As all are aware, the current COVID-19 crisis has caused disruption in the lives of the employees PASS represents. Many bargaining unit employees are required to report to work in person in order to satisfy their essential responsibilities. This is particularly true for those in the PASS-represented technician workforce who continue to maintain and support the NAS. Balancing these needs with the necessity to protect the health and safety of employees, we have worked with the FAA to maximize telework and to explore other workplace flexibilities that focus on social distancing and minimize unnecessary interactions. The shared goal is to protect employees and their families.

The workplace circumstances of different employees will dictate what mitigation is available. As an example, PASS understands that Air Traffic has been negotiating changes to the work schedules of air traffic controllers. This is being done in response to the workplace challenges caused by COVID-19 and is being referred to as a “pod system.” This encourages controllers to maintain the same shifts with the same controllers. The idea would be to contain any outbreaks of COVID-19 at the facility.

It is important to note that any changes to the work schedules of air traffic controllers has no impact whatsoever on the work schedules of technicians. PASS is not required change schedules or bargain over any changes solely due to a schedule change for controllers.

However, there is an avenue open to PASS when the union has an interest in altering watch schedules. Typically, such interest would be derived by consulting the PASS membership at a given facility. The ATO collective bargaining agreement (CBA) has a robust article (Article 31) that defines the processes and designation of watch schedules. Article 31, section 7, states that “the basic watch schedule will not be changed absent mutual agreement, except for a change in coverage requirements, or at the Union’s request one (1) time per year due to a change in personnel resources or NAS modernization.” It is important to highlight that one of the ways a watch schedule can be changed is if there is mutual agreement to make a change. This allows local PASS representatives at a facility to agree with their agency management counterparts to watch schedule changes and provides some flexibility to meet the current unprecedented demands. Article 31 also states that any new schedule must be available to employees for at least 30 days prior to implementation unless a shorter time frame is agreed upon.

In exercising the right to change a watch schedule under this section of Article 31, it is important to remember:

• Any change made to watch schedules is based on mutual agreement; this means a PASS representative cannot be forced to change schedules or be coerced into making changes.
• The changes to the watch schedules of air traffic controllers does not require us to change the schedules for technicians.
  
• Any changed watch schedule must be in writing and should come to a conclusion after the current COVID-19 crisis subsides and operations normalize.
  
• The parties will need to specifically agree on a timeline for implementation, if less than 30 days.
• As with all negotiations over watch schedules, representative should consult with PASS members and consider the implications on the eligibility for certain premium pay.
  
• If you are unable to agree on a new schedule, the current watch schedule will remain in place; all negotiations must be in good faith.
• Any mutually-negotiated agreement will still need to conform with all CBA articles including 31 and 35 as well as be subject to all rules covering overtime and other premium pay.

If you need assistance or have any questions you may contact your regional vice president.