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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION
AND THE
FEDERAL AVIATION ADMINISTRATION

This agreement is made and entered into by the National Air Traffic Controllers Association (NATCA) and the Federal Aviation Administration (AGENCY). It represents the Parties’ agreement concerning a Fixed Relocation payment for PCS expenses and transfer requests, including transfer requests related to hardships and mutual reassignments. This agreement is the result of workgroup activity in accordance with article 58 section 19 of the parties 1998 Collective Bargaining Agreement.

This Agreement shall be read in conjunction with the parties 1998 Collective Bargaining Agreement and the Reclassification And Associated Pay Rules Memorandum Of Understanding dated July 8th, 1998

This agreement between the National Air Traffic Controller’s Association and the Federal Aviation Administration is approved this February 10, 2000.

TRANSFER REQUESTS:

Section 1. An employee applying for a transfer to a bargaining unit position in another facility shall submit a transfer request. Employees may submit a transfer request at any time, whether or not the employer announces a vacancy. Except as provided in section 2 (governing transfer requests related to hardships) and Section 3 (governing transfer requests related to mutual reassignments) of this Transfer Requests section, there shall be no limitation on the number of levels to which an employee may transfer whether through a vacancy announcement or an employee request for transfer. Transfer requests submitted without a vacancy announcement and those on file prior to the signing of this agreement will remain on file for a period of fifteen (15) months from date of receipt. Prior applicants may be asked to complete the transfer request forms by the receiving facility for the purpose of rating and ranking candidates.

Section 2. Transfer Requests Related to Hardships: When a bargaining unit employee is granted a hardship in accordance with MOU hardship transfers dated November 2, 1995 the following shall apply:

  1. All provisions of the existing hardship MOU will apply except that employee may request hardship placement in the same, lower, or up to three ATC facility grades above their current facility ATC level.
  2. Movement under the provisions of the MOU is strictly for the benefit of the employee and does not entitle the employee to any PCS funds.
  3. The Parties retain the same rights and responsibilities as currently exist in making Hardship determinations.

Section 3. Transfer Requests for Mutual Reassignment:

  1. Transfer requests may be submitted to the same ATC grade level facility, higher or lower grade level facility, but no more than 3 ATC grade levels above the employee's current ATC facility level. Employees may submit a swap transfer request at any time. Submittals made prior to the signing of this agreement will remain active for consideration.
  2. Employees who were assigned to their current facilities as a result of a downgrade for cause or performance are not eligible for mutual reassignment to a higher level facility.
  3. Movement under the provisions of the MOU is strictly for the benefit of the employee and does not entitle the employee to any PCS funds.

Section 4. Transfer Request Forms: The following forms are required for all employee transfer requests.

  1. FAA Form 3330-42 Request for Consideration And Acknowledgment.
  2. FAA Form 3330-43-1 Rating of Air Traffic Experience for AT Transfer Program.

Section 5. Rating Candidates: All transfer request shall be rated at the employee’s current facility or regional office, using the point values listed in Reclassification and Pay MOU Rule #57, dated November 5, 1999, as amended.

Section 6. Ranking Candidates: All transfer requests shall be ranked within their category (e.g., hardships, mutual reassignments) prior to making a selection. Normally, the regional human resource management division will be responsible for ranking candidates. However, it may decentralize this process if they chose to do so.

The ranking official shall:

a. Acknowledge the receipt of transfer requests.

  1. Verify the accuracy of the rating and rank all transfer request. In the case of transfer requests being considered for an announced vacancy, ranking shall be completed within 12 calendar days of the closing date of the announcement.
  2. Determine the Best-Qualified Transfer Candidates.
  3. Transmit the list of best-qualified candidates to the selecting official along with the application of the candidates on the list.
  4. For a single vacancy, the top ten scores plus ties will be certified to the selecting official for consideration.
  5. Three additional names plus tie scores will be certified to the selection official for each additional vacancy.

b. Selections may be made from the best qualified lists for up to 90 days after the list is issued. The list may be extended for up to an additional 90 days upon request by the selecting official.

Section 7. The Parties have a responsibility to the taxpayers to reap maximum benefit from the dollars they spend in training air traffic controllers. In recognition of this duty, and to enhance safety, efficiency and morale, the parties agree to make every effort to fill all vacancies with Certified Professional Controllers who meet the qualifications and who express a desire to relocate to areas where vacancies exist. This policy also insures the greatest return on investment possible for newly hired air traffic controllers who will, as a consequence, generally be placed in lower level ATC facilities where they have a greater opportunity to be successful. Therefore in cases where no funds are required or funds are available to fill a vacancy it shall first be offered to existing Bargaining unit controllers prior to filling the vacancy with new hires.

If the Agency believes it will become necessary to fill vacancies with new entrants or reentrants in an ATC nine (9) or higher level facility, the Agency shall notify NATCA at the National level at which time the parties will meet to explore alternatives to ensure the provisions of this section continue to be met.

Section 8. Selection: When an employee is selected to a position that requires a transfer, he/she shall be provided with a ninety (90) day advance written notice of the date of transfer, unless the employee agrees to an earlier date. In addition, the Agency shall provide the employee with a thirty (30) day extension, upon request, for legitimate reason (i.e. real estate transactions).

FUNDED MOVES:

Section 1. Unless otherwise specified in this Agreement, reimbursement for travel expenses shall be the maximum extent permissible in accordance with the Federal Travel Regulation (FTR), as amended, the Federal Aviation Administration Travel Policy (FAATP), as amended and the parties 1998 Collective Bargaining Agreement. The parties agree that, when management selects a position for a fixed relocation payment, the employee shall receive a fixed relocation payment of $27,000. This section shall apply to all employees who voluntarily transfer from a position within the continental United States (CONUS) to another position within CONUS, which management selects for a fixed relocation payment.

Section 2. Payment for PCS expenses of an employee who voluntarily transfers to or from a position outside CONUS shall be governed by the provisions of the Federal Aviation Administration Travel Policy (FAATP), as amended, and the Collective Bargaining Agreement. When an employee transfers wholly within nonforeign areas, at the election of the employee, a fixed relocation payment in accordance with Funded Moves Section 1 of this agreement may be substituted for PCS expenses.

Section 3. Payment for PCS expenses of an employee who is required to move involuntarily as a result of a facility relocation or closure shall be governed by the provisions of the FAATP, as amended, and the Collective Bargaining Agreement. At the election of the employee, a fixed relocation payment in accordance with Funded Moves Section 1 of this agreement may be substituted for PCS expenses.

Section 4. Payment for PCS expenses of an employee who is eligible for administrative return rights program shall be governed by the provisions of Article 59 of the Collective Bargaining Agreement. Payment for PCS expenses of an employee who is eligible for statutory rights program shall be governed by the provisions of the FAATP, as amended.

Section 5. In the event a Certified Professional Controller (CPC) is unsuccessful in attaining subsequent certification in a facility to which he/she transferred in the interest of career progression, the employer agrees to provide a fixed relocation payment to another bargaining unit position on a one (1) time basis, provided:

  1. The employer desires to retain the employee;
  2. A position and relocation funds are available within the region for such moves. Authorization of relocation funds for other types of moves takes precedent over funding moves under this section; and
  3. The employee is relocating to a facility to which it is primarily in the best interest of the Agency to reassign the employee.

Section 6. For the purpose of this agreement, the official station is the building or air traffic facility to which the employee is permanently assigned. Employees transferring from one official station to another for permanent duty are authorized reimbursement of fixed relocation payments, when the following conditions are met:

  1. Official stations are separated by at least fifty (50) miles;
  2. The commuting distance between the old residence and the new official station is fifty (50) miles greater than the distance to the old official station; and
  3. The commuting distance from the new residence to the new official station is less than the commuting distance from the old residence to the new official station.

Section 7. Employees who accept a funded transfer via a fixed relocation payment, shall be granted excused absence of up to 80 hours for the purpose of relocating his/her permanent residence when the distance between the old and new official duty stations is at least 75 miles. Such absence is not inclusive of any time provides for in Article 29 of the Collective Bargaining Agreement. Reimbursement of expenses is not authorized. Employees will provide justification for the use of this time.

Employees who accept a fixed relocation payment, are not entitled to a funded househunting trip, and consequently, are not eligible for duty time to perform a househunting trip. The employee may use either the excused absence provided in this section or in Article 29 of the Collective Bargaining Agreement to perform an unfunded househunting trip.

For purposes of this paragraph, the term "residence" means "residence" as defined in FAATP § 302-1.18.

FUNDING:

Section 1. FAA shall target 65% of the funds available for payment of Air Traffic PCS expenses for bargaining unit moves. All discretionary and non-discretionary moves paid during the fiscal year shall be included in the percentage calculation. A bargaining unit move is defined as a relocation into or within the bargaining unit. A non-discretionary move is defined as a relocation which is required by:

  1. Statute or regulation;
  2. Judicial decree, arbitration, other settlements; or
  3. A vacancy of a critical position as determined by management.

The percentage shall be calculated by dividing the PCS funds actually obligated for all bargaining unit employees for the current fiscal year by the total obligations for Air Traffic PCS funds for that fiscal year as of the last day of the fiscal year. Involuntary moves (those resulting from facility closures, consolidations, and relocations) shall not be included in the calculations.

Section 2. FAA will determine which positions qualify for relocation payments. Payments shall be in accordance with applicable law, rule, regulation, the Collective Bargaining Agreement and this Memorandum of Understanding. When the Agency issues a vacancy announcement, it shall state on the announcement whether or not relocation payments are authorized for that position(s). If a vacancy is filled without an announcement the Agency shall inform the employee, in writing, whether or not relocation payments are authorized for that position(s).

Section 3. The FAA, at the National level, shall provide NATCA, at the National level, updates on all Air Traffic employee transfers every six (6) months. The update shall contain the following information:

  1. Date of transfer;
  2. Old position;
  3. Old facility or organization;
  4. New position;
  5. New facility or organization;
  6. Status: B-bargaining unit or N-non-bargaining unit; and
  7. Obligated funds.

UNFUNDED MOVES:

Section 1. The FAA may offer employees transfers without payment of PCS expenses, i.e., an unfunded move. The number of unfunded moves FAA may offer is determined as follows:

  1. There shall be no limit on the number of unfunded moves to a facility of equal or lower ATC level.
  2. For Fiscal Year 2000, there shall be no limit on unfunded moves to higher ATC level facilities.
  3. For Fiscal Year 2001 and each successive year, the number of unfunded moves whether by vacancy announcement or not to a higher ATC level facility shall not exceed the number of funded moves from the previous fiscal year. The number of unfunded moves authorized in this section may be modified if FAA and NATCA at the national level agree to such modification.

Section 2. Employees who accept an unfunded transfer to a higher ATC level facility, shall be granted excused absence of up to 80 hours for the purposes of relocating his/her permanent residence when the distance between the old and new official duty stations is at least 75 miles. Such absence is not inclusive of any time provided for in Article 29 of the Collective Bargaining Agreement. Reimbursement of expenses is not authorized. Employees will provide justification for the use of this time.

Employees who accept an unfunded move, are not entitled to a funded househunting trip, and consequently, are not eligible for duty time to perform a househunting trip. The employee may use either the excused absence provided in this section or in Article 29 of the Collective Bargaining Agreement to perform an unfunded househunting trip.

For purposes of this paragraph, the term "residence" means "residence" as defined in FAATP § 302-1.18.

PAYMENT ISSUES:

Section 1. When an employee is authorized a fixed relocation payment, the Agency shall offer the employee the option of using the FAA’s household goods transportation program. FAA will provide the household goods transportation by the most efficient and cost effective commercial household goods broker service. If the employee elects such option, the employer will withhold the estimated transportation costs (as determined by the vendor) plus a reasonable amount (not to exceed 10%) to cover any overages. Upon completion of the transportation of household goods, the employee will receive any amounts in excess of the actual cost of transportation which were temporarily withheld from the employee’s payment.

Section 2. An employee authorized a fixed relocation payment under this agreement will be liable for any tax payments. The FAA will withhold on such payments in accordance with the requirements of the Internal Revenue Code, Treasury regulations, and IRS policy and procedures. If the employee elects to have FAA transport his/her household goods under this agreement, then FAA will not withhold taxes on the payments made to the household goods vendor.

Section 3. An employee authorized a fixed relocation payment under this agreement will receive no further monetary payment for PCS expenses.

Section 4. An employee authorized a fixed relocation payment under this agreement will not be required, by the Agency, to itemize individual expenses or repay any amount which is in excess of actual expenses.

Section 5. An employee who accepts a fixed relocation transfer shall receive his/her payment no later than 30 days prior to the date of transfer. An employee who receives a fixed relocation payment, and subsequently declines the transfer, shall repay the Agency within 30 days of declination.

Section 6. The employee must establish a new residence at the new official station within 24 months. Employees who do not meet this requirement must repay the fixed relocation payment within six (6) months. If the employee moves back to their previous residence they must repay the fixed relocation payment within six (6) months of their return. In the event circumstances cause the employee to return to their previous residence they may request a waiver for expenses incurred in accordance with agency directives. For purposes of this paragraph, the term "residence" means "residence" as defined in FAATP § 302-1.18.

 

DURATION:

This agreement shall remain in effect throughout the term of the 1998 FAA/NATCA Collective Bargaining Agreement, and shall be automatically renewed for additional periods of one (1) year unless either Party gives written notice to the other of its desire to amend or terminate this Agreement. This Agreement shall remain in full force and effect until a new Agreement is reached. Either party may reopen this Agreement after September 15, 2001.

 

For NATCA:
Mike McNally
President, NATCA

 

For the Agency:
Ron Morgan
Director, Air Traffic Service (AAT-1)

Date: _____________