MEMORANDUM OF UNDERSTANDING
between the
FEDERAL AVIATION ADMINISTRATION AIR TRAFFIC
and the
NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION (NATCA)

 

SUBJECT:  Internal Placement Transfers (IPP) under Hardship conditions. This agreement supercedes all previous agreements associated with hardship applications.

PURPOSE:  It is the policy of the union and management to review transfer requests under hardship conditions in an open, fair and expeditious manner and to resolve those requests in the best interests of the employee and agency. This MOU is not intended to address emergency situations that may occur, where the agency determines that immediate action is necessary to protect the health and welfare of the employee and/or immediate family. Transfers under this MOU shall not be constrained by any Facility Release Policy currently in place. The procedures within this MOU apply to bargaining unit employees only.

CATEGORIES: Transfers under verified hardship conditions shall be classified in one of the following three categories and are listed in order of priority.  For the purposes of this MOU, the parties agree that in order to effectively comply with the intent of the definition of a geographic area, employees must provide a list of all facilities and / or cities that will meet the needs of their specific hardship.

CATEGORY I: The medical condition of the employee, the employee's spouse, or dependent children residing in the employee's household requires a geographical move from the employee's present duty station assignment to a geographical area deemed necessary to improve or maintain the health or receive health services.

CATEGORY II: Transfer of an employee to another geographical area, when the employee or employee's spouse is the primary caretaker of a dependent parent, or the medical condition of the parent requires the employee or employee's spouse to relocate.

CATEGORY III: Transfer of an employee in case of an estranged family (divorce) where dependent children are involved and the transfer of an employee to a geographical area would allow the employee to maintain contact with his/her children. Not all situations of separation from children will be considered a hardship. In order to be considered, the geographical separation from the children must have been involuntary. Other factors that should be considered are:

1) has the employee previously used this issue as a hardship;

2) distance and ease of commute;

3) length of time of separation

4) age & health of children

5) unique circumstances

PROCEDURES:  This paragraph states procedures to be used in review and processing of potential hardship transfer. Requests that clearly fall outside the identified hardship categories or those requests which do not include supporting documentation will be returned to the employee with an explanation of the denial and information that the employee can file an IPP through the normal process.

1. Requests for hardship consideration shall include:

(a) A written request from the employee submitted directly to his/her current facility manager, and shall include at least the following:

1) A statement that the employee is requesting an Internal Placement in accordance with the Internal Placement Handbook (IPP) PT. P3330.9 and this MOU.

2) The position(s), grade(s), and geographical area(s) the employee is requesting.

3) The reason(s) justifying the hardship need and all supporting documentation.

4) An Optional Application for Federal Employment Form OF 612, SF-171, or a personal resume, and a copy of the employee's last performance rating.

5) A statement that the employee understands that this hardship transfer is primarily in the interest of the employee and relocation is at no expense to the government.

6) A statement from the employee authorizing the parties to contact the appropriate sources as applicable to the request for the purpose of validating/clarifying any supplied documentation.

2. Processing of requests at the Facility Level Review:

(a) The facility manager and the NATCA facility representative shall meet within 14 calendar days of submission of the hardship request and accomplish the following:

1)      They will ensure that the request falls in one of the three Categories eligible for hardship consideration and that the appropriate documentation is provided. After considering the circumstances, they will make a recommendation and forward an entire package to the Air Traffic Division Manager, and the NATCA Regional Vice-President of the region where the hardship request originated.  This must be accomplished within (7) seven calendar days of making the determination.  

3. Division Level Review:

(a) As soon as a request for hardship transfer and determination is received, the appropriate Division Manager and Regional Vice-President, in accordance with paragraph 2(a)(1), shall be briefed on the determination made at the Facility Level Review.