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The Delegate: Issue 2

A publication of the National Air Traffic Controllers Association

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THE DELEGATE FRIDAY, SEPTEMBER 2, 2016 3 Also heard on the second day were resolutions R16-09 and R16-16 related to ensuring that NATCA leadership advocates for indemnification for employees from individual tort liability for acts within the scope of their employment. Executive Vice President Trish Gilbert stood in support and NATCA Special Counsel to the President Eugene Freedman explained the legal intricacies between private sector indemnification and Federal Tort Claims Act protections for federal employees. R16-16 passed with resounding support. The body also held spirited debates on R16-03 (which would have limited a local's ability to use bank cards) and R16-14 (which was aimed at making all reasonable efforts for contract teams to obtain seniority provisions in each CBA including for Federal Contract Towers). These resolutions were defeated by 2/3 voice vote. The following uncontroversial resolutions passed by voice vote: R16-01; R16-02; R16-05; R16-07. The following resolutions were withdrawn or were deemed out of order: R16-10; R16-13; R16-15. On Wednesday, the convention body began consideration of the package of 34 proposed amendments. The first order of business was a National Safety Committee (NSC)- sponsored amendment, A16-01, to restructure NSC membership positions by subject matter expertise rather than by facility type. Debate centered on whether the language was flawed because it could result in a committee that was comprised entirely of En Route or Terminal representatives. However, NSC Chairman Steve Hansen explained that was not the intent and was unlikely to happen. Following debate, the amendment passed by 2/3 voice vote. The National Constitution Committee sponsored A16-02 and proposed to add a new Section 11 to Article V of the Constitution to allow for flexibility to attend national committee meetings via electronic means. This uncontroversial amendment passed by 2/3 voice vote. A16-04 proposed to amend Article VII, Section 2, and was the first highly-debated amendment of the day. It would have required all candidates running for Regional Vice President (RVP) to be assigned to a facility of record within the region for which he or she is running. A point of information was asked and clarified that this amendment would not affect the President's ability to appoint replacements for RVPs who leave the position mid-term. The rigorous debate then centered on how this amendment was unnecessary since each member's vote in an RVP election was his or her opportunity to voice their opposition to such a situation. The amendment was defeated by 2/3 voice vote. A16-06 was proposed to amend Article VII, Section 6, to limit all national officers to a maximum of three (3) terms in office. The limited debate on this topic was highlighted by former NATCA President John Carr, who explained that "national elections are your term limits," and if members are not satisfied with the performance of national officers that they have an opportunity every three years to do something about it. The amendment was defeated by 2/3 voice vote. The National Election Committee sponsored A16-07 to amend Article VII, Section 10, in order to clarify that local elections may be determined by a plurality of eligible votes unless expressly precluded by the local constitution. This amendment easily passed by 2/3 voice vote. Amendment A16-09, was proposed to amend Article X, Section 8, which would have required locals to have a minimum of one (1) membership meeting per quarter, as opposed to the current two (2) meetings per year. Numerous members stood in opposition, explaining that local meeting frequency should not be micromanaged at the national level, and that if you are not satisfied you should vote out your FacRep. Another opposing position highlighted use of electronic communication as an alternative to additional membership meetings. Those who supported it argued that it is the FacRep's job to stand in front of the members and listen to their ideas and opinions. Ultimately, the amendment was defeated by 2/3 voice vote. A16-11 was aimed at cleaning up some redundant loophole language in Article XIV, Section 6. This amendment passed by 2/3 standing vote. A16-14, proposed to amend Article XV, Section 1, and was the first significantly debated seniority provision. Western Pacific RVP Ham Ghaffari, himself a retired United States Marine, stood in opposition, stating that he "did not serve" his country in order to "gain from that service." Many other veterans – who would have benefited from this provision – stood in opposition and echoed Ham's sentiment and added that such a provision would divide the union and threaten solidarity. This amendment was defeated by 2/3 voice vote. For similar reasons, A16-19 (on seniority for veterans) was also defeated by 2/3 voice vote. A16-17 and A16-20, which were also proposals to amend seniority, were minimally debated and were soundly defeated by 2/3 voice vote. The most hotly contested and spirited debate centered on A16-23, which proposed to amend Article XV, Section 3, on seniority. In particular, it would have narrowed the number of supervisors and managers who have their seniority reduced to zero after leaving the bargaining unit to take management positions to only those who left between Sept. 12, 2008 and Sept. 30, 2009. The intent was to continue to punish supervisors who left the unit during the "White Book" years and to not punish anyone who takes a management position for a limited time, which is more common in Region X. ✪ continued from page 1

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