Union’s ERIDS Proposal

The FAA is modernizing and moving into the future with new equipment, consequently, it is imperative that the Flight Data Units also moves into the future with the new systems being employed.

We have stated previously, NAGE local R3-10 has submitted a proposal for all of the Flight Data Units to perform dissemination duties utilizing the En Route Information Display System (ERIDS). The discussions are very preliminary; nevertheless, the Union’s proposal has generated an enormous amount of interests in the FAA.

On behalf of the Union, our subject matter expert David J. Peters (a.k.a. Dj), Executive Secretary, NAGE Local R3-10 invented/formulated a technique to append NOTAM information onto the ERIDS approach plates. This technique would make it possible for the air traffic controller workforce to view and retrieve pertinent NOTAM information in a safe and expeditious manner.

Dj created a PDF file to demonstrate the Union’s proposal. To view the Union’s proposal in the proper content/format, the PDF file must be saved onto your hard drive, and then reopen from the hard drive. Instructions are as follow:

1). Memorize or print a copy of these instructions.

2). Righ-click here to download erids_scenario.pdf, and then left-click "Open in New Window".

3). Left-click “File” in the upper right-hand corner

4). Left-click “Save” or "Save As" and then save file either on the “C” drive or in a specific folder.

5). Locate saved erids_secanrio.pdf file, and double-click to open.

Bargaining with the FAA

In today’s enormously pro-management environment in the Agency, Federal Labor Relations Authority, and Federal Courts, it is exceptionally difficult to negotiate with the FAA.

Each Union representing FAA employees have used different approaches in representing their bargaining unit members in contract negotiations.

NATCA - This Union pursued a more combative approach, it attempted to have Congress and/or the Senate amend the instrument that the FAA has been using to impose contracts, USC Title 49. Congress failed to amend USC Title 49 by approximately 8 votes, and contract negotiations between NATCA and the FAA concluded in an impasse. In the end, the FAA imposed an inharmonious Collective Bargaining Agreement (CBA). Click here to view the imposed NATCA/FAA contract.

PASS – This Union used its negotiation tools in an attempt to improve their bargaining position. PASS withdrew their counterproposal, and accepted the FAA’s exceedingly stern counterproposal. However, in the ratification election, PASS strongly recommended to its members to vote “no” for ratification, and the members overwhelmingly voted “no”. The FAA filed a ULP complaint regarding the tactics used by PASS. The FAA initially did not prevail; the FLRA dismissed the ULP complaint. On appeal, the General Counsel reversed the ruling, issued a ULP charge against PASS, and reverted the matter back to the FLRA for a hearing. If the Agency prevails in this hearing, the FAA would have the authority to implement the agreed upon CBA, which is currently the FAA’s uncompromising counterproposal. Click here to view the FAA’s counterproposal.

NAGE Local R3-10 – Our local approached the CBA negotiations with the belief that Unions have to able to negotiate in both pleasant and unpleasant environments. Our main mission was to get the best possible deal/agreement from the FAA. In this endeavor, we reached a tentative agreement with the FAA, and the overwhelming Union members voted “yes” for ratification. Currently, the tentative CBA is being reviewed by the Agency Head, in accordance with applicable laws. Click here to view the NAGE Local R3-10/FAA tentative CBA.

In January 2007, the Democrats took control of Congress and the Senate; hopefully this would improve the give and take (negotiating) atmosphere in the FAA.

ERIDS Proposal

In order to continue to provide NOTAM dissemination services utilizing some of the new systems being employed by the FAA, NAGE Local R3-10 submitted a National proposal to initiate and accept some of the updating and dissemination duties pertaining to ERIDS. The Agency was very receptive to our proposal. Additional information regarding our proposal would be provided at a later date.

Attempt Promotion into Pay Band G

If the tentative CBA is ratified, after core comp conversion, the next step for the Union would be to attempt to get everyone in our bargaining unit promoted into Pay Band G from Pay Band F, by requesting a review of the Career Level in accordance with the provisions specified in Article 51, Section 3 of the new CBA.

This would be a major undertaking, and would require the full support of all of our bargaining unit members.

CBA Changes Regarding Management Rights

In the 2004 CBA, the Agency elected to negotiate some of the authorities given to them under Title 5 USC Chapter 71. In reality, according to Federal laws, the Agency is not supposed to negotiate any provision that affects the authority of any management official of any agency. In the tentative CBA, the Agency has reclaimed some of their Management Rights under the law, and for the most part have elected not negotiate (b)(1) topics. Even with this reclaiming, the majority of articles in the 2004 CBA are being carryover without any changes. Most of the amended articles were alter very modestly, and some were alter to avoid encroachment.

Below is the Federal statute regarding Management rights:

§ 7106. Management Rights

(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency -

(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

(2) in accordance with applicable laws -

(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

(C) with respect to filling positions, to make selections for appointments from -

(i) among properly ranked and certified candidates for promotion; or

(ii) any other appropriate source; and

(D) to take whatever actions may be necessary to carry out the agency mission during emergencies.

(b) Nothing in this section shall preclude any agency and any labor organization from negotiating -

(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

(2) procedures which management officials of the agency will observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

Recommendation for Ratification

My Union Brothers and Sisters:

In a few days a Notification of Ratification of Election will be posted on the website. If there are no logistical difficulties, the Union is planning to conduct the ratification election during the week of February 5, 2007, via the Internet; the election period would be five (5) days. Additional details will be provided in the election notification.

Copies of the tentative Collective Bargaining Agreement (CBA) between NAGE Local R3-10 and the FAA have been e-mailed to dues paying members. If you are a dues paying member, and have not received a copy, please contact the Union at nagelocalr310@aol.com.

As you know, these contract negotiations were not easy, but the outcome reaffirms the value of the collective bargaining process. The Parties were able to reach a tentative agreement.

Under the new contract, the majority of 2004 CBA articles were carryover without any changes. Out of eighty-one articles, nineteen articles were amended, most with minor changes. Additionally, in order to avoid having to negotiate a new CBA during the same period, in which two major unions (NATCA & PASS) would be negotiating theirs, the duration period in Article 81 has been extended to six years. This extension would allow future CBA negations to be conducted after the two major unions in the FAA have completed theirs. The conduct of arguments would greatly be enhanced.

Article 51 is the Conversion to FAA Core Compensation Plan/Performance provision. Under this article, all employees at Grade GS-7 will be converted to Pay Band F. For the first SCI payout under this Agreement all eligible employees will receive a Superior Contribution Increase (SCI) of .6 per cent. For the administration of SCI, employees in the NAGE Local R3-10 bargaining unit will be considered in separate pool from other FAA employees. Employees may request reviews of career level determinations in accordance with Human Resources Policy Manual (HRPM) 2.3.C. If such a review is requested no later than 3 months after implementation of this Agreement, it will be completed before September 30, 2007 or within 6 months of employee’s conversion to the FAA Core Compensation System, whichever is later. According to HRPM 2.3.C, Section 5, a formal opinion review when rendered, is binding and must be implemented.

Trepidation - this article not having any extra monetary benefits is extremely disappointing. However, this provision is the utmost the FAA is willing to accept/provide/agree. Most importantly, it is time for our bargaining unit employees to convert into the core compensation pay system. As result of the FAA Administrator’s band increases (2), the majority of our bargaining unit employees are losing money by remaining in the general schedule pay system. The 2007 base salary for GS-7, Step 10 (excluding locality) is $41,262. The maximum pay band (excluding locality) for Pay Band F in the 2007 Core Compensation Plan Pay Bands is $48, 500. $7,238 higher than GS-7, Step 10, therefore, upon conversion into the core compensation system, Step 10 employees will once more resume receiving pay raises. Furthermore, employees would be entitled to the extra 1 per cent raise the FAA Administrator has been approving for core compensation employees.

The Executive Board of NAGE Local R3-10 is strongly and fervently recommending that the members vote to ratify the tentative CBA. The 2004 CBA expires on February 25, 2007, and it would be extremely detrimental for our bargaining unit members not to have a CBA in place by the expiration date. A vote for ratification will continue the contractual protection of our bargaining unit employees’ rights, and ensure the continuation of the collective bargaining process for NAGE Local R3-10, our Union.

We urge all dues paying members to vote in the upcoming ratification election.

In solidarity,

Rufino Sanchez, Jr.
President, NAGE Local R3-10

Copy of Tentative CBA Forwarded to Union Members

A copy of the tentative CBA has been sent to Union members via e-mail; kindly check your FAA CC-mail for receipt. If you did not receive a copy in your CC-mail, or if you do have a CC-mail account, kindly contact the Union at nagelocalr310@aol.com.