RANDY BABBITT FAA SUSPENDS NY/NJ/PHL AIRSPACE REDESIGN, INDEFINITELY
Thomas Sullivan
http://indictsturgell.blogspot.com/2009/11/randy-babbitt-faa-suspends-nynjphl.html
BULLETIN!: FAA’s College Drop-Out Failure “DeathGen Babbitt” Beats An Immediate Cowardly 180-Degree Retreat –
BABBITT SUSPENDS NY/NJ/PHL AIRSPACE REDESIGN AND ITS “STAGE 2A” INDEFINITELY
QR Newswire, Thursday November 5, 2009: Embattled college drop-out FAA Administrator J. Randall (Randy) Babbitt beat a hasty retreat through his agency minions late last month – first ordering the move of radar sectors and 24 FAA personnel from New York Center to New York TRACON as part of “Stage 2A” of the “NY/NJ/PHL Airspace Redesign”, then by the same week’s-end immediately thereafter RESCINDING THE SAME ORDER.
In an exclusive report based upon a series of FAA e-mails obtained by Quiet Rockland, Randy Babbitt’s entropic FAA, by written order issued through a Wednesday October 21, 2009 e-mail (see below), sought to realign New York-area air traffic control facilities by a deadline of October 2010, a move in furtherance of FAA’s ill-conceived NY/NJ/PHL Airspace Redesign. The Redesign is a failed federal program hangover of the abysmal Bobby Sturgell FAA and a wasteful US$60,000,000 quagmire - threatening the homes, health, and safety of over 30,000,000 citizens - and leaving northeastern residents and taxpayers similarly furious. NATCA and its air traffic controllers have repeatedly advised Babbitt and FAA that the Redesign will not work. The Redesign sparked litigation initiated by over a dozen northeastern communities now up on appeal before the United States Supreme Court.
Faced with an angry back-lash from NATCA leadership over the proposed personnel and facility move to be made without regard to safety but solely for political and aero-mercantile purposes, Randy Babbitt and his FAA in response effected an immediate Chandelle stunt maneuver – a 180-degree reversal of the Wednesday order, REVOKING the realignment of the New York-area facilities. This Babbitt retreat marks yet another in a seemingly-endless series of sub-human federal agency gaffes in the chaos of FAA’s failed Airspace Redesign. This latest FAA embarrassment has led Congress, aviation insiders, and the American people alike to again seriously question whether college drop-out Randy Babbitt has the grey-matter necessary to continue to serve as the “Administrator” of one of America’s most important federal agencies with life-or-death responsibility relative to the citizens who employ him and pay his salary. Babbitt and FAA are clearly flailing out of any reasonable control.
Most notable in the e-mail correspondence record re-printed below, is the cowardice with which Randy Babbitt and his FAA rescinded his original “order”. Sources confirm to Quiet Rockland that while the original facility realignment order was issued in writing (see below), Randy Babbitt was too ashamed at his own defeat at the hand of NATCA to put his reversal thereof in writing. Instead, Babbitt communicated the reversal to NATCA senior officials only verbally. Babbitt’s reversal on NY Center-to-NY TRACON realignment now suspends Phase 2A and the Airspace Redesign itself, indefinitely, by FAA’s own October 21, 2009 written admission. FAA has yet to re-communicate any proposed revised date for facility realignment or “Stage 2A” of Redesign, leading to speculation that the failed and wasteful NY/NJ/PHL Airspace Redesign may finally be dead-in-the-water - just like the 9 innocent people Babbitt’s FAA allowed to be killed over the Hudson River earlier this summer, and just like the hundreds of additional aviation fatalities that have already occurred on college drop-out Randy Babbitt’s FAA “watch” since he took office in June.
Said Quiet Rockland attorney John J. Tormey III, Esq.: “We’re not only going to lawfully destroy the FAA’s NY/NJ/PHL Airspace Redesign. We’re also going to get the US$60 million back for the American people, no matter how many failed corrupt so-called federal officials we have to take out in the process. Now randy Babbitt’s in play too – and he should govern himself accordingly. I personally assure him that he is over-matched”.
The initial Randy Babbitt facility realignment e-mail order follows below:
“From: ________...@NATCADC.ORG>
Date: October 21, 2009 3:04:50 PM EDT
To: AIRSPACE...@LIST.NATCA.NET
Subject: [AIRSPACE-REDESIGN] Fwd: [REALIGNMENT] FW: Article 46 Notice ZNY to N90
Reply-To: NY/NJ/PHL/ZBW Airspace Redesign Listserve AIRSPACE...@LIST.NATCA.NET
Begin forwarded message:
From: ________...@NATCADC.ORG>
Date: October 21, 2009 3:06:10 PM EDT
Subject: [REALIGNMENT] FW: Article 46 Notice ZNY to N90
Reply-To: National listserv dealing with facility realignments REALI...@LIST.NATCA.NET
--------------------------------------------------------------------------------
From: Carol.E....@faa.gov
Date: Wed, 21 Oct 2009 14:32:42 -0400
To: <_______...@natcadc.org>
Subject: Article 46 Notice ZNY to N90
In accordance with the Parties’ collective bargaining agreement, this is an Article 46 notification that, as part of the Stage 2A of the New York, New Jersey, Philadelphia Airspace Redesign, the FAA will be moving three radar sectors from New York ARTCC to the New York TRACON. This will require the movement of approximately 24 employees. The move is expected to be completed by October 2010.
If you have questions on this matter I can be contacted at 202-267-3606.
Carol McCrarey
AHL-300
The text of the NATCA memorandum confirming Randy Babbitt’s immediate reversal of his FAA’s facility realignment e-mail order, follows below:
Excerpt:
“Starting on Wednesday, the Agency began sending Article 7 and Article 46 notices to RVPS and representatives in the field on moving Boise to SLC, Dayton to Columbus, Rome to Syracuse, Reno to Northern California TRACON and sectors form ZNY to N90 with approximately 24 bodies. Needless to say this did not sit well with members affected in those facilities, NATCA representatives, or staff and leadership. The Agency verbalizes their desire to work collaboratively with NATCA, but continues to act otherwise. We relayed our concerns on these actions with the FAA and they subsequently rescinded the letters. It seems like we take one step forward with them only to be pushed three steps backwards.”
Full text:
From: NATCA Eastern Membership List NEA-M...@LIST.NATCA.NET; on behalf of; __________ [_____________@NATCA.COM]
Date: [NEA-MEMBERS] Team Update Oct25
“This week started out in Oklahoma City at the lunch and dinner “Meet and Greet” with the academy students. Normally both of us will not attend the monthly events in OKC as there is a tremendous amount of work to be done in DC. However, we both attended this month’s gathering because we had planned to meet with the Engineers NATCA represents in Oklahoma City. In addition to the approximately 1,100 Engineers and Architects of Airway Facilities for NAS Implementation under the NATCA umbrella, we also represent approximately 100 Engineers in Oklahoma City. Our Airway Facilities Engineers and Architects for NAS Implementation are responsible for new facility design, construction or remodeling of ATC facilities and replacing aging NAS equipment. Our Engineers in Oklahoma City provide invaluable equipment restoration services for ATC and assist in restoring systems when there is an outage. They also perform site testing and evaluate new systems prior to becoming operational. And, AVN engineering provides essential support for NAVAIDs flight inspections. Unfortunately, we were not able to hold that meeting as planned. We have rescheduled in conjunction with next month’s OKC student Meet and Greet on November 30th. We will meet with the OKC Engineers on Dec. 1st.
Both the lunch and dinner “Meet and Greets” were well attended and the students are very excited to start their careers as air traffic controllers. The energy in the room was so very different from the reception we had been used to receiving over the last several years. The students are getting per diem now and will see pay increases consistent with the job they were hired to do. Monday of the “Meet and Greet” was the first day that the academy relaxed their dress code for students not covered by the redbook. Needless to say, there were many smiles and questions like, “How do I become a facrep” and “what can I do for NATCA and its members to keep things going?” This was a very nice change from two and a half years ago when the students couldn’t afford to pay their bills and were rethinking their decision to take the job.
On Tuesday, we flew to Cleveland to open up the contract briefing for Central and Great Lakes regions. Unfortunately, we did not get to stay long as we needed to get back to the office in DC.
Also on Tuesday, the Parties held a telcon in an attempt to resolve wide spread disputes regarding the implementation of the 2009 collective bargaining agreement. Thanks so much to Phil Barbarello, Eastern region vice president for taking the lead on these issues. Here is the outcome on some of the issues thus far:
· CIC authority for leaving the building
Management had implemented a policy where CICs did not have the authority to approve an employee’s request to leave the building on their break. It was agreed nationally that the collective bargaining agreement authorizes CICs to approve an employee’s request to leave the building on their break.
· Swaps between an employee on a 10 hour day and an employee on an 8 hour day
The agency was refusing to allow a person on compressed (10 hour) day to swap a shift or RDO with a person that works an (8 hour) day. It was agreed nationally that the swap shall be approved if staffing and workload needs of the losing and gaining shift are adequately met and the swap does not result in overtime or violation of the basic workweek. Each employee will continue to work the same length shift they were originally assigned i.e. the person with the 10 hour shift carries the ten hour shift with them in the swap and the person with the eight hour shift carries the eight hour shift
· Core shifts in multiple area facilities
Management can only establish three core shifts for the entire facility unless the Union at the local level agrees to bargain a separate set of three core shifts for different areas. There is no requirement on the Union’s part to bargain separate core shifts at the area level.
· Shift Swaps to shifts other than core or ancillary shifts.
The agency was concerned that approving a shift swap to something other than the identified core shifts or ancillary shifts would constitute a bypass of the collective bargaining agreement. It was agreed that the agency could not schedule an employee to a shift other than the identified core shifts or ancillary shifts but that an employee could request and be granted a change to a non core/ancillary shift.
· Agency Head Review
It was agreed that upon completion of bargaining the parties at the local level must sign their agreement. If management elects to send their agreement to agency head review they can only do so after it is signed. Additionally, management can not complete bargaining and/or come to a meeting of the minds on a local agreement and then send it up for review by any agency official.
· Core Shift start and stop times
The parties agree that management is required to establish core shifts that have a specific start and stop time. They further agree that the basic watch schedule cannot identify multiple core shifts on any particular day.
· Flip flops
Management has made clear that there is no policy prohibiting the wearing of flip flops. The footwear must be neat and clean and not erode public confidence in the professionalism of the bargaining unit workforce.
· Bargaining procedures for employees transitioning into the Basic Watch schedule mid year
It was agreed that management was required to bargain procedures for employees transitioning into the Basic Watch Schedule midyear. This includes developmental controllers transitioning to a CPC schedule.
Issues still under review:
· Article 108 section 4c
The agency is failing to apply certain provisions of the 2009 collective bargaining agreement based on an employees’ hiring date. Specifically, the agency has stated that the provisions of article 108 Section 4C only apply to employees hired on or after October 1, 2009. They are refusing to apply the provisions of article 108 section 4C to employees hired before October 1, 2009. The Union believes that article 108 section 4C applies to all employees who meet the criteria regardless of hiring date. The agency is reconsidering their position.
· Sick Leave worksheets
Numerous facilities are requiring controllers to respond to questions from a worksheet management has created when calling in sick. The Union believes these worksheets are a violation of the 2009 collective bargaining agreement. The agency is reconsidering its position.
· CIC Pay
Management is refusing to pay CIC pay in combined radar/tower facilities when three or more controllers are on duty. The Union believes that when three or more controllers are in the facility there needs to be a CIC in the tracon and a CIC in the tower. Management is reconsidering their position.
· Article 34 maxiflex schedule
The agency is refusing to bargain maxiflex schedules. The Union believes the collective bargaining agreement allows for maxiflex schedules as long as employees don't work more than 40 hours per week. Management is reconsidering their position.
· Article 32, Developmental placement into the Basic Watch Schedule
Management at some facilities is refusing to bargain the placement of developmental controllers into basic watch schedule. The Union contends the 2009 collective bargaining agreement requires negotiations for all employees including developmental controllers. Management is reconsidering their position.
· Article 24, 1 day of leave during the work week = 1 week of prime time leave
The Union believes that this matter is to be bargained at the local level. The agency is reconsidering their position.
· Suffered or Permitted overtime.
The parties at the National level agree that there can be no use of suffered or permitted overtime. The agency believes that scheduling small amounts (10 minutes) of overtime in advance is not considered suffered or permitted overtime. The Union is reviewing this claim. The Union has requested the agency remedy the existing harm. The agency will provide a response shortly.
· Ancillary shifts
The parties cannot come to agreement on a bargaining obligation over the ancillary shifts. Until this is resolved the following procedure should apply. Where the parties at the local level agree on the ancillary shifts associated with the facilities core shifts a ledger should be attached to the basic watch schedule MOU with a statement in the local MOU that states “The attached Ledger identifies the ancillary shifts.” The Union is working on a methodology for dealing with local disagreements over the ancillary shifts.
We are still awaiting an interpretation, elevated by the Agency, from the Arbitrator’s on developmental pay progression, specifically in the four enroute facilities conducting functional training.
Starting on Wednesday, the Agency began sending Article 7 and Article 46 notices to RVPS and representatives in the field on moving Boise to SLC, Dayton to Columbus, Rome to Syracuse, Reno to Northern California TRACON and sectors form ZNY to N90 with approximately 24 bodies. Needless to say this did not sit well with members affected in those facilities, NATCA representatives, or staff and leadership. The Agency verbalizes their desire to work collaboratively with NATCA, but continues to act otherwise. We relayed our concerns on these actions with the FAA and they subsequently rescinded the letters. It seems like we take one step forward with them only to be pushed three steps backwards.
Also of concern this week, approximately 100,000 square miles of airspace was moved from ZSU to ZNY. Our concern was again the non-existent participation by NATCA which resulted in sub-standard training, untimely dissemination of maps and procedures to the workforce, increased workload for ZNY, and insufficient landlines at ZNY. As usual, the controllers will make it work. But that still does not make it right for the FAA to continue to push airspace, procedures, and sub-standard equipment on a workforce that is already stretched too thin.
Speaking of sub-standard equipment…. The Agency is planning to go to ERAM 24 hours at ZLC again next weekend. The Agency continues to forge ahead, knowing that problems still exist with this system. We are still trying to negotiate a National MOU. And we are doing everything we can to be a part of the fix and deployment of this system. The Agency needs to slow down and include NATCA in this project. We have told them this, system users have told them this, Congress and the White House have told them this, yet the Agency is determined to deploy this system into our centers nationwide with or without us. To make matters worse it seems that the FAA would like to declare IOC (Initial Operating Capability) at ZDV and ZMP before it meets the typically required benchmarks for that declaration. The training delay piece is the sticking point holding up the national MOU. It is an issue we will just not give up on. Our trainees have taken enough. And delaying their training without compensating them for those unnecessary delays is just unconscionable.
This week the U.S. Senate approved the conference report for the National Defense Authorization Act for Fiscal Year 2010 (NDAA) by a vote of 68-29. It contains Federal workforce provisions sponsored by Senator Daniel K. Akaka (D-Hawaii) which provide fairness in retirement pay for the roughly 50,000 Federal workers in Hawaii, Alaska, and the Territories. The NDAA will now go to President Obama for his signature to become law. Federal employees in Hawaii, Alaska and the U.S. Territories currently receive a non-foreign cost of living allowance (COLA), which is not taxed, but is also not figured into retirement calculations, resulting in lower retirement pay compared to mainland workers. Federal employees in the contiguous 48 states receive locality pay, which is factored in for retirement. The NDAA agreement will phase in locality pay over three years; COLA will phase out more slowly to offset taxes on locality pay. Senators Akaka, Stevens, Inouye and Murkowski introduced the Non-Foreign Area Retirement Equity Assurance Act (S. 3013) in May 2008. S. 3013 passed out of the Senate, but was not acted on by the House before the end of the 110th Congress. Senator Akaka reintroduced the legislation this year (S. 507) with Senators Inouye, Murkowski and Begich. The Committee on Homeland Security and Governmental Affairs unanimously reported the bill out of committee on April 1, 2009, and Senator Akaka has worked since that time to find legislative vehicles for its enactment.
In addition to including S. 507, NDAA will repeal the National Security Personnel System (NSPS), but will allow DoD and the Office of Personnel Management flexibility for performance management and hiring of DoD civilian employees.
The NDAA conference report also included several other Federal workforce provisions:
Federal Employee Retirement System (FERS) Sick Leave Credit, which allows employees to count unused sick leave toward retirement. This provision will be phased-in over the next four years; Part-time Service Correction, this corrects the calculation of part-time service for Civil Service Retirement System annuities; and
FERS Redeposit, which allows former Federal employees, who paid into the FERS system, but withdrew their contributions upon leaving Federal service, to redeposit those contributions with interest upon reemployment with the Federal Government, and to receive service credit toward their annuities.
There were questions on the BBS about the impact or effect of the NDAA language on the FERS buyback and article 25 of the redbook. Here is the answer from NATCA’s deputy general counsel, Eugene Freedman:
FAA employees are covered by the change to the FERS retirement sick leave calculation in the DOD Authorization because it is an amendment to a section of title 5 USC that is carried over as part of FAA Reform. The exceptions to coverage of this section does not include FAA employees.
The language itself does not override the CBA and they are not in conflict. The language of the DOD Bill is below. The only question is whether bargaining unit employees covered by NATCA's ATC/TMC/NOTAM CBA receive both the 40% payout and the 50% service credit. At a minimum they will receive the 40% payout. The question comes down to what "has not received payment" means. I believe we can make a credible argument that those covered by the provisions should receive both, depending on when the 40% under the contract is actually paid out.
Eugene
The language of the bill is below:
*Subtitle A---General Provisions*
*SEC. 1901. CREDIT FOR UNUSED SICK LEAVE.*
(a) IN GENERAL.---Section 8415 of title 5, United States Code, is amended---(1) by redesignating the second subsection (k) and subsection (l) as subsections (l) and (m), respectively; and (2) in subsection (l) (as so redesignated by 9 paragraph (1))---(A) by striking ''(l) In computing'' and inserting ''(l)(1) In computing''; and (B) by adding at the end the following:
(2)(A) Except as provided in paragraph (1), in computing an annuity under this subchapter, the total service of an employee who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes the applicable percentage of the days of unused sick leave to his credit under a formal leave system and for which days the employee has not received payment, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter.
For purposes of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 under section 6301(2)(x) through (xiii), the days of unused sick leave to his credit include any unused sick leave standing to his credit when he was excepted from such subchapter.
''(B) For purposes of subparagraph (A), the term 'applicable percentage' means---50 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring during the period beginning on the date of enactment of this paragraph and ending on December 31, 2013; and 100 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring after December 31, 2013.''.
On Wednesday and Thursday, approximately 20 facility representatives from the 60 plus NATCA Contract Towers attended training in DC. It was great having them in town and hearing their concerns and ideas for improving the system, NATCA, their facilities, and the quality of life for their members. Here is a podcast from Donald Coard of Fulton County Tower in Georgia who just recently signed up three new members.
REMINDER to federal employees regarding NATCA PAC apparel and the Hatch Act. Under no circumstances, as a federal employee, can you wear any NATCA clothing item, lanyard, button, pin, etc that says anything about the NATCA PAC. The Office of Special Counsel considers this to be a solicitation for the PAC and a violation of the Hatch Act. NATCA recently began giving out black polo shirts with a PAC Man symbol and the words NATCA PAC Leader printed on the chest. These shirts CANNOT be worn in the federal workplace or on duty time. The polo shirts are meant to show PAC support and solidarity at off-site NATCA meetings and gatherings. Please do not wear these polo shirts into work. Additionally, NATCA started giving out maroon t-shirts at the Miami convention. On the front of the t-shirt it says, "I upped my PAC". On the back its says, "Up Yours!". These t-shirts are ALSO a violation of the Hatch Act and cannot be worn at work. If you have any questions about NATCA PAC apparel and/or the Hatch Act, please do not hesitate to your regional NLC member.
Congratulations to Eugene, Oregon for just recently attaining 100% union membership in their local. Credit goes to Dan Potts for his efforts in getting a long time non dues payer to join our team.
Paul Rinaldi and Trish Gilbert
Team Update 10/25/2009
Trish Gilbert
Executive Vice President
National Air Traffic Controllers Association AFL-CIO
(713) 305-3039 Cell
(202) 628-5767 Fax