LR Source
Capstone Arbitration
NATCA recently won an arbitration concerning a Memorandum of Understanding (MOU) on the Capstone program in Alaska. Capstone is an ADS-B technology that is based on GPS rather than radar. Pilots can use it in their planes for various services including terrain mapping.
Since 2001, the agency has put it on radar scopes at Anchorage Center so that planes can receive services in and around Bethel, Alaska, even when they are outside of radar coverage. However, there have been many problems with Capstone, namely that often times one plane will register two targets on the radar scope. When this happens, conflict alerts go off even though there is no safety issue.
Controllers have pleaded with the agency to fix the technological problems before using it for separation purposes on the radar scope. Finally in 2003, after their pleas kept being unheeded, NATCA invoked section 9 of the Capstone MOU which says that NATCA can have the technology removed from the scopes. The agency refused and the case eventually went to hearing. The agency argued that the provision is unenforceable. The arbitrator disagreed and sided with NATCA. She found it to be an enforceable provision that had been properly negotiated under 5 USC 7106 (b)(1). The agency plans to appeal the decision to the Federal Labor Relations Authority.
Permanent Change of Station MOU
An arbitrator upheld the FAAs unilateral termination of the Permanent Change of Station (PCS) Memorandum of Understanding (MOU). In a Feb. 26, ruling, the arbitrator held that the agency did not breach its duty to negotiate with NATCA when it unilaterally terminated the provisions of the agreement. The arbitrator largely based his decision on two issues, which are still disputed by NATCA. First, the arbitrator held that the duration clause of the agreement created an entitlement for either party to unilaterally terminate the agreement. Second, the arbitrator expressed his belief that NATCA had not provided the agency with proposals that sufficiently addressed the impact and implementation of the agencys termination of the agreement.
When NATCA and the FAA negotiated the PCS MOU, the parties were clear regarding the intent of the duration clause: any termination of the negotiated agreement had to coincide with negotiations of a successor agreement. Thus, the union strongly disagrees with the arbitrators interpretation of the clause. NATCA believes the arbitrators interpretation is incorrect and should not be supported.
While NATCA will agree that the proposal submitted to the agency was tantamount to a demand for status quo, such a proposal was justified and appropriate. Contrary to the arbitrators award, NATCA was not in a position to draft a comprehensive proposal because the agencys briefing came well after the proposal was submitted. This fact was not given the appropriate weight by the arbitrator. The arbitrators award would require NATCA to negotiate the uncertain impact of an unarticulated change.
Further, the union presented evidence at the hearing that indicated the FAAs failure to have a consistent practice concerning PCS-related matters subsequent to the unilateral termination. Thus, the FAA cannot support its position that it does, in fact, have a set protocol for such matters in place of the MOU. Because the arbitrator failed to consider these facts and engage in a sufficient consideration of the precarious situation a union is placed when it is forced to bargain without any information, the union believes the award should not be supported.
NATCA will appeal the decision to the FLRA. Until the Authority has ruled this matter on, any individual who does not believe that agency has complied with either the terms of the PCS MOU or the Collective Bargaining Agreement should continue to file grievances.
ARC/Southern Region Payroll Employees Reduction in Force
Negotiations have begun for the Southern Region employees in the payroll division. As a result of the completion of the migration of the payroll functions from Department of Transportation (DOT) to Department of Interior (DOI) (FPPS) the SO Payroll employee are experiencing a Reduction In Force (RIF). NATCA is in the process of negotiating an MOU regarding the ARC employees whose jobs were affected. Barbara Fitzpatrick, LR representative for NATCA and Carmela Newberry, ARC/ABA national representative are working with ASO management to secure an appropriate arrangement for the affected employees.
The union has presented its first proposal and is awaiting the agencys response.
Second NY TRACON Five-Day Suspension Discipline Overturned
On Feb. 3, Arbitrator Irwin Dean issued a decision in NATCAs favor when he overturned the five-day suspension of a NY TRACON ATC and making him whole for all lost wages and other benefits. This decision, the last in a series of reversals of management disciplinary actions at N90, means that NATCA has prevailed in overturning every removal or other disciplinary action taken against controllers at N90 over the last year.
In the instant case, the controller had been charged with falsifying time logs in his area by recording time on position that the controller had allegedly never worked and that the controller had never been assigned to work. The arbitrator determined, however, that there was insufficient evidence of any falsification by the controller. In addition, he found that management admitted that the grievant may have worked the position at the time in question but that the manager simply did not notice him performing the work.
Finally, he found that the controllers at N90 have historically assigned themselves to work positions without management direction. Based on all of these conclusions, the arbitrator found no misconduct on the part of the controller; ordered the five-day suspension overturned; ordered that the grievant be made whole for all lost wages, benefits, and seniority; and ordered that all records of the disciplinary action be expunged from the grievants personnel record. The grievant was represented by NATCA LR Representative Peter F. Gimbrere.
