MEMORANDUM OF UNDERSTANDING

BETWEEN THE

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION

AND THE

FEDERAL AVIATION ADMINISTRATION

This agreement is made by and between the National Air Traffic Controllers Association ("NATCA" or "the Union") and the Federal Aviation Administration ("FAA" or "the Agency"), collectively known as "the Parties." This agreement represents the complete understanding of the Parties at the national level concerning the collective bargaining agreement (the "CBA") between the Union and the Agency covering all, or in part, the air traffic controller, NOTAM, and TMC/TMS bargaining units. The CBA incorporates three components: the Work Rules Agreement, dated September, 1998, February, 2001 and September, 2001; the Principal Memorandum of Agreement dated July 9, 1998; and the Memorandum of Understanding with Respect to Reclassification and Associated Pay Rules, dated July 8, 1998, as amended. All three components of the (CBA) apply to the controller bargaining unit. The parties further agree that, except as modified by this MOU, the July 9, 1998 Memorandum of Agreement and the July 8, 1998 Memorandum of Understanding, and all provisions contained therein, are subject to Article 106, as amended of the Collective Bargaining Agreement. Only the Work Rules component applies to the TMC\TMS and NOTAM units.

SECTION 1. The Parties agree that Pay Rules 40, 42, 43, 44, 47, 51, 52 and the NAR MOU are amended as attached. All changes to these pay rules are effective with the signing of this agreement.  (my note...see intent agreement that makes pay rule 51 effective prospectively...."the provisions on setting pay for training failures who do not check out at a higher level facility are applicable to employees selected for a position at a higher level facility on or after the signing date of the extension agreement."

SECTION 2. The Parties agree that Pay Rules 46 and 59 are deleted. All changes to these pay rules are prospective in impact and are effective with the signing of this agreement.

SECTION 3. The Parties have agreed to amend certain MOUs as attached.

SECTION 4. The Parties have agreed to the attached SCI process.

SECTION 5. The Parties’ national staffing agreement contained in the Principal Memorandum of Agreement is not covered by this MOU and shall not be extended by this MOU. Any change to allocations of bargaining unit positions at the National, Regional or local level will require the parties at the corresponding level to renegotiate the distribution of bargaining unit positions in accordance with article 94 of the collective bargaining agreement.

SECTION 6. This agreement does not constitute a waiver of any right guaranteed by law, rule, regulation or contract on behalf of either party.

SECTION 7: The parties agree that Article 17 duties are part of the job of an air traffic controller. A facility plan must include a method for management assigning work in cases where no interest is indicated.

Section 8: Except as modified by this MOU, The parties agree to amend Article 106, Section 1 to extend the fixed term of the CBA to September 15, 2005 for the air traffic controller bargaining unit.

For the TMC\TMS and NOTAM bargaining units, the fixed term of the Work Rules Agreement only is extended as described above. Within the next 90 days the parties will meet to negotiate Pay Rules for the TMC\TMS bargaining units.

For the Union:                                      For the Agency:

[original signed]                                   [original signed]

______________________________    _________________________

John S. Carr                                         Marion Blakey

President                                              Administrator

National Air Traffic Controllers               Federal Aviation Administration  

Association 

This agreement is made and entered into by the National Air Traffic Controllers Association (NATCA) and the Federal Aviation Administration (Agency) in the matters of controller pay definitions, applications, and policies, in association with the ATC Facility Reclassification project.

This Memorandum of Understanding shall be read in conjunction with the Principal Memorandum of Agreement dated July 9, 1998.

The parties agree that any new pay/reclassification issues that surface subsequent to the signing of this agreement will be mutually addressed and resolved.

This agreement between the National Air traffic Controllers’ Association and the Federal Aviation Administration is approved this 8th day of July, 1998.

 Original Signed

--------------------------------------------------

Raymond B. Thoman

Program Director, Labor and Employee Relations

Federal Aviation Administration

 Original Signed

--------------------------------------------------

Mike McNally

President

National Air traffic Controllers’ Association, AFL-CIO

1. Organizational Success Increase (OSI). The amount of OSI shall be the same as the rest of the Agency OR the government-wide general increase and 50% of the step pool, whichever is greater. See rule 37 for distribution of payment.

 

2. Superior Contribution Increase (SCI). The amount of the SCI will be 50% of the step pool plus the QSI Pool OR the same percentage as that identified for the rest of the Agency, whichever is greater. See rule 38 for distribution of payment.

3. Step Pool. Currently, the annual increase in the average controller pay rate resulting from step increases is 1.6%. However, since the average step increase is in effect for only six months during the fiscal year for which it becomes effective, the cost increase is 0.8% in that fiscal year. The step pool will be sufficient to provide a 1.6% increase in the average pay rate for all members of the bargaining unit.

One-half of the 1.6% goes towards the OSI (.8%). The other one-half of the 1.6% goes towards the SCI (.8%). The step pool is 1.6% of the NATCA bargaining unit PC&B. This money is from the old step pool (money the Agency used to spend on steps) and not part of the 200 million. It is used to fund the 1.6% increase in June.

 

4. Pay Elements. All elements of the OSI and the SCI are annual increases in addition to the $200 million settlement addressed in the NATCA /FAA contractual MOU.

 

5. Quality Step Increase Pool. The specific dollar amount (pool) that is reserved annually by the Agency for administration to the bargaining unit in recognition of specific events. This specific funding level for the new pay system will be determined by mutual agreement of the parties within 90 days of this agreement. This pool represents the second component of the SCI. The amount of money in this pool is negligible.

 

6. January Pay Increase. The OSI for the NATCA bargaining unit minus 0.8% (50% of the step pool) will be administered annually during the first full pay period in January of each fiscal year. See rule 37 for distribution of payment.

 

7. June Pay Increase. The SCI plus the remaining 0.8% of the OSI (50% of the step pool) will be administered annually. This increase will be effective with pay period 99-17 which begins August 1. 1999; effective with pay period 00-14 which begins June 18, 2000; and effective the beginning of pay period 01-14 of 2001 forward.

See rule 38 for distribution of payment. This payment was originally going to be paid in April of each year. The original grades resulted in us being slightly over the agreed upon 200 million. By mutually changing the effective date of the 1.6% increase we were able to reduce the cost inside the 200 million dollar limit without having to change pay bands. See OSI/SCI MOU dated April 22, 1999 here.

 

8. Annual Adjustment of Pay Bands. The pay bands established for each ATC facility level will be increased by the January Pay Increase. Additionally, the pay bands will be adjusted by the deferred 0.8% for bargaining unit employees as described in paragraph 7 above.  The resulting base pay will be used in calculating all differentials, premiums, retirement and appropriate pay benefits.  See rule 33 for Pay Retention Rules. The pay bands are going to change twice each year, once in January and once in June. Note: Until completion of transition, the pay bands will also change with the October changes in pay. (See paragraph #35)

 

9. COLA Pay/Post Differential. Eligible bargaining unit members will continue to receive COLA Pay/Post Differential as defined by statute and as currently administered outside the contiguous 48 states.

 

10. Locality Pay. Eligible bargaining unit members will continue to receive locality pay and will have their locality pay increased annually consistent with government wide changes (Title 5) coincidental with the January pay increase.

This is in addition to the OSI increase.

 

11. Cost of Living Differential (COLD) is defined as a pay allowance that will be granted to certain members of the bargaining unit who are employed in recognized, independently defined high cost of living areas. The COLD pay element may be administered bi-weekly, or quarterly or annually in lump sum. Cold will be a percentage of base pay and will rise with increases in base pay.

 

12. Premium Pay. Bargaining unit members will continue to receive all Premium Pay percentages and differentials as are currently administered in connection with holidays, night differential, Sundays, COLA, Post Differentials, operational currency, on-the-job training, meal breaks and any other premiums/differentials in accordance with applicable laws, regulations, or the parties collective bargaining agreement.

 

13. Overtime Pay. Bargaining unit members will continue to receive Overtime Pay as defined by the negotiated agreement.

 

14. Transition Pay Basis is defined as the employee’s current base pay plus applicable locality pay plus ATRA plus IIP/Demonstration Pay (if applicable).

 

15. Target Base Pay is defined as the pay figure used to determine the dollar amount of increase to base pay an employee will receive during the conversion from the FG pay schedule to the ATC pay system. Pay retention rules will apply from the time of initial conversion for those employees whose target base pay exceeds the maximum of the ATC level pay band to which assigned.

 

16. Base Pay is defined as the employee’s ATC pay rate including applicable locality adjustment.

 

17. The Classification Index (CI) is defined as the numerical index derived from the classification formula that is used to determine the ATC facility level.

 

18. The ATC Classification Level is determined by the classification index and ATC level break points which establish associated pay bands within which individual facilities are assigned. Field ATC facility levels range from ATC-3 through ATC-12, with additional expansion levels available at ATC-13 and ATC-14.

Specific sets of break points are established by the joint NATCA/FAA Classification Work Group for each of the eight categories of facilities. See the break points here.

 

19. Certified Professional Controller (CPC). This title applies exclusively to a civilian Air Traffic Control Specialist who is or has been facility certified in the terminal/en route air traffic control option in the Air Traffic Service, and who is currently engaged exclusively in the separation and control of live air traffic in terminal/en route facilities in the Air Traffic Service. Once facility certified in the terminal/en route option within the Air Traffic Service, a controller retains the CPC title as long as he/she remains in or regains this ATC career status.

This means that former FPL/CPC in a terminal/en route option in the Air Traffic Service regains their FPL/CPC status immediately upon return to the bargaining unit. Facility certification includes area certifications, if appropriate.

 

20. Bargaining Unit. Certified Professional Controllers are employees of the Air Traffic Service whose primary duty is the separation and control of live air traffic in terminal and enroute facilities. This includes all Developmental Controllers upon reporting to terminal/enroute facilities either upon successful completion of the FAA Academy or upon direct report after entry to the Air Traffic Service.

 

21. Developmental Air Traffic Controller. An air traffic controller in training at a field facility who has never been facility certified in the terminal/en route option in an air traffic control facility in the Air Traffic Service and therefore has never attained the Certified Professional Controller (CPC) level.

 

22. A New Entrant is an individual who has never been employed by the Air Traffic Service as an Air Traffic Control Specialist in the terminal/en route option.

 

23. A New Hire is an individual who has never held an appointment in the Federal government.

 

24. Position Description is a document describing the duties and responsibilities of the CPC and Developmental Controller/Trainee within a specific facility category. One generic CPC position description will be assigned to each category of air traffic control facility (8), and a separate position description for all Developmental Controllers (1) and New Hires/New Entrants (1). There are a total of 10 position descriptions for the bargaining unit air traffic control workforce.

 

25. A Re-entrant into the Terminal/En Route Option:

1. CPC — an individual who is not currently employed as an Air Traffic Controller by the Air Traffic Service but was previously an FPL/CPC Air Traffic Controller in the in the Air Traffic Service terminal/en route option.
2. Developmental Air traffic Controller — an individual who is not currently employed as an Air Traffic Controller by the Air Traffic Service, but was previously a developmental controller or a trainee in the Air Traffic Service, including those at the FAA Academy, in the terminal/en route option.

26. MSS Positions: Manager, Supervisor and Staff (MSS) level are being established for various categories of positions. These levels are referred to by an identifier of MSS-X. MSS-1 includes facility staff specialists and MSS-2 includes facility operational supervisors.

 

27. A Promotion is defined as:

1. movement from Academy completion into the first developmental stage.
2. movement from the final developmental stage into the CPC position.
3. movement from the CPC position to a MSS-2 or higher position.

Note - movement by a CPC to a higher level ATC facility, or by a CPC to a MSS-1 (facility) staff position is NOT considered a promotion but rather a transfer. See Transfer.

"27a" means completion of the FAA Academy is the promotion. Movement through the developmental stages is not a promotion.

 

28. A Temporary Promotion is defined as movement from a CPC to MSS-2 or higher position for a temporary period of time.

 

29. A Demotion (not applicable within/from CPC career level) is defined as movement from a MSS-2 position or higher into a CPC position.

Note - movement to a lower level ATC facility, or out of a MSS-1 (facility) staff position to a CPC position is NOT considered a demotion: it is a transfer. See Transfer.

 

30. A Transfer is defined as any movement of a CPC or Developmental Air Traffic Controller in the terminal/en route option to another CPC or Developmental Controller position at the same, lower or higher ATC facility level. This includes bids, swaps and internal placements. Movement between a CPC position and a MSS-1 staff position is a transfer, both inter and intra facility. There are five kinds of transfers:

1. transfer to a higher level facility.
2. voluntary transfer to a lower level facility.
3. voluntary transfer to the same level facility.
4. involuntary transfer to a lower level facility for performance.
5. either voluntary or involuntary transfer to MSS-1 facility staff position.

31. Unsuccessful Training. The inability to successfully conclude an air traffic control training program in either a terminal or enroute facility in the Air Traffic Service. There are three (3) scenarios applicable to unsuccessful training:

1. Developmental — initial certification attempt(s) at a terminal/enroute facility(s) with the purpose of attaining Certified Professional Controller status.
2. CPC re-certification — the attempt by a Certified Professional Controller at a terminal/enroute facility to regain fully certified status due to a certification loss at his/her present facility. (e.g. medical disqualification, loss of currency, or performance).
3. CPC certification — subsequent certification by a Certified Professional Controller upon reporting to a new terminal/enroute facility.

32. Developmental Air Traffic Controller Training Stages. Each terminal and enroute air traffic control facility shall contain from two to four training stages for Developmental Air Traffic Controllers dependent on the complexity and number of operating positions within the facility. These Training Stages also determine developmental pay setting. See Prib 21A here for a complete list of Developmental Training Requirements.  There are two files...one is an Excel Table and the other is a word document.  Additionally, the FG Grade levels have been replaced by ATC Level (A-N) and the second letter you'll notice is the Career Level (A-L).  To see a Table that shows you what letters mean what click here.

 

33. Pay Retention applies to eligible employees whose base pay exceeds the applicable pay band. When an employee is in retained pay status, he/she shall receive ½ of the OSI increase for which eligible until such time that the employee’s base pay falls within the facility level pay band. The retained base pay shall be the basis for calculating all differentials, retirement and pay benefits. An employee in retained pay status shall receive any SCI increase for which he/she is eligible in a lump sum payment.

 

34. ATC Facility Level Retention. If an employee is assigned to a facility that is reclassified to a lower ATC level, base pay will be retained at the higher ATC level (including all OSI and SCI increases for which the employee is eligible) for two (2) years, beginning the first full pay period after the action is taken.

After two (2) years the employee’s current base pay will be placed in the lower ATC facility level pay band. If the employee’s current base pay exceeds the top of the new level pay band, the employee shall be in pay retention status. If during the two (2) year period the facility is reclassified to its original ATC facility level, there will be no change in the employee’s base pay.

Note - a voluntary transfer out of the facility during the two (2) year period negates ATC Facility Level Retention. Eligibility for ATC Facility Level Retention is based solely on the employee's position of record at the time of the reclassification of the facility.

 

35. CPC Conversion from the FG Pay Schedules to the ATC Pay Levels. Effective October 1, 1998, the following steps will be taken to transition bargaining unit employees to the ATC pay system. It is understood that the pay targets established under these rules will not be changed unless required to accommodate distribution of the $200 million dollars as specified in paragraph 5 of the Principal MOA.

Step 1: Establish the percentage difference between each employee’s current FG grade and step above the current FG grade step1 for their assigned facility (including locality).

Step 2: Multiply the minimum base pay of the assigned ATC level pay band by that percentage. Add that figure to the minimum of the pay band to establish each employees target base pay. If the employee’s target base pay does not exceed their current base pay by a minimum of 9.1%, the employee’s target base pay will be adjusted upward to meet this minimum.  See the Target Pay Bands here.  There are two files one is the excel sheet of target pay numbers Appendix One and the other is the Appendix One MOU

Each employee’s target base pay will be transitioned in three phases to reach the target base pay.

Year 1: Determine the first transitional base pay for each employee by:

1. Add 4.1% (ATRA) to each employees base pay (FG grade, step plus locality);
2. Add any applicable IIP and/or Pay Demonstration entitlement; then,
3. Subtract the transition base pay from the target base pay to determine the amount of increase in base pay to be apportioned over the three years of the transition. Determine the amount to be apportioned in each year by the following approximate percentages: Year 1=32.094%, Year 2=36.785%, Year 3=31.121% (totaling 100%). Add the year one increment to the transition pay base to determine the year one base pay; and,
4. Add (A), (B) and (C) to determine the first transitional base pay, retroactive to October 1, 1998.

Year 2: Add the identified dollar amount (Year 2(C)) to employee’s base pay in the first full pay period of fiscal year 2000.

Year 3: Add the identified dollar amount (Year 3(C)) to employee’s base pay in the first full pay period of fiscal year 2001.

Appendix 1 of this MOU contains the pay table for converting those at the FPL Grade, as of October 1, 1998 to the new ATC pay system.

Note: The dollar amount of increase determined by year 1 (step C) above is a fixed dollar amount that will not change even if the employee transfers to a higher, lower or same ATC level facility during the transition to the target base pay period (3 years).

This section was amended to provide for a pay cap of 40% above band for those converted that were already above the pay band. They could exceed the ATC pay band only to the extent necessary to ensure the minimum 9.1% increase.  See the 40% Cap Conversion MOU here.

Note: Facilities currently classified as Level 1, and that are scheduled to be contracted out by end of fiscal year 1998, will not be classified within the new ATC levels. Those facilities will be treated in accordance with current pay policies with the exception that their base pay will be increased by 5% in the first year.

This section was amended to provide the 4.1% ATRA roll-in for the level one towers.  See the 4.1% ATRA Rollin MOU here.  This resulted in the Level One towers that did not transition to the ATC system receiving 9.1% retroactive to October 1, 1998.  They also remained in the FG Step System.

 

36. Developmental Air Traffic Controllers Conversion from the FG Pay schedules to the ATC Pay Levels. Upon transition from the FG pay system to the new ATC pay system, Developmental Air Traffic Controllers will receive the same percentage increase received by the step one FPL/CPC in the facility upon conversion. This figure will not exceed the total dollar increase received by the step one FPL/CPC. At this point the Developmental Air Traffic Controllers also merge into the defined facility training (stage) program and receive subsequent pay increases according to completion of these training stages.

To determine the developmental’s target base pay:

1. Determine percentage increase for the FPL/CPC Step 1 by subtracting the transitional base pay from the target base pay to get the dollar increase. Then divide the dollar increase by the transitional base pay to get the percentage increase.
2. Multiply this percentage by the developmental’s transitional base pay to determine the target base pay
3. Follow Step 2 in paragraph #35

Originally everyone not at the FPL grade was going to Transition as developmentals. However, after October 1, 1998 the new rules treat Re-entrants and CPC transfers differently (Re-entrants go to band min and CPC Transfers get half on the go) NATCA attempted to get the same treatment for those Re-entrants and CPC transfers in place as of October 1, 1998. The Agency would not move to those rules without charging the additional funds to the $200 million. Since we already moved the April pay increase to June it would have required lowering all the pay bands to spend the 20 plus million the Agency was trying to get. We felt this was career progression and not part of the 200 million. The result of the negotiations is the Transition Agreement for CPCs in Training and Re-entrants both that were not at the FPL grade as of October 1, 1998. See the April 22, 1999 Transition Agreement MOU.

 

37. OSI Distribution. Bargaining unit employees will receive a portion of the annual OSI increase to base pay effective the first full pay period in January of each fiscal year unless negotiated otherwise. All ATC bargaining unit employees base pay shall be adjusted upward by the greater amount of the following:

1. the Agency OSI (minus 0.8% to be administered in June of the same fiscal year); OR,
2. the General Increase (plus 0.8% to be administered in June of the same fiscal year).

As you can see if we look at the 2001 OSI. The Agency declared 2.7% plus 1% for a total of 3.7% OSI. So the calculations in A above for 2001 would be 3.7% minus .8 deferred for a total January OSI of 2.9%.

The General Increase declared was 2.7%. So the calculations in B above for 2001 would be 2.7% plus .8% deferred for a total January OSI of 2.7%. Since we get the higher of the two we used A for a 2001 OSI of 2.9% plus applicable changes in locality. See more on the OSI/SCI here.

All increases to base pay resultant from an OSI increase will be used in calculating all differentials, premiums, retirement and appropriate pay benefits.

 

38. SCI Distribution.  Amended by 2003 Contact Extension MOU.  See the old language here. 

SUPERIOR CONTRIBUTION INCREASE (SCI) PROGRAM FOR THE NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION  

Eligibility to Receive SCI

Eligibility to receive an SCI under this proposal requires that the bargaining unit member meet or exceed the following criteria during the rating period:

• Must have worked in the Federal Aviation Administration (FAA) in the NATCA bargaining unit for at least 90 days;

• Must not have been unsuccessful in completing an ODAP during the rating period.

SCI increases shall be implemented in accordance with the Parties Memorandum of Understanding with respect to Reclassification and Associated Pay Rules between the National Air Traffic Controllers Association and the Federal Aviation Administration. The rating period is April 1 through March 31 of each year. For the first year the rating period will be December 1, 2003 through March 31, 2004. The bargaining unit will be rated by the quality and efficiency metrics detailed by the Administrator as outlined below.

 

Increased Safety

The Goal: Achieve the lowest possible accident rate and constantly improve safety

1. Reduction of Operational Errors: For each rating period, the total number of operational errors nationwide classified as severe (A and B) have been reduced by at least 3% (not including runway incursions) from the corresponding period of the previous year. When this goal is met, 0.2% SCI shall be awarded to the entire bargaining unit.

2. Reduction of Runway Incursions: For each rating period, the total number of runway incursions classified as severe (A and B) attributable to bargaining unit employees, have been reduced by at least 9.6% from the corresponding period of the previous year. When this goal is met, 0.2% SCI shall be awarded to the entire bargaining unit.

 

Greater Capacity

The Goal: In conjunction with local governments and airspace users provide national system capacity that meets or exceeds demand.

3. Airport Arrival Efficiency Rate: For each rating period, maintain 96% or greater compliance with the arrival rate at the 35 OEP airports from the corresponding period of the previous year. When this goal is met, 0.2% SCI shall be awarded to the entire bargaining unit.

 

4. On Time Performance: For each rating period, increase the percentage of all flights arriving within 15 minutes of schedule at the 35 OEP airports by 1.4% from the corresponding period of the previous year. When this goal is met, 0.2% SCI shall be awarded to the entire bargaining unit.

Organizational Excellence

The total amount of SCI money available for awards to the bargaining unit will not exceed 0.8% per bargaining unit member. Any portion of the SCI pool not awarded shall be distributed to regions in proportion to the number of bargaining unit employees.

Distribution of these funds to facilities shall be jointly agreed upon by the Parties at the National level. The overriding objective for distributing these funds is to award facility excellence and to provide the resources to those facilities that had difficulties reaching their goals.

Duration

The SCI provisions described herein shall be subject to the duration clause (article 106) in the parties’ collective bargaining agreement.

SCI Distribution. The SCI annual pay adjustment will be effective with pay period 99-17 which begins August 1, 1999; effective with pay period 00-14 which begins June 18, 2000; and effective the beginning of pay period 01-14 of 2001 forward on the base pay in effect at that time. 

SCI increases that result in a change in base pay within an employee’s pay band will be used in calculating all additional pay differentials, premiums, retirement and pay benefits. SCI pay increases that result in a base pay above the employee’s pay band will be paid in a lump sum as follows:

1. employee’s base pay will be adjusted to equal the highest possible (if necessary) pay level within the band, and then,
2. the employee will receive a lump sum payment for the remaining amount (or the entire amount if applicable) of SCI above the maximum base pay for the band.

39. New Entrant/New Hire (Developmental Air Traffic Controllers). This category includes the following types of employees:

1. Basic qualifications
2. Basic qualifications, high GPA
3. Pilot
4. Dispatcher
5. Other aviation specializations, i.e., ramp controller
6. Private industry controller
7. Military ATC (non terminal/en route, other)
8. CTI graduates

40. The starting salary for a newly hired ATC: Amended by 2003 Contact Extension MOU.  See the old language here.

The following language replaces Pay Rules 40 and 42.

Set pay based on recruitment avenue:

1. Entry Level Test Vacancy Announcement/Recruitment Bulletin (e.g., AT-SAT) - Set pay at NA or NB
2. AT-CTI - Set pay at NB
3. MCTC (MARC) - Set pay at the AG minimum
4. VRA:

• Military controller with 52 consecutive weeks experience – Set pay at AG minimum
• Military controller with 52 consecutive weeks experience as a certified air traffic controller - Set pay at the ATC-3 CPC minimum

Note for 1-4: If a DOD Civilian Controller, FSS 2152, Federal Contract Tower employee applies under 1-4 above they will be paid under that recruitment avenue.

5. Vacancy Announcement/Transfer Request – excluding Entry Level Test Vacancy Announcement/Recruitment Bulletin (e.g., AT-SAT), if an applicant has 52 consecutive weeks as a DOD Civilian Controller or a FSS 2152:

• Set pay at the minimum of the lowest developmental level for the assigned ATC facility, or at the employee’s current rate, not to exceed the top of the lowest developmental level for the assigned ATC facility.

Note for 5: This pay rule does not apply to CPC Re-entrants, Developmental Re-entrants, CPC Transfers, or Developmental Transfers.

• For CPC Re-entrants refer to Pay Rule 43.
• For Developmental Re-entrants refer to Pay Rule 44.
• For CPC Transfers refer to Pay Rule 51
• For Developmental Transfers refer to Pay Rule 52.

41. Pay for the developmental controller is set as follows:

• ATC-2 Academy Graduate = 85% of ATC-3

• Upon successful completion of the first developmental stage of training, the base rate of pay is set at 55% of the minimum CPC base pay of the facility to which assigned. In no case will the base pay be less than a 6.7% increase over the current base pay*

• Upon successful completion of the second stage of training, the base pay is set at 70% of the minimum CPC base pay of the facility to which assigned. In no case will base pay be less than a 6.7% increase over the current base pay*
• Upon successful completion of the third stage of training, the base pay is set at 85% of the minimum CPC base pay of the facility to which assigned. In no case will the base pay be less than a 6.7% increase over the current base pay*
• Upon successful completion of all developmental stages of training and fully certifying on all operational positions, promotion to the CPC level of the facility is accomplished. In no case will the base pay be less than a 6.7% increase over base pay*

*Note: for facilities for which there are only two developmental training stages the employee’s base pay is set at 70% of the minimum CPC base pay upon completion of the first stage of training, but in no case less than 6.7% higher than the current base pay; where there is only one developmental stage, the base pay is set at 85% of the minimum of the CPC base pay upon completion of the first stage of training, but in no case less than 6.7% higher than previous base pay.

 

42. Specialized categories of employment and pay: Amended by 2003 Contact Extension MOU.  See the old language here.

    (my note: The largest change here is; under the old rule we paid new hires based on qualifications regardless of recruitment avenue.  Under the new rule pay is set based on recruitment avenue instead of qualifications.  Additionally, new DOD, FSS and Contract Tower employees enter at substantially lower salaries .)

    The following language replaces Pay Rules 40 and 42.

    Set pay based on recruitment avenue:

    1. Entry Level Test Vacancy Announcement/Recruitment Bulletin (e.g., AT-SAT) - Set pay at NA or NB
    2. AT-CTI - Set pay at NB
    3. MCTC (MARC) - Set pay at the AG minimum
    4. VRA:
    • Military controller with 52 consecutive weeks experience – Set pay at AG minimum
    • Military controller with 52 consecutive weeks experience as a certified air traffic controller - Set pay at the ATC-3 CPC minimum

    Note for 1-4: If a DOD Civilian Controller, FSS 2152, Federal Contract Tower employee applies under 1-4 above they will be paid under that recruitment avenue.

    1. Vacancy Announcement/Transfer Request – excluding Entry Level Test Vacancy Announcement/Recruitment Bulletin (e.g., AT-SAT), if an applicant has 52 consecutive weeks as a DOD Civilian Controller or a FSS 2152:
    • Set pay at the minimum of the lowest developmental level for the assigned ATC facility, or at the employee’s current rate, not to exceed the top of the lowest developmental level for the assigned ATC facility.

    Note for 5: This pay rule does not apply to CPC Re-entrants, Developmental Re-entrants, CPC Transfers, or Developmental Transfers.

    • For CPC Re-entrants refer to Pay Rule 43.
    • For Developmental Re-entrants refer to Pay Rule 44.
    • For CPC Transfers refer to Pay Rule 51
    • For Developmental Transfers refer to Pay Rule 52.

     

43. For Re-entrant CPCs: Amended by 2003 Contact Extension MOU.  See the old language here.

This pay rule applies to any situation not covered in Pay Rule 40 or 42.

1. A CPC re-entrant currently employed by the Federal Government who converted into the ATC specialized pay system (via any means) and subsequently moved into a position not covered by the ATC specialized pay system, will retain current base pay so long as that rate of pay fits within the established CPC pay band for the facility to which assigned. If current base pay is below the minimum of the CPC pay band pay will be raised to the minimum of the CPC pay band. If the current base pay exceeds the established CPC pay band for the facility ATC level, pay will be capped by the top of the CPC pay band.

 

2. CPC re-entrant currently employed by the Federal Government who never converted into the ATC specialized pay system.

 

• A CPC re-entrant not receiving any ATRA or IPP differentials, will retain current base pay so long as that rate of pay fits within the established CPC pay band for the facility ATC level to which assigned. If current base pay is below the minimum of the CPC pay band, pay will be raised to the minimum of the CPC pay band. If the current base pay exceeds the established CPC pay band for the facility ATC level, pay will be capped by the top of the CPC pay band.

 

• A CPC re-entrant currently receiving the five percent (5%) ATRA Operational differential will have the differential added to the current base pay at 4.1% rate.

• A CPC re-entrant currently receiving the ten percent (10%) Interim Incentive Pay (IPP) will have that differential added to current base pay at the full 10% rate only if the employee returns to the bargaining unit at one of the seven original IPP facilities.

 

• After base pay is calculated adding in the ATRA and IIP differentials as appropriate, the new base pay figure must fit into the CPC pay band of the assigned facility. If pay falls below the new CPC pay band, pay will be raised to the minimum of the CPC pay band. Pay may not under any circumstance exceed the top of the CPC pay band.

 

3. CPC re-entrants not currently employed by the Federal Government

 

• The starting salary for a CPC re-entrant will be set in the CPC pay band for the ATC Level Facility to which assigned, but in no case will it be higher than the rate of pay held prior to leaving the Air Traffic Service, except to raise the pay to the minimum of the CPC pay band. If former pay exceeds the top of the CPC pay band to which assigned, pay will be set at no higher than the top of the band.

Once the appropriate pay adjustment has been made, the individuals covered by provisions of this agreement will be considered a CPC at their assigned facility. All subsequent transfers, promotions, and other types of employee movement will follow applicable rules and agreements.

44. For Re-entrant Developmentals: Amended by 2003 Contact Extension MOU.  See the old language here. 

The starting salary for a developmental re-entrant will be set at the minimum of the developmental pay band for the lowest available developmental stage for the facility to which assigned.

If the re-entrant successfully completed D3 stage training before leaving the position, pay will be set at the employee’s previous rate of pay, not to exceed the top of the lowest developmental level pay band for the assigned facility.

In no case will pay be higher than the rate of pay held prior to leaving the Air Traffic Service.

45. For Re-entrant returning from Leave without Pay:

Amended language is included below, if you want to see the actual MOU that amended the original MOU click here to see the revision to Rule 45 MOU.

1. Extended LWOP - Upon return from LWOP of more than one year (consecutive), CPC or Developmental Air Traffic Controllers’ base pay shall be set as though the employee never left the applicable pay band except the employee will not accrue any SCI increases to which entitled.

2. For those employees never converted to the ATC system but who remained in the Bargaining Unit set pay as follows:

1. Identify the employee’s FG grade and step immediately prior to his/her LWOP. Multiply the FG step percentage by the appropriate ATC facility level minimum base pay (i.e., FG 14 step 5, where step 5 is 13.33%) to determine employee’s percentage in band.
2. Place the employee in the new ATC level in the same percentage of band determined in(1) above or,

3. If the employee elects to return to the same or lower ATC Facility Level as the current ATC Facility Level, follow the transfer rules described in paragraph 51 (CPC Transfer to a lower level facility) of the Reclassification and Associated Pay Rules MOU.

3. Limited LWOP - Upon return from LWOP of one year or less (consecutive), CPC or Developmental Air Traffic Controllers’ base pay shall be set as though the employee never left the applicable pay band, accruing all OSI/SCI increases to which entitled.

Military is covered under Title 38 USC Chapter 43 10 USC 101 (d) and CFR Part 353. OWCP is covered under Section 8151 Title 5, USC.

46. For Permanent Promotion: Amended by 2003 Contact Extension MOU.  See the old language here. 

Deleted.  Promotions from the ATPayPlan are now covered under Core Comp.

Upon conclusion of the temporary promotion, pay shall be established as though the employee never left the bargaining unit pay band, accruing all OSI/SCI increases that would have otherwise occurred. Pay during a temporary promotion has no influence on permanent pay when returned to position of record, regardless of the duration of the temporary promotion.

48. For Voluntary Demotion:

Originally it was envisioned MSS pay bands would be 40% wide as well as ours.  When the MSS bands were completed they were smaller than ours requiring the "original position in band" language to be amended.  Amended language is included below, if you want to see the actual MOU that amended the original MOU click here to see the revision to Rule 48 MOU dated April 22, 1999.  Keep in mind this MOU only amends rule 48.  See rule 49 and 50 for other demotion rules.  Rule 50 is very punitive for involuntary demotions from a MSS 2 (Supervisor) to a CPC. 

When an MSS employee returns to the bargaining unit, pay adjustments in every case will be made as follows:

1. MSS-2 pay is reduced by 5%
2. MSS-3 pay is reduced by 7%
3. MSS-4 pay is reduced by 9%

Once the pay adjustment has been made, the former MSS employee will be considered a CPC at the present facility and subsequent transfer to higher or lower ATC level will follow all the applicable rules in the MOU.

Note - demotions are not applicable within or from the CPC career level.

Note - movement by a CPC to a lower level ATC facility, or by a CPC into or from a MSS-1 staff position is NOT considered a demotion but rather a transfer.

 

49. For Involuntary Demotion (no fault of the employee):

When a non-bargaining unit employee is involuntarily demoted through no fault of the employee, pay is set at the same rate in the new, lower pay band. If the current base pay exceeds the maximum of the new pay band, the employee shall be placed in pay retention status and all future pay increases shall be made in accordance with applicable pay retention rules. These employees are eligible for priority consideration to the previous career level.

Note - demotions are not applicable within or from the CPC career level.

Note - movement by a CPC to a lower level ATC facility, or by a CPC into or from a MSS-1 staff position is NOT considered a demotion but rather a transfer.

50. For Involuntary Demotion (cause/performance/conduct):

When a non-bargaining unit employee is involuntary demoted for cause, performance or conduct, base pay is set in the new pay band at the same percentage above band minimum that was held in the exiting position.

Note - demotions are not applicable within or from the CPC career level.

Note - movement by a CPC to a lower level ATC facility, or by a CPC into or from a MSS-1 staff position is NOT considered a demotion but rather a transfer.

51. For CPC Transfer: Amended by 2003 Contact Extension MOU.  See the old language here. 

Once a controller has achieved CPC status in the first terminal/en route facility, that status is permanent. For a CPC, pay is set as follows:

Upon transfer to a higher ATC level facility, base pay is increased to the minimum of the new CPC pay band, or is increased by 6.7%, not to exceed the new band maximum, whichever is higher. One-half of the increase is paid upon initial transfer to the new facility; the other one-half is paid when fully certified in the new facility.

Upon voluntary transfer to a lower ATC level facility, base pay is set at the current base pay if that rate falls within the new pay band. If current base pay is higher than the top of the new band, base pay is capped by the top of the band.

Upon voluntary transfer to the same level facility, base pay is unchanged unless it exceeds the band maximum, in which case it is capped at the band maximum.

A CPC who transfers into a new facility is a CPC in training (CPC-IT).

A CPC-IT who does not achieve facility certification in the new facility, shall have their pay set as follows:

A CPC-IT that is unsuccessful prior to completion of the D3 training stage of the new facility, (as defined in PRIB#21A Training Promotion Requirements Under ATC Pay Reclassification) will have their base pay set as though they never left the facility where the employee was fully certified. This includes all accrued OSI or SCI payments. When assigned to another ATC level facility, pay will then be set as described above for a CPC transfer.

A CPC-IT that is unsuccessful after the completion of the D3 training stage of the new facility, (as defined in PRIB 21A Training Promotion Requirements Under ATC Pay Reclassification) and is transferred to another level facility will have their pay set as described above for a CPC transfer.

Note: Pay setting for Mutual Reassignment and Hardship are covered under the provision of Pay Rule 58.

52. For Developmental Controller Transfer: Amended by 2003 Contact Extension MOU.  See the old language here. 

• Upon voluntary transfer to a higher ATC level facility, base pay is unchanged. Future pay increases are made in accordance with successful progression through the developmental stages, with minimum pay increase being 6.7%.
• Upon voluntary transfer to a lower ATC level facility, pay is set at the same developmental stage percentage of the lower level facility’s minimum developmental stage. If the same stage does not exist at the new facility, employee’s pay is set at lowest available stage at the new facility.
• Upon transfer to the same level facility, base pay is unchanged.
• A developmental controller that transferred to a new facility that does not achieve area/facility certification and is assigned a lower level facility shall have their pay set at the same developmental stage percentage of the lower level facility’s minimum developmental stage. If the same stage does not exist at the new facility, the employee’s pay is set at the lowest available stage at the new facility, capped at the band maximum.

53. A Decrease in Facility Classification Level is defined as a change in the facility classification index (CI) below identified "buffers" that results in a reduction in associated facility pay level. Pay at the lower ATC pay-level is set at the same pay with pay retention (if necessary), and priority consideration to previous ATC level.

Changes in classification levels are described in the Air Traffic Control Series ATC-2152 Terminal and Enroute Classification Standard, section titled- Administration of the Standard and contained in the Facility ATC Level Change MOU dated November 15, 1999.

54. Increase in Facility Classification Level is defined as a change in the facility classification index (CI) above identified "breakpoints" that results in an increase in associated facility pay level. Pay at the higher ATC-pay level is set at the same percentage of band with a minimum of a 6.7% increase.

Changes in classification levels are described in the Air Traffic Control Series ATC-2152 Terminal and Enroute Classification Standard, section titled- Administration of the Standard and contained in the Facility ATC Level Change MOU dated November 15, 1999.

Changes in ATC level during the transition may result in October installments that are not enough to keep an employee at their appropriate band minimum.  There is a provision for a band min check.  You can see the facility band minimum here and check out the agreement here.  This provision guarantees the employee will not be below band minimum after an upgrade and upon receiving an October installment that was calculated on a lower ATC level. 

 

55. PCS Relocation. Within ninety (90) days from the signing of the agreement a joint NATCA/FAA workgroup will convene in order to address the mutual concerns of the Agency and the Union regarding the relocation of all bargaining unit employees.

 

56. Freeze/Audit Process: Immediately work will begin to develop transition rules around the classification freeze and audit processes. The parties shall aggressively pursue all final adjustments with the intent of having all facilities correctly classified when the reclassification system is implemented.

 

57. Promotion and Transfer Rating Point Tables

Career Progression Experience Factor Points
	Level of Position Being Applied For
Experience Level	MSS-4 and above	MSS-3	MSS-2*	MSS-1*	CPC*
MSS-4 and above	75	75	75/60	75/60	75/60
MSS-3	60	75	75/60	75/60	75/60
MSS-2	45	60	75/60	75/60	75/60
MSS-1\	30	45	60/45	75/60	75/60
CPC	15	30	45/30	60/45	75/60
* For MSS-2 and below positions use the higher value only if experience credit is in the same ATCS option (Terminal, Center, FSS) as defined in vacancy announcenent; otherwise use lower value.
Facility Complexity Factor Points			Experience and Recency Points
Points are assigned for the highest level ATC facility to which the applicant was permanently assigned. Assign 3 points times the highest level. (ex., ATC-11 = 33 points)			Experience - Points are assigned for each year in a 2152 series position. Assign 2 points for each of the total number of full years in a 2152 series position. (Maximum - 50)
Conversion of facility level prior to ATC reclassification			Recency - For positions requiring operational certification deduct 1 point for each full year since in a position requiring certification. Additionally for CPC positions, deduct 1 point for each year since in a CPC position
Facility FPL Level FG/GS	Equivalent ATC Level
9	1		Diversity
10	3		Utilize current diversity table points
11	5
12	7		Education
13	9		Use current education table points
14	11
			Awards
Delete performance factor			Use current awards table points
Aviation Experience*
Certificate / Rating	Points
Private Pilot	1
Commercial Pilot	1
Instrument Rating	1
CFI	1
Dispatcher Cert.	1
* Credit 1 point for each obtained

 

58. For Hardship Transfers and Transfers for Mutual Reassignment

This is additional language added to cover existing ways of transfers. See the MOU effective August 27, 2000 here.

When a bargaining unit employee is granted a Hardship Transfer (HT) or Transfer for Mutual Reassignment (TMR), pay is set as follows:

1. Certified Professional Controllers (CPC) and Certified Professional Controllers in Training (CPCIT) who have transferred under Rule 51 (half on the go and half upon certification) who have not yet certified

1. Transferring to the same or higher ATC Level Facility:

1. No change in pay. There is no increase in pay as a result of the transfer (no 50% on the go/50% upon certification). Pay retention may apply.
2. If pay is below the CPC Career Level Pay Band at the new facility, pay is set at the minimum of the CPC Career Level Pay Band upon becoming facility rated/area certified.

2. Transferring to a lower ATC Level Facility:

1. If current pay fits into the CPC Career Level Pay Band of the lower ATC level facility, employee retains current pay. There is no increase in pay as a result of the transfer (no 50% on the go/50% upon certification).
2. If current pay is higher than the top of the new CPC Career Level Pay Band, pay is capped by the top of the new CPC Career Level Pay Band. There is no increase in pay as a result of the transfer (no 50% on the go/50% upon certification).
3. If pay is below the CPC Career Level Pay Band at the new facility, pay is set at the minimum of the CPC Career Level Pay Band upon becoming facility rated/area certified.

3. CPCIT employees who previously moved under Rule 51 (50% on the go/50% upon certification) and have not certified will not receive the second 50%.
4. CPC and CPCIT employees who transfer to a lower level facility under the rules in this section, and who subsequently transfer to a higher level facility within 3 years of the effective date of the first transfer, will have pay set under the provisions of this agreement rather than under Pay Rule 51.

2. Developmental employees

1. Transfer to same, higher, or lower ATC level facility:

1. Apply Pay Rule 52.

59. Facility Consolidations: Amended by 2003 Contact Extension MOU.  See the old language here. 

    Deleted.  Now covered by intent MOU :

    "Section 1. The parties agree to use the provisions of article 7 in matters of controller pay definitions, applications, and policies previously covered in pay rule 59 in association with the ATC Facility Reclassification project in reassignments resulting from facility consolidations when two or more facilities are consolidated into a new facility or an existing facility is consolidated into another existing facility."

    and the new NAR MOU:

    Section 5. Changes in Facility ATC Levels will be made in accordance with existing Pay Rules.

    1. Increases in Facility ATC Level will be made in accordance with Pay Rule 54.
    2. Decrease in Facility ATC Level will be made in accordance with Pay Rule 53.
    3. ATC Level Retention will be applied in accordance with Pay Rule 34.