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NIW Today 2016

A publication of the National Air Traffic Controllers Association

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Q & A: H.R. 4441, THE AIRR ACT PAY & BENEFITS No. Air traffic control services started moving away from "inherently governmental" when the FAA contracted the level 1 facilities in the Federal Contract Tower Program. Congress has continued to support and fund that program, and we lost a 17-year lawsuit fighting it. We are confident this new structure will keep our system functioning without interruption while providing the necessary protections for our workforce. NATCA leadership has examined the AIRR Act and determined that it will be sufficient to cover our current level of pay and benefits. The corporation will have the ability to borrow and bond, which adds another level of financial security. As a monopoly, the corporation will have self-sustaining income. The board sets the fees and charges in accordance with the ICAO policy. It will be able to adjust those fees to deal with economic downturns. The corporation can also borrow money for capital improvements, rather than using operating money to do so. This will free up funds for long-term infrastructure projects and technology development and implementation. As a not-for-profit with significant regulation, the monopoly powers will be well regulated. No. We would not be working for the airlines. The seats on the board cannot be given to a member or employee of the associations or companies that offer the nominees. Presently, funding for ATC operations comes from a combination of the general fund from the United States treasury and taxes and fees paid into the Airport and Airway Trust Fund (AATF), which goes into the general fund and the appropriations process as well. Congress must authorize the AATF and appropriate funds for FAA's use. Congress does not have it in a "lock box" – limiting its use for aviation. Under the AIRR Act, the corporation can collect charges and fees from air traffic service commercial users, which would be established by the corporation. The corporation will use a weight and distance fee structure based upon an International Civil Aviation Organization (ICAO) policy. Canada has adopted a similar funding structure based upon ICAO principles. Non-commercial general aviation would continue to pay a fuel tax, which would go into the General Fund (U.S. Treasury) for the FAA because safety and regulatory functions will remain in the government. Also, the corporation may issue bonds or engage in other financial transactions to fund capital improvement projects. Q A Q A Q A Q A Q A Q A Does this new structure give the airlines too much control and influence over what NATCA has long considered an inherently governmental safety function? Will the funding be sufficient to meet pay and benefits for the NATCA represented workforce or will there be cuts to pay and benefits? What, if any, contingency plan is laid out in the AIRR Act to protect controllers' benefits, retirement, and salaries should this corporation suffer losses? How will Federal Employee Health Benefits be affected for those transitioning and those not yet hired? Doesn't this new structure mean we will basically be working for the airlines? How will the new ATC Corporation be funded? Under the provisions of the bill, employees who are participants in FEHBP prior to the date of transfer can remain in those plans, at their election, and can receive the benefit in retirement. The corporation is required to make the government contributions for health care benefits. NATCA will be able to negotiate health care programs with the corporation and the corporation will have the duty to bargain with us. This is a change. Currently we cannot negotiate health care benefits. Employees who transfer into the corporation will have the option of moving into those newly negotiated plans. Newly hired employees would be covered by those plans. 39

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