A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/857389
LABOR RELATIONS DEPARTMENT NATCA PREVAILS IN ZBW OVERTESTING CASE On Jan. 30, 2017, NATCA arbitrated a substance testing grievance at Boston Center b efore Arbitrator Tim Buckalew. The grievance involved an August 2015 random drug test where the FAA, after realizing it had already tested 24 employees (th e maximum number for the day according to the DOT Drug and Alcohol Testing Guide and the FAA Site Coordinator's Handbook), decided to test two additional employees because the Agency realized it had mistakenly skipped over the two emp loyees' names on the t est list. On July 26, 2017, Arbitrator Buckalew sustained NATCA's grievance, holding that the Agency's conscious decision to test 26 people at ZBW violated Article 73, Sections 1 and 2 of the CBA; DOT Order 3910.1D; and the DOT D rug and Alcohol Testing Gu ide. He found that, contrary to the Agency's argument, this was not a simple "administrative error" which would necessitate the Agency 's acting on the test results. He ordered the Agency to "cease and desist from requiring employees to submit to random sub stance or alcohol testing after collectors have tested the maximum number of employees specified by the random list provided [to] the Drug Program Coordinator and Site Coordinator under DOT Order 3910.1D, the associated Testing Guide and the Site Coordinat or Handbook." Regarding NATCA's argument that the Agency should have destroyed the ill - gotten samples when it realized its mistake, the Arbitrator stated: "The Union's proposal, then and now, is not unreasonable and consistent with the Order, provided the specimens had not shipped." Still, he was reluctant to order cancellation of the tests as a remedy here because the CBA, Order, and Testing Guide are all silent on whether or not des truction of samples is proper. He ordered the parties to "fill the practi cal gaps between the contract and implementation of the substance and alcohol testing program" via the Drug and Alcohol Committee (DAC), consistent with his determinations and the guidance in his decision. NATCA is currently considering the issue of how be st to enforce the decision, prior to addressing implementation with the Agency via the DAC. POCs: New England Region ARVP Kevin Bianchi, Assistant Director of Labor Relations Erina Hammond, and Labor Relations Representative Melinda Kim . BRIEFING REQUEST S On July 28, 2017, NATCA requested a briefing on FAA Order 8100.37, Designated Engine ering Representative Revision. We are currently waiting for a response from the Agency regarding our request. POCs: Labor Relations Representative Melinda Kim and Labor R elations Coordinator Kendal Manson . On July 26, 2017, NATCA requested a briefing on FAA Order JO 7110.113E, Procedures for Issuing Automated Clearances. We are currently in the process of scheduling this matter. POCs: Labor Relation Attorney Suzanne DeFe lice and Labor Relations Coordinator Kendal Manson .