay would restrict employees and require them to be prepared for duty while on non-work hours. Under the tentative CBA, the ROC will contact management officials with immediate notifications. 

Was there any discussion on paying ASIs who perform accident investigations to get paid for being in a state of readiness when on call for an accident/incident?
There was discussion and the consensus from most BUEs is that this would be undesirable. This would result in ASIs being constrained and required to be prepared to report to work while being in a non-duty status. Under the tentative and current CBA, ASIs have the choice to be included on a list for overtime while also not being constrained in their private lives. Even after being placed on the list, the BUE can still decide if they want to perform the overtime, giving them ultimate control over their work/personal life.

Can you explain what the expanded exception to the bi-weekly salary limitation rule mean?
Typically, the bi-weekly salary of employees cannot exceed the maximum rate payable to a GS (FG) 15. Because of Article 127, Section 9 this aggregate salary limitation does not apply to the following:

1. Foreign TDY oversight, including certification, investigation, surveillance, and flight test activities; or
2. Foreign or domestic certification, investigation, surveillance, and flight test activities performed by employees assigned to the Aircraft Evaluation Division, or any employee assigned to or participating on a Flight Standardization Board (FSB), Flight Operations Evaluation Board (FOEB), or Maintenance Review Board (MRB).

Furthermore, employees may request a waiver when they perform work not listed above or foresees being impacted by the biweekly aggregate salary limitation.

Non ASI Issues

Does the contract address any improving conditions for ASAs and ASTs?
The vast majority of the CBA applies to all bargaining unit employees, including the continuation of the FG pay system, enhanced telework rights, and the $5,000 signing bonus. Furthermore, the CBA establishes a workgroup that will provide recommendations for the appropriate utilization of ASTs. The tentative CBA also establishes staffing workgroups to specifically review issues related to ASTs and ASAs.

Is it possible for PASS to do something for 1825 CSIs and ASTs? Many feel they have gotten the short end of the stick for years.
It is extremely undesirable for any BUE to feel this way. There was a concerted effort to insure that the vast majority of benefits and rights apply to all BUEs. There are exceptions to certain articles that are tailored for particular employees; however, this is not the norm. We have pushed back on many efforts by the agency to target certain benefits. For example, the agency wanted the signing bonus to only go to certain employees; however, PASS insisted on it being applied to all.

On Article 90 it looks like it was expended to all OJT Trainer to include ASA and support staff. Is this correct?
This is correct; it applies to all qualified trainers.

Will the OJT pay include non 1825s?
Yes, it is applicable to any qualified employee who is administering the training. 

Article 25 speaks specifically to ASIs’ fleet assignment procedures. AED currently has a workforce of 1825, 0180, 0861 job codes, all of whom are union members; however, the contract is specific to ASIs and seems not to provide the same protections to non 1825s in FS. Is this true? How are non-ASI employees within FS provided equal protection for work assignments, training, etc.?
AED assignments are made in accordance with Article 25, Section 7.

Travel

Did we have success with eliminating long term travel?
This remains a goal; however, it was not achieved in this CBA. A workgroup was established in the tentative CBA to review and evaluate this matter, plus it is agreed that this issue will be reopened to be bargained if it is eliminated within the term of the CBA, including if another CBA negotiations eliminate its use. Eliminating long-term per diem would impact the entire FAA, mostly ATO. PASS continues to believe that long-term per diem is antiquated and generally unfair. We’re not done with it. 

Is the 60% long-term per diem contrary to law? 
No. There is no federal law that restricts long-term per diem.

Are there increased travel restrictions in the tentative CBA?
It is unclear what is being referred to here but there are no additional or new restrictions on travel for BUEs when compared to the current CBA.

Article 23 Programs/Workgroups

Are there any fulltime official time positions for Article 23 work like as in Article 13 for ATO?
Article 13 of the ATO CBA does not discuss full-time positions; it applies to workgroups to provide operational perspective on the development of development, testing and deployment of technology. Article 23 of the tentative CBA creates the possibility of collaborative workgroups with co-leads and consensus-based decision-making process. The time devoted to the workgroup depends on the needs of the workgroup. 

Use of Recordings/Investigatory

Can the agency use recordings in an investigatory examination?
In accordance with HRPM ER-4.1, paragraph 15c, the agency may authorize recordings where the prior concurrence of all parties is clearly and specifically indicated and understood. Our tentative CBA increases a protection for BUEs to receive a copy of the recording if the agency is using that information in a disciplinary action.

Nursing Mothers

Does the CBA remove protections for lactating mothers?
No. This is covered by Article 109 requiring the Agency to provide and administer the FAA Nursing Mothers Program.