ATO CBA Materials

Updated PASS ATO CBA, January 17, 2025

Appendices I-II; IV-VIII; signature pages, January 17, 2025
Appendix III, January 27, 2025

PASS CBA Rep Training, March 2025

PASS CBA Briefing Presentation

At a Glance: Changed or new articles

At a Glance: Articles that did not change

Message to all BUEs, Dec. 16, 2024

FAQs

{slider title=”Incoming Administration and CBA”}

Bargaining with the next administration was mentioned during the briefings. I believe the next administration will be much more hardline than this one. Can the CBA be approved before the inauguration?
That’s the goal.

The incoming administration has said that federal employees who refuse to return to the office full time will be fired. Are we protected if they enforce this since our bargaining agreement says otherwise?
The tentative CBA provides due process rights to BUEs who may face disciplinary action and disciplinary action can only occur if there is just cause (the agency has to justify). Further, the CBA provides that employees can telework based on criteria established in the CBA. It is difficult to predict what this incoming administration will do. Our CBA provides protections and benefits that are enforceable.

There’s been a lot of rhetoric from the president-elect and DOGE about telework. Just how easily could they circumvent, override or otherwise terminate our new telework/remote work CBA if ratified and what recourses do we have?
The CBA can only be superseded by a law. Otherwise it is fully enforceable.

There were rumors of PASS wanting to go to impasse/mediation before the election, and with the incoming administration it seems like those plans were put on hold. Were there plans to drag this out if the election went the other way?
PASS bargained as efficiently and effectively as possible. The parties opened the entire contract so there were many topics to be bargained. An issue that is reaching mediation and ultimately submitting to impasse is not a unilateral decision. If the parties are exchanging proposals or engaged in dialogue then it can be argued that mediation is not necessary. It is possible that the negotiations would have been submitted to mediation and impasse if the election had gone a different direction as there would have less concern with what might occur with that administration.

Is the incoming administration looking to cut “boots on the ground” workforce or “excess management”? And if my job were to be cut before I am eligible to retire what happens to my sick leave buy back?
It is unclear what the new administration may do, much of this is unpredictable. The expectation is that it will be challenging and not favorable to federal employees and unions. Sick leave buy back is guarantted in the CBA.

Can an executive order override a CBA?
An executive order (EO) cannot override a CBA. It is treated like a government-wide regulation. However, EOs can have an impact when a contract is being negotiated because the articles being negotiated cannot conflict with an EO.

If the currently offered CBA is not ratified, does PASS National believe the incoming administration would negotiate a more union friendly contract?
Based on positions taken during the last time this administratin was in control and the rhetoric that appears to be anti-union and unfriedly to the federal workforce, it is likely that bargaining would be more challenging with the next administration.

{slider title=”Pay and Long Term Travel/Per Diem”}

Why was the pay article not the primany concern? Mentioned you left it on the table until the end.
Pay was always a primary consideration. PASS offered a pay proposal within weeks of the onset of bargaining. The agency refused to consider any proposal that would increase the base pay of employees. There was a perception that the 2021 pay settlement raised the base pay of a significant number of employees and the FAA had no interest in considering a similar deal for others. The only way that PASS could successfully bargain pay increases to base pay would be if the proposal would be submitted to a third party arbitrator through impasse. Prior to impasse, the parties would need to exhaust mediation. Reaching impasse (or mediation) is not a unilateral decision, both parties have to agree to mediation which leads to impasse. As long as there is dialogue and exchanging proposals, the parties are not at impasse or need mediation. With the entirity of the CBA opened, there were multiple topics to be discussed prior to reaching mediation or impasse.

What was the agency’s reason for not putting all BUEs on the same pay plan?
In 1996, Congress mandated for the agnecy to construct its own personnel system, including a pay system. In doing this the agency had to bargain the system with its unions. As a result, PASS has negotiated different pay systems with different bargaining units.

In regards to the 1.6% annual pay adjustment to base pay, the average annual inflation rate for the past 20 years has stood at roughly 2.3–2.5% (depending on sources). It seems like we are locking ourselves into a regressive pay system. Where is the 1.6% figure coming from in regards to a negotiation metric?
The 1.6% is a guaranteed increase comparable to the step system in the GS pay scale. It is based on time in service rather than adjusted based on inflation. The annual presidential increase in January allegedly takes considers inflationary pressures among other considerations.

So is there no pay increase for the inflation? Just the same 1.6% also who is included in the support of the 30 core airports?
Employees will continue to get the January presidential increase and the June 1.6%. Both of those increases go to base pay. The agency refused to consider any other base pay increases despite many different proposals made by PASS.

Am I staying on the FG pay scale?
There are no changes to the pay systems. If you are in FG, you will remain in FG. The same is true with Core Comp.

Did PASS fix the pay disparity in the J band series? The 2021 agreement went all the went up to the I bands and purposely left out the J bands. Did that get fixed with this new CBA?
PASS made numerous proposals to address perceived issues in the I and J bands. The Agency refused to consider any proposal that would increase any employee’s base pay.

What other bargaining units have the long term per diem issue? Which ones have won it and who is still pushing for it? Would be a lot heavier if NATCA or other FAA unions were fighting with you.
Agree. We will be coordinating with NATCA and other unions to advocate for this to be eliminated. 

Is there any information on the long-term travel for technicians? Was this part of the negotiations?
PASS proposed to eliminate reduced per diem. The agency refused to consider that proposal in any serious way. In the meantime, PASS will continue to pursue legislative fixes to this issue, similar to what occurred for DOD.

I saw the email, but didn’t see anything about the Long Term Travel per diem issue we as technicians face when attending schools for training. Was this be addressed in the tentative CBA?
We were unable to convince the agency to move away from long term per diem. PASS will continue to pursue legislative fixes to this issue.

{slider title=”2101 Pay”}

As far as fixing the pay disparity issue, there will be no fix?
The pay disparity for journey level positions to the H band were mostly resolved in the pay settlement entered into in 2021 and that is codified in this tentative CBA. PASS made multiple proposals to the FAA to construct similar pay structure changes for other bands; however, the FAA refused to consider our proposals and wanted no increases to base pay. The only way PASS could possibly achieve this goal is by submitting to a third party in the impasse process with no guarantees. Continuing in the bargaining process toward impasse would have to occur after the new administration takes control in January and there’s reason to believe this may pose some risks. Therefore, we’re revealing the CBA that is available for the taking now and allow our members to have a voice.

Does the tentative agreement cover the pay discrepancies created by the April 2021 mid-term settlement for the people who had taken ‘I’ and ‘J’ promotions prior to that April 2021 agreement and didn’t get to take advantage of the big pay bump the ‘H’ band folks did? In other words if you were an ‘I’ prior to 2021 and hired between 2007 and 2020, a person who hired in the same year as you could get an ‘I’ or ‘J’ promotion and make more than you, despite your time in position.
PASS would suggest that the 2021 pay settlement did not create pay discrepancies, it actually corrected pay issues created by the agency when it hired technicians at different rates of pay. Although the settlement (which is now integrated into this tentative CBA) established pay minimums that will eradicate this problem in the future, BUEs promoted into the I or J prior to 2021 may continue to have pay distinctions when compared to other colleagues as a result of the agency’s hiring decisions. Correcting these issues was a main goal of PASS in bargaining; however, the agency refused to even consider it. Frankly, the agency doesn’t care about this issue. We do. From the agency’s perspective, I and Js are promotions and they don’t see an issue if the pay is different. Pertaining to bargaining, the only way to even try for a resolution is to go to a third party in the impasse process and get a decision. As discussed, this would have to occur after the new administration takes over in January and this poses some risks. From PASS’s perspective, if the CBA is ratified, PASS will continue to try to draw attention and find creative ways to fix this issue even though the agency doesn’t care. The agency created this problem and now they’re not interested in fixing it. The 2021 pay settlement occurred because the then Director of Tech Ops showed some interest. PASS is not done with it, it’s just more challenging when the other side is putting up walls. This is one of the many reasons that PASS members have the right to vote in the ratification process as to how we proceed. 

At a quick glance, I noticed the 2101 I band employees are not included in several articles, only H band employees are referenced. One example is hard to staff facilities. If I work at hard to staff facility as an I band 2101, am I eligible for the lump sum? Also, when is PASS going to do the I band employees right by giving them a pay raise like the H band employees just got a few years ago?
Nearly every benefit or right provided in the CBA applies to all BUEs regardless of band or series. There are few articles that specifically note a band or series and there is an explanation in each scenario. For example, a minimum salary is provided for BUEs in the I band to insure some parity and fairness. You are eligible for the lump sum. I understand and recognize your concerns with pay for those in the I band. One of our main goals was to establish a resolution like we did for the H band a couple of years ago. The FAA refused to agree to any base pay increases. The agency does not value cutting a deal like we did for the H band. The only way this could be achieved is if the agreement went to formal impasse and a third party forced the agency to accept. Impasse would occur after the next administration takes control in January and this likely poses risks. It is unpredictable how a third party would rule. To be direct, we continue to care about I banders, the agency doesn’t. We’ll do the best we can even after this agreement takes effect to advocate. At this point, members have the right to ratify or not in order to decide if we accept the risk to proceed to bargain to impasse or accept the current deal.

{slider title=”Schedules, AWS and ‘Operational Reasons'”}

[Time bands expanded to a range of 5 am to 8 pm.]

Does the 5 am apply to 2101s not on watch schedule?
Yes, it would. 

Premium pay is now between 8 pm and 5 am then?
No. Night differential is still paid for work between 6 pm and 6 am. However, under a flexible watch schedule (FWS) an employee may decide to work between 5 am and 8 pm without triggering night differential. It is important to note that this is based on the employee’s request. Any time management assigns work, night differential is required.  

For clarity, we can start prior to the standard 6 am, which was a HR policy?
Under an AWS, yes, you can work between 5 am and 8 pm. If the employee requests this schedule, they would not receive night differential premium pay. 

For an 8-hour work schedule, we can start work at 0500 and end at 1330?
This would be possible if working an AWS.

Will night differential be awarded AFTER 8 pm if you work maxi-flex?
Yes, it would be paid in that circumstance. It is important to note that if management assigns work that is between 6 pm and 6 am, night differential is to be paid, regardless of the schedule.

If a tech wants to follow a flexible watch schedule (FWS), will they still get Sunday premium pay?
If work is on a Sunday, yes.

How does the flexible watch schedule (FWS) affect those on the watch schedule? We have core hour requirements; would management be able to deny an 8 am start time if the core hours are 0600–2200?
Although a watch schedule has core hours, there is the ability to flex starting and ending times as long as the core hours are satisfied.

On control center watch schedule, we have 6 pm–6 am night differential. Is it now starting at 8 pm?
If management assigns work between 6 pm to  6am, night differential will be paid. 

How does start times affect core hours?
The agency may establish core hours under certain schedules, particularly with watch schedules. However, AWS is available to allow for more flexibility around those hours. The core hours can be four hours between 9:30 am and 2:30 pm unless the parties establish different hours at the local level. 

So we still have to meet managements “core hours” before we can do any flexible time (i.e., management’s core hours are 6 am–2 pm, we can flex to 4 am–2 pm or 6 am–4 pm)?
The agency can establish four hours as core hours between 9:30 am and 2:30 unless the parties at the local level determine something different. 

Does the new AWS give the option of working straight shifts and not take a lunch?
Taking a lunch break is a requirement for employees who are not on a watch schedule. Although some employees may want to skip the lunch break in order to shorten the workday, this could lead to manipulation by management and force employees to not take a lunch.

So you can work 6 hours one day and 10 another or two 9-hour days?
The different types of AWS are provided in the CBA that detail the different types of schedules that are available.

Would management be allowed to request the employee to adjust their assigned schedule from straight-8 to maxi-flex to avoid differential pay?
No. If management cannot force an employee to work an AWS, that is an employee’s decision.

Article 32 question when not on a watch schedule. How is a schedule defined? Can start and end times vary during a pay period?
Some AWSs allow for changes in schedules.

What’s considered operational reasons?
This means that the FAA must identify how an action is necessary to maintain the agency’s operations.

I have a question on Article 31, Section 6b. What is the definition in the first line of “operational reasons”?
This is new language and it will likely be tested. Our intent is that changes to schedules should not occur unless there are genuine work reasons related to operations of the facility.

Operational reasons are all well and good, but if the agency changes your schedule and you grieve it, what is the penalty for the Agency for doing that for what later turns out to be an unsound reason?
A proper remedy for this type of violation is challenging it after the fact. However, it would possible to argue that the employee would havereceived overtime pay if not for the schedule change.

They claim “Operational Reasons” ALL the time and use it as an umbrella for everything. Is “Operational Reasons” defined?
This means that the agency must identify how an action is necessary to maintain the agency’s operations. It is used in certain articles in order to ensure they are legal. The law allows management to assign work and detemine its operations. This language is selectively used for legal reasons to provide as much protection to employees as possible without violating management rights that are, unfortunately, provided in the law.

{slider title=”Fatigue Article”}

Why were the fatigue rules not more concrete? The agency would now just say “it’s an unforeseen circumstance.”
Under the law, the agency has a right to assign work and accomplish the agency’s mission. So when limiting this right (which we do in many ways in this CBA), unions have to carve out some exclusions so that this legal right is preserved. In the Fatigue article, the rules must be applied unless there is an emergency. This is a high bar for the agency to meet while preserving the legal right. 

Why 10 hours [between work assignments] now for fatigue? Great for GNAS but for people who work 16×7 or 24×7, it makes it even more challenging scheduling work especially in our current staffing crisis.
There are current fatigue rules that apply requiring 9 hours of rest between shifts. This would extend it to 10 hours. Studies indicate that safety for employees begins to depreciate between 8 and 10 hours without a rest. Managing the staffing issues is a challenge that the agency is going to have to fix; however, we want to ensure employees are working in a safe environment. 

On fatigue leave, the 10 hours rest—will that be included after working a full day where we have to wait the 10 hours before coming back?10 hours between shifts 

[The Fatigue Article] It does not seem to be clear if it is used on the front and/or back end of the work assignment.
Under the fatigue rules, the 10 hours applies between the end of an overtime assignment and the next scheduled work shift. 

So to confirm there is no 10 hours before?
Chicken or the egg sort of thing. 14 out 24 hours is the rule. It is if it is between shifts.

{slider title=”1.5% Bonus”}

What is the reason for the 1.5% bonus?
This is generally a contract signing bonus for employees. It’s a way to put money in your pockets immediately. It does not affect the pay bands.

Under what circumstances is the annual 1.5% bonus awarded?
It is a one time bonus.

Will the 1.5% one-time bonus be calculated on the base pay after the presidential increase has been added first or will the one-time bonus be added before the presidential raise to base pay?
Yes, it appears that it will, based on the timing of ratification and the bonus is to be paid out in two pay periods.

Regarding the one-time 1.5% bonus, when will the employee receive the bonus? Are there employees that will not recieve the bonus?
All BUEs will receive the bonus within 30 days of the contract going into effect.

Is the 1.5% based on FULL pay or only base pay?
It will be applied to adjusted base pay which includes locality.

Does the 1.5 lump sum apply to Federal Wage Grade employees?
Yes.

Does the 1.5% base pay increase effect G-Band employees?
It’s a bonus, not a pay increase, and yes.

Will the 1.5% raise the pay band maximums also by 1.5% so those of us at top of bands get compounded lifetime earnings like everybody else vs one-time payout?
The 1.5% is a one-time bonus. Bonuses are typically paid off of base pay without locality. This provision requires the bonus to be calculated using the base pay with locality.

Does the 1.5% lump sum payment apply to training coordinators?
The 1.5% lump sum goes to all BUEs.

{slider title=”Temporary Pay Increase (TIP)”}

Can you elaborate on the TIP 8%?
This is a bonus of 8% provided to employees who volunteer at a location that is determined to be hard to fill.

Why are we temporarily filling positions, receiving an 8% bonus and those stuck in those positions already not recieving anything?
The goal is to incentivize asistance in facilities with staffing deficiencies. This would likely require employees to relocate for a period of time.

How will the agency notify the bargaining unit about TIP opportunities? Will it be geographically restricted? How about duration? Relocation allowances?
The opportunites will be advertised detailing the location and length of time. Qualified BUEs will be able to volunteer for the opportunity.

For temporary work at areas with critical needs, will you get per diem as well?
This will be detailed in the announcement. Per diem will likely be included.

Is the TIP increase additional to the 8% increase in temporary promotion?
It could be in addition to the 8% associated with a temp promotion depending on the position and who is assigned.

20 why only core airports for the 8% ? we have several areas that we cant staff because the cost of living in the area The TIP 8% can be used for any position and applicable to all BUEs.

Under the temporary incentive pay (TIP) article, I aasume the agency will have to list in their bid announcement that this qualifies as a critical need location and if you are at the top of a band will you still receive the 8% in its entirety.
Yes, it would need to be announced with full transparency.

What is the minimum length of the TIP program? For example, if an SSC is without a certified technician and i travel to certify their systems that day, am I eligible to recieve TIP pay for those efforts that day?
There is no minimum amount of time. For full transparency, the opportunity to take advantage will be announced and clearly defined. The situation you describe may qualify; however, it would need to be clearly identified.

What is the 8% temporary incentive pay (TIP) and how do I qualify?
The 8% TIP is a new incentive to encourage BUEs to work at another facility that is having staffing issues. This will be based on the need of the facility so it is not developed yet. If this CBA is ratified by the members, then it will become effective and opportunities will be revealed.

{slider title=”Overtime and Phased Retirement”}

Though overtime has been approved, how does this apply to holiday pay? For example, controllers needing assistance on a holiday.
Overtime is paid any time an employee works outside of their normal duty hours. 

Is overtime included for travel; example, travel Oklahoma City, or can management still try to force you to take comp time?
There are specific rules of when OT applies when an employee travels. However anytime an employee works outside of normal hours including some travel, employees must be paid OT pay.

Does the FLSA non-exempt and exempt criteria still apply?
All employees are eligible for overtime now regardless of FLSA status.

On the presentation slide #5 that discusses the 25% of pay for missed overtime, is that for any overtime or just scheduled overtime?
It is for any overtime assignment that is assigned or could have been assigned with more than 48 hours notice.

Currently our I-Band coordinator does not qualify for OT pay. Does this CBA change that?
If an I-Band coodinator works hours outside of their normal work hours then they must be paid overtime. The CBA requires for this to be time-and-one-half.

Does this [CBA] remove the verbiage for renegotiating based on change of personnel?
An MOU that disallows overtime would be contary to our CBA and possibly law. The tentative CBA clearly asserts that overtime is to be paid for working hours outside of normal work hours.

In NASEO, under an MOU, we are not allowed overtime—from local management.
You will be eligible for time-and-one-half overtime. It is not up to the manager.

What is the timeline for overtime? Are they held accountable over two-month period, or some other time period? If it’s been happening over a year, can we still hold them accountable?
These provisions are in effect after the contract is ratified. If employees have not been paid overtime in the past then it may be possible to recover some of the past violations. There is a two-year statute of limitations for FLSA violations. It suggested to discuss this in more depth with your PASS rep.

Is the comp time going to be time-and-a-half per hour worked?
Comp time is paid out hour for hour while overtime pay is paid at time-and-a-half.

What is ‘true’ overtime compared to overtime? 
True time and half is your hourly rate plus one half of your hourly rate (if an employee earns $50 an hour, this would be $75 an hour). Employees who are designated as exempt from FLSA currently don’t get this rate of pay for working overtime hours. This tentative CBA allows for all employees regardless of FLSA designation receive this rate of pay.

What is being discussed and were to find information about new article “Phased Retirement”? 
Under this concept, employees planning to retire could phase into retirement in some manner in order to remain a valuable resource to others, including those who may be taking over their work roles. The FAA has been very reluctant to develop a program of this type so PASS was able to get them to agree to a workgroup that will develop the idea and its benefits. The workgroup would then make recommendations.

{slider title=”Discipline Issues”}

So GPS [monitoring] data can be used to reprimand, and the agency just has to give “the defense” that data up front?
They would need to provide the data after the discipline has been proposed.

What does ‘freshness’ mean? [Article 18, Section 12]
This is used in the discipline article to refer to how long the agency can refer to past disciplinary action when considering progressive disciplinary action (past discipline is considered when assessing appropriate discipline). In accordance with the article, discipline occurring more than two years ago should not be considered as “past discipline” by the agency. Therefore, if the agency is considering to take disciplinary action an employee it can only go back two years.

{slider title=”Hard-to-Retain Facilities/Core 30 Airports”}

Of the core 30 airports, which are considered ‘hard-to-retain’?
This is determined through an evaluaiton of such things as how many techs leave a facility, how long bids are open, ERRs, etc.

What are 30 core airports? Does it include the ARTCCs?
It does include ARTCCs.

What is considered a SSC that supports a core 30? If a SSC that has an RTR or RCAG that feeds a major TRACON or ARTCC considered supporting?
A list will be provided soon.

Can’t the agency just say “nowhere is hard to retain” that way they can avoid paying $5k?
This determination is not arbitrary, it is based on an analysis that looks at many factors. At this point, most facilities would qualify so this in unlikely. The purpose is that the FAA viewed a need to incentivize so the expectation is that this need will cntinue.

When would the employee receive this bonus?
The $5,000 bonus will be received after a BUE remains at the facility for a year after it is determined to be hard-to-retain.

Will any H-band ATSS supporting a core airport be getting the $5,000 annual bonus or does that only apply to H-Band watchstanders? Also, if the FAA deems a unit overstaffed, does that affect the ability to get that bonus?
It would apply to all H-Bands regardless if working a watch or not.

If you get prompted to H-Band from G, will you receive the bonus?
All employees in the H-Band will receive the bonus.

Does the $5,000 lump sum apply for I-Bands at core airports? Also, the same question for the 8% incentive pay for permanent employees at core airports?
The $5,000 applies to employees in the H-Band, we attempted to expand the eligibility, but the agency refused. The 8% incentive pay applies to all BUEs, including employees in the I-Band.

Why is it that only H-Bands get the $5,000 bonus? At what point does PASS remember that there are pay bands above H-Band?
Our proposal was for this to apply to all BUEs at these facilities. The FAA rejected this idea under the theory that employees in the H-Band tend to leave these facilities or seek promotions so the FAA claims it has retention issue that is isolated to employees in the H-Band. PASS still believes that this is arguable; however, this is the extent of applicability unless we submit the contract to a third party in the impasse process.

How did the agency not feeling like including the I and Js in the $5,000? They typically have worked hard and moved up but are being penalized for moving up. There is less and less incentive to move to I and J.
It’s difficult to represent the agency’s view as from our perspective, this shoud have been extended to Is and Js and all other employees in the facility. We were told it was limited to H-Bands because of the retrention rate issues: those in the  H-Band are more likely to leave or pursue promotions. This would be a way to possible incentivize H-Bands to stay.

For the $5,000 bonus: when that location is now fully staffed, would the $5,000 bonus go away? Does that $5,000 bonus last the remainder of this contract?
The $5,000 applies to facilties determined to be hard-to-retain; therefore, a facility would no longer qualify if an evaluation proves it to be no longer in that category.

Can an emplyee receive temporary incentive pay (TIP) and the $5,000 annual bonus if the employee takes a temporary position that is over a year at a core 30 airport?
This could happen if a BUE temorarily accepts a position at a facility at a core 30 airport under the TIP and the facility qualifies for the $5,000 retention bonus.

On the PASS website, it said the $5,000 applied to 2101 H bands at hard-to-retain/core 30 airports. If I am on an I band temporary detail, do I still qualify?
The agency will determine which facilities qualify in October of each year and then those BUEs at the facility will be eligible. If your temp promotion is over by that point then this wouldn’t be a problem. Otherwise you would not qualify for the periods of time for which you are temporarily promoted. 

I have a question regarding the BUE $5,000 for core 30. Does the $5,000 apply to Training Coordinators that support the Core 30?
It apples to 2101 H bands. We attempted to expand to other series but the agency refused. Based on their reasoning, the goal is to incentivize H bands to remain at these sites. There’s not much data indicating that others leave like there is with techs in the H band who often go to smaller SSCs or seek promotions.

Please define who qualifies as a “BUE for hard-to-retain facilities supporting the core 30 airports.”
The agency has a process in which it identifies hard to retain facilities each year. Under the language, they will identify those facilities once a year and any employees in those facilities will be eligible.

Why do only the BUEs that support the core 30 get the $5,000 pay incentive for retention when all facilities are experiencing staffing issues?
The agency made the original proposal. PASS sought to expand it to any hard to retain facilities but the agency refused to expand it beyond facilities supporting the core 30 airports.

What facilities support core 30 airports?
Any ARTCC, TRACON or SSC that is connected to the core 30 airports. We will provide the exact list soon. 

As per hard to staff locations: will this also pertain to OCC, NOCC and SOC such as ZBW? I know ZBW is screaming for help and shortly will be low on staffing again due to retirement and others leaving due to they hate the SOC/OCC work load.
A this point, the article providing $5,000 to hard to fill locations does not apply to the OCCs. The agency would only agree to focus on facilities connected with the 30 core airports. We agree that remains an issue at the OCCs as well in other locations.

What job series qualifies for the hard to testing facilities supporting core 30 airports? Is this for new employees only or currently employed in a core 30?
It only applies to Series 2101 H bands. PASS attempted to expand it to other positions but the agency refused to look at additional positions or bands.

{slider title=”Sick Leave Buy Back”}

What is sick leave buyback at 40%?
This a new contractual right for BUEs who are retiring to receive 40% of their sick leave paid out in cash upon retirement.

Is the sick leave buy back 40 cents on the dollar or can you explain what this means?
It is 40% of the sick leave amount.

If you sell back sick leave, does that time still count toward longevity?
No, either it is cashed out or it can be added to your retirement. 

When does the Sick Leave buy back kick in?
It kicks in immediatley upon the effective date of the CBA.

Can the sick leave buy back be split? Can you use one month’s worth toward retirement and the rest cash out?
Employees need to decide to either cash out or add it to retirement.

Is the sick leave buy back a choice between old and new methods, or mandatory?
It’s a choice.

{slider title=”Credit Hours”}

Do credit hours expire?
Credit hours do not expire; however, employees can only earn up to 24 hours before they have to be used. Credit hours are available for 12 months after accruing the time. Credit hours will cash out in straight pay if the employee moves to a traditional or compressed schedule. Credit hours are only available on a FWS or Maxiflex. 

Will the credit hours be incorporated into CASTLE? How will it be captured and recorded?
This is a good question and the agency will have to determine.

Credit hours will not be considered comp time?
Credit hours and comp time are two different forms of compensation. Credit hours are requested by employees and can be used when the employee requests. Comp time is paid out when an employee is assigned overtime hours by management and the employee requests comp time rather than overtime pay. The main difference is that the employee can request credit hours and comp time is when management assigns work outside of normal hours.

Was adding credit hours done to allow those working mids on the first Sunday mid of the pay period earn prior to midnight and use the next morning? We used to do the comp earn and burn, but since comp is in lieu of overtime, the agency took that away.
If managed the right way, credit hours could be used in the situation you describe. That was part of the reason the language was added. 

{slider title=”Telework and Remote Work”}

What is the difference between remote work and telework?
Remote work is when an employee’s residence is determined to be the official duty station (ODS). Telework is a benefit that employees can use to work from an alternative site while the FAA facility/office remains the ODS.

If there were an executive order (EO) ending or reducing telework, would this stand?
There is not currently an EO regarding telework; however, there is concern that may come into existence with the next administration. If it occurs, the telework article provided in the tentative CBA should provide protections that will likely need to be enforced.

Will telework or remote work in our CBA be able to survive the change in presidential administrations?
Our intent is to write contract articles that can survive legal challenges.

Are there any guidelines stating definitively that 2101s can telework? And if so, who will be the approving authority? Our SSC manager says no telework for us, but our sister unit SSC (enroute) manager allows a very liberal system.
Ultimately, any SSC manager makes the determination. All BUEs are eligible to telework. The type or amount depends on the work requirements. Any telework request must be jusdged against the criteria established in the CBA.

Can you go into more detail about mobile work being an in-office day? What exactly does that mean to someone who is teleworking?
It means that if an employee is working under a telework agreement that requires some in office presence, days when an employee travels to another work site won’t count as a telework day but will be considered as a day in office.

Can telework agreements be terminated and resubmitted after a new contract is ratified?
Existing telework agreements are not to be terminated by management; however, an employee could request a new telework arrangement under the new CBA.

Can you please go into more depth on how the Mission Support employees will be affected on the way telework is going to work? For example, we are required to come in two days a week. Is this going to be adjusted or is it up to management decide like they are now?
For all employees convered by the CBA, the telework article requires the agency to apply the criteria established in the CBA when an employee requests to telework.

For telework, will the amount in office change from current?
Each telework request must be evaluated against the criteria established in the telework article of the CBA. The agency cannot establish arbitrary days in office without applying the criteria in the telework article.

What is the definition of remote work?
Remote work is when it is determined that an employee can perform their work from home; their home will designated as the official duty station.

If you are a remote worker (classified) why are we required to have a telework agreement?
A telework agreement is not required if an employee is deteremined to be a remote worker.

Does ELMS qualify for telework?
The tentative CBA states that training can be conducted while teleworking.

Is there any verbiage that addresses the number of minimum days for in office vs telework? Could a manager agree to telework but limit it to one day a week? Or is it all or nothing?
There is no verbiage in the CBA limiting the type of telework available or how many days an employee needs to be in person at an office. Telework requests can be one to 10 days a pay period.

Has the agency denied telework that you have seen based on HRPM policy or business cases?
Any denial would have to be based on the criteria established in the CBA.

Tentative Article 37, Section 3 is new and seems to acknowledge that “the Administrator may set an agency-wide approach for the FAA regarding telework.” Section 5b calls for the employee to report to the Assigned Worksite two days or more per pay period. Couldn’t the agency simply take advantage of the “or more” language to the maximum extent by mandating a full-time presence at the Assigned Worksite effectively eliminating telework altogether? At a minimum, is there any assurance that our telework posture will at least not be more restrictive than it was pre-pandemic?
The CBA specifically provides criteria that the FAA must apply when an employee requests a telework agreement. This includes a requirement for the agency to identify an adverse (negative) impact that the telework request would pose. This standard should be beneficial to employees. The reference to the administrator’s ability to set agency-wide policy is deliberate to clearly state that any such action must comply with this criteria, meaning the administrator does not have unchecked authority. The article further allows for a routine telework up to five (5) days per week. This is designed to protect BUEs from different postering; however, there is much negative rhetoric about telework in the federal sector so this language may be tested. We think it will stand up and PASS is prepared to defend it. 

As a 2101 I band BUE, can I request a routine telework agreement or am I limited to a situational telework agreement? In the past, I have been limited to a situational telework agreement. Has anything changed under the proposed CBA?
You can request either type of telework arrangement. It depends on if you can perform your work responsibilities from home. If this can be done in a predictable manner, then a routine telework arrangement could be possible. If it is less predictable (which is sometimes the case with technicians) situational may be more appropriate. It depends on the facts. However, no BUEs are automatically excluded from consideration of any type of telework. 

Article 37: what reason should be given to make a good argument to telework? In my district, upper level management has told FLMs to deny all telework if the reason “isn’t good enough.” A typical reason that FLMs give for denial is “if you are teleworking, you cannot respond to an outage right away.” Sometimes this leaves us sitting at the office, staring at a computer, even though all of our NAS equipment PMs are up to date.
Article 37 establishes criteria (which we believe is clearer and stronger than the current CBA) which the agency must apply when a BUE requests to telework. The most prominent is that the agency must identify an adverse impact: this means they need to identify what would be the negative effect on the agency’s operations. This is a fact-driven analysis. Stating that the reason “isn’t good enough” wouldn’t be a good reason to deny; however, conceivably being available to respond to an outage immediately may be a valid reason. BUEs should request the telework arrangement they would like and then the agency must apply the criteria.

If able, could you elaborate or provide exact text of “more robust telework articles.” What specifically is more robust about telework?
We adopted language that, in our view, strengthens the standards and procedures around telework requests. For example, the agency is now supposed to articulate an adverse impact when denying a specific telework request. The CBA also opens the door to 100% telework arrangements that were previously closed.

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Why was there no Flight Program Operatins representation in bargaining?
PASS attempted to appoint CBA team members who could represent a wide array of perspectives and from groups with the broadest membership. We had a team member from Region V for the first time in our history of bargaining and did reach out to our representative regarding FPO-specific issues.

Are there any provisions in the new CBA for an assistant for Region 5?
The tentative CBA creates a new representative position for MPAs in Air Traffic Services and a new Region V 

I recommend eliminating the use of SCD for Leave Bidding and schedule bidding. I feel that using EOD is fairer to existing career FAA PASS BUEs. SCD should only be used as a tie breaker.
SCD Leave has long been the standard. However, a few employees have raised this question and PASS is looking into it.

What is the “Flight Program Operations Airspace System Inspection Pilot (ASIP)” program?
Flight Program Operations is the service unit within ATO that conducts all flight operations for the FAA. This is an incentive program to help the FAA recruit and retain pilots. The agency has had a challenging time keeping pilots from leaving and going to the mainline airlines.

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