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THE DELEGATE WEDNESDAY, AUGUST 31, 2016 10 The Federal Labor Relations Authority (FLRA) certifies the National Air Traffic Controllers Association as the exclusive representative of air traffic controllers employed by the Federal Aviation Administration. 1987 1989 1996 1993 1998 1997 1998 2000 2002 2004 The initial collective bargaining agreement between NATCA and the FAA for the air traffic controller unit is silent as to seniority. In practice, seniority is negotiated at the local level between the NATCA facility representative and the manager at each facility. Article 83 of a new collective bargaining agreement between NATCA and the FAA for the air traffic controller unit gives NATCA full authority to define seniority for bargaining unit employees. Article 83 reads: "[S]eniority will be determined by the Union at the local level." The NATCA Constitution does not contain any provisions on seniority at this point in time. At the NATCA Convention in Pittsburgh, Resolution 96-014 is the first of many proposals on seniority to be heard by the Convention body. After a day of debate, Resolution 96-062 is adopted by a vote of 4,706 to 4,573 and establishes a national seniority policy. This policy becomes Section G of the 1996 NATCA By-Laws. ✪ The new national seniority policy defines seniority as "NATCA Bargaining Unit Time;" establishes a first tie breaker as "EOD/FAA date;" establishes a second tie breaker as "SCD date;" establishes that a lottery may be used as the third tie breaker; provides that individuals have forty-five (45) days to return to the bargaining unit or "NATCA bargaining unit time" is reset to the date they return to the unit. ✪ The policy defines "NATCA Bargaining Unit Time" as "time an individual was or is employed as an air traffic control specialist in either the terminal or center option and in an assigned position as described in the FLRA designation of the NATCA bargaining unit." ✪ The new policy expressly notes that "those individuals that have occupied a position outside of the NATCA bargaining unit prior to the passage of this resolution will not be adversely impacted with these provisions." ✪ Upon the conclusion of Convention, the NATCA National Executive Board issues five pages of guidance on implementation of the new national seniority policy. Article 83 of a new collective bargaining agreement between NATCA and the FAA for the air traffic controller unit maintains that "[s]eniority will be determined by the Union" but drops "at the local level" from the provision. The FLRA certifies NATCA as the exclusive bargaining representative for 1,150 FAA engineers and architects. This is the beginning of NATCA's representation of non-controller units. At the NATCA Convention in Seattle, one-and-a-half days of debate results in the passage of Resolution 98-002 to amend the national seniority policy so as to include only a deduction for any time spent outside the bargaining unit after September 30, 1996 rather than a reset of seniority upon return to the unit. ✪ Resolution 98-058 also passes, requiring the NATCA National Office to administer the national seniority policy and for the National Office to "make known to all NATCA members their national seniority status, and to each local the seniority status of all employees of that local." ✪ Section G of the 1998 NATCA By-Laws is modified accordingly. At the NATCA Convention in Anchorage, no changes are enacted to the national seniority policy. At the NATCA Convention in Cleveland, the Convention delegates approve an amendment to the national seniority policy to require the lottery tie-breaker to occur at the local level. ✪ The Convention delegates also approve an amendment regarding the use of seniority for the leave-bidding process. ✪ All of the seniority provisions are relocated from Section G of the previous By-Laws to Section A of the 2002 NATCA By-Laws. NATCA President John Carr issues seniority guidance on the issue of the accumulation of seniority when assigned to a facility before a scheduled start date at the academy. The guidance provides that: "[A]ny newly hired employees assigned to a position within the air traffic controller unit at a facility for any period of time prior to their scheduled start date at the academy are part of the air traffic controller unit for that period of time and should begin accruing seniority as of their initial date of arrival at the facility. In accordance with the air traffic controller certification, these newly hired employees leave the unit (and accrual of seniority ceases) upon their departure from the facility for the academy and they do not reenter the unit (and resume accrual of seniority) until their return to the facility." ✪ In further clarification of this issue, President Carr later determines that dates for deduction of academy time should be calculated using the SF-50s applicable for the assignment to the academy. NATCA SENIORITY Background on the current national policy developed over the past 20 years

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