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National Office Week in Review: April 26, 2017

A publication of the National Air Traffic Controllers Association

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NATCA NATIONAL OFFICE DEPARTMENTAL WEEK IN REVIEW April 8 - 21 , 2017 LABOR RELATIONS DEPARTMENT Week of April 15 - 21, 2017 NATCA PREVAILS IN MILITARY/DOD CONTROLLERS' PAY CASE On February 24 and 25, 2016, before Arbitrator Kathy Eisenmenger in Anchorage, Alaska, NATCA arbitrated a contract interpretation case over the language in Article 108, Section 4.C of the Red Book, whereby incoming military or DoD controllers with "52 consecutive weeks experience as a certified air traffic controller" are due pay at the lowest Developmental pay level when they join their facilities, rather than Academy Graduate level pay, as an acknowledgement of the ex perience they bring to the FAA. The parties submitted legal briefs on April 22, 2016. In a decision dated April 19, 2017, the Arbitr ator decided in NATCA's favor. She agreed with NATCA's argument that the phrase "52 consecutive weeks experience as a certified air traffic controller" meant 52 consecutive weeks of certification, rather than 52 consecutive weeks of wor king full time with no breaks. The Arbitrator ordered the FAA to correct the Grievant's pay rate retroactively to May 30, 2014. In addition to the specific grievance at issue here, the parties have several other grievances held in abeya nce pending the outcome of this case. The grievances involve interpretation of the same language of the CBA, but the fact pattern is unique to each grievance. If the Agency does not appeal, o r when any appeal of Arbitrator Eisenmenger 's decision is resolved, NATCA will reach o ut to the Agency to begin settling the other grievances. POCs: Director of Labor Relations Ryan Smith, Assistant Director of Labor Relations Erina Hammond, and former Alaskan RVP Scot Morrison . FAA OCCUPATIONAL SAFETY AND HEALTH ORDER 3900.19C On April 19 , 2017, the Agency briefed NATCA regarding an updated version of its Occupational Safety an d Health (OSH) Order 3900.19C. Order 3900.19C updates Order 3900.19B, which was promulgated in 1999. The Agency claimed that the update reorganizes the Order chapter s to correspond to the regulatory parts and subparts in OSHA regulations; replaces Agency organizational nomenclature with standardized regulatory roles and responsibilities so the Order does not become outdated due to Agency organizational changes; and in corporates OSHA program management guidelines as core OSH policy principals. Additionally, the Order continues to allow Lines of Business, Staff Offices, and sub - Organizations to issue more restrictive requirements and processes. During the briefing, NATC A expressed its frustration that the Agency changed this Order without involving NATCA, even though Order 3900.19B said that changes would be made in coordination with stakeholders. NATCA also pressed the Agency on the elimination of specific programs that were contained in Order 3900.19B but are absent in

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