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NATCA NATIONAL OFFICE DEPARTMENTAL UPDATE March 11-25, 2019 LABOR RELATIONS DEPARTMENT NATCA PREPARES OPPOSITION TO AGENCY'S EXCEPTIONS IN SUBSTANCE TESTING CASE REGARDING UNION NOTIFICATION In an Award dated Jan. 24, 2019, Arbitrator James Rimmel sustained NATCA grievance #16- M98-4, involving notification to NATCA when substance testers arrive at a facility for testing. At certain facilities in the Great Lakes Region (and extending to other facilities in the Central Service Area, e.g. ZHU), the Agency had refused to notify NATCA when substance testers arrived to perform follow-up testing of one person pursuant to a management-referral TRP, claiming that notification would violate the BUE's medical privacy rights in violation of the Privacy Act, 42 CFR Part 2 and the Rehabilitation Act. The Arbitrator ordered the Agency to comply with Article 73, Section 2 in all cases including follow-up testing pursuant to a management-referral TRP, by indicating that "testers are in the building" or "testers are in the building for one person." On March 1, 2019, the Agency appealed NATCA's victory by filing Exceptions with the Federal Labor Relations Authority. The Agency challenged the Arbitrator's conclusion that the Privacy Act, 42 CFR Part 2 and the Rehabilitation Act did not apply to a scenario where a FacRep might guess or assume – correctly or erroneously – that an employee was on a TRP after being notified, or come to that conclusion based on information received from a source other than the Agency, after being notified. NATCA's Opposition to the Agency's Exceptions is due on April 8, 2019. POCs: Great Lakes RVP Drew MacQueen, Jeff Richards, Great Lakes ARVP Tony Walsh, M98 FacRep Jeff Huschka, and Assistant Director of Labor Relations Erina Hammond. BRIEFING REQUESTS On March 26, 2019, NATCA requested a briefing on FAA Order 6050.32B, Spectrum Management Regulations and Procedures Manual. We are currently waiting for a response from the Agency regarding our request. POCs: Assistant Director of Labor Relations Nicole Vitale and Labor Relations Coordinator Kendal Manson On March 19, 2019, NATCA requested a briefing on the Environmental Management System (EMS) Audit on April 9, 2019. We are currently waiting for a response from the Agency regarding our request. POCs: Labor Relations Attorney Grant Mulkey and Labor Relations Coordinator Kendal Manson On March 18, 2019, NATCA requested a briefing on the Site Evaluation of Security Controls for STARS and ERAM. We are currently waiting for a response from the Agency regarding our request. POCs: Assistant Director of Labor Relations Nicole Vitale and Labor Relations Coordinator Kendal Manson

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