Shooting ourselves in the foot

davewjunior Newcomer

Here is the important text of HR915 which has already passed through the House and is in the Senate right now. This bill automatically brings us back to the PREVIOUS RATIFIED AGREEMENT (green book) WITH BACK PAY.

However (this is VERY important), the last paragraph states that, if we have a new ratified agreement prior to the passing of this bill into law, that the new agreement will supercede this bill. This bill puts everyone on the old payscale, with pay adjustments, and backpay, AND they don't take back overpayments to "A" scale CPC's who got lump sum payments. Is our new "contract" that they're hammering out right now going to be better than THAT?! I doubt it. Enjoy!

(b) Application- On and after the date of enactment of this Act, any changes implemented by the Administrator of the Federal Aviation Administration on and after July 10, 2005, under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the exclusive bargaining representative of the employees of the Administration certified under section 7111 of title 5, United States Code, shall be null and void and the parties shall be governed by their last mutual agreement before the implementation of such changes. The Administrator and the bargaining representative shall resume negotiations promptly, and, subject to subsection (c), their last mutual agreement shall be in effect until a new contract is adopted by the Administrator and the bargaining representative. If an agreement is not reached within 45 days after the date on which negotiations resume, the Administrator and the bargaining representative shall submit their issues in controversy to the Federal Service Impasses Panel in accordance with section 7119 of title 5, United States Code, for binding arbitration in accordance with paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section).

(c) Savings Clause- All cost of living adjustments and other pay increases, lump sum payments to employees, and leave and other benefit accruals implemented as part of the changes referred to in subsection (b) may not be reversed unless such reversal is part of the calculation of back pay under subsection (d). The Administrator shall waive any overpayment paid to, and not collect any funds for such overpayment, from former employees of the Administration who received lump sum payments prior to their separation from the Administration.

(d) Back Pay-

(1) IN GENERAL- Employees subject to changes referred to in subsection (b) that are determined to be null and void under subsection (b) shall be eligible for pay that the employees would have received under the last mutual agreement between the Administrator and the exclusive bargaining representative of such employees before the date of enactment of this Act and any changes were implemented without agreement of the bargaining representative. The Administrator shall pay the employees such pay subject to the availability of amounts appropriated to carry out this subsection. If the appropriated funds do not cover all claims of the employees for such pay, the Administrator and the bargaining representative, pursuant to negotiations conducted in accordance with section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section), shall determine the allocation of the appropriated funds among the employees on a pro rata basis.

(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $20,000,000 to carry out this subsection.

(e) Interim Agreement- If the Administrator and the exclusive bargaining representative of the employees subject to the changes referred to in subsection (b) reach a final and binding agreement with respect to such changes before the date of enactment of this Act, such agreement shall supersede any changes implemented by the Administrator under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the bargaining representative, and subsections (b) and (c) shall not take effect.

MusicMan81 Junior Member OKC

Thanks for the info. Will us new hires just starting be raised to the old payscale?

davewjunior Newcomer

Under HR915, yes. And you'd progress through the developmental pay raises under the old system instead of the new slower system. I guess we'll have to wait and see what happens with the mediation.
On the plus side though, the FAA and NATCA both know about HR915, so I'm sure with the possible passage of this bill hanging over their heads, the FAA (and the mediation team) is going to give a little more that they normally would have. Just my guess.
I'm really surprised that we all haven't heard more about HR915.

MusicMan81 Junior Member OKC

I'm very interested to see how this all shakes out. I've read that the old payscale was about 30% more than the current scale. Is that true as far as you know?

Mizzou80 Trusted Member

I dont think we're shooting ourselves in the foot at all. They have been trying to pass the FAA Re-authorization act for how many years now? This isnt the first time this has come up. My understanding is that the house has never been the problem, it's getting it pushed through the senate which is holding everything up. I wouldnt hold my breath on anything getting solved in congress but hey, I guess you never know.

ATCinWI Senior Member Illinois

Exactly . . . our language has to survive conference, then pass the senate with, I believe, 60 votes. We only had 59 Ds in the senate without counting Al Franken from Minnesota when we went back to the negotiating table. It is a gamble either way, but what we're doing now is definitely going to be faster.

Cirrus12 Epic Member So. NH

I've been looking around but couldn't find it. Is the old pay scale on here somewhere?

Pants81 Trusted Member Indiana

Interesting....So, I am not sure but if this passes then what will happen? New pay scale, dress code, working conditions??? What does this mean for management? Does their pay go up or down? I am just curious. Are managers apart of NATCA as well? I guess if controllers pay goes up or down and new work rules take place do managers, hr, meteorologist , TMU, controllers all feel it? Nothing against any one else or department, I was just wondering.

polo708 Epic Member tower

It always passes the House and always gets turned down by the Senate...

davewjunior Newcomer

These are the paragraphs that would bring back the old payscale.

"parties shall be governed by their last mutual agreement before the implementation of such changes"
"Employees subject to changes referred to in subsection (b) that are determined to be null and void under subsection (b) shall be eligible for pay that the employees would have received under the last mutual agreement between the Administrator and the exclusive bargaining representative of such employees before the date of enactment of this Act and any changes were implemented without agreement of the bargaining representative"
As far as the differences between the old and new payscales: I work in a level 12 center. A friend of mine who checked out 1 week before the new payscale now makes $137,000 salary (with locality). Our first controller who checked out after the new payscale (less than 3 months later) now makes $102,000.