June 22, 1998 Mike Shearer, Manager, Labor Relations AAL-014 222 W. 7th Ave. #14 Anchorage, AK 99513 Dear Mr. Shearer, It has been brought to my attention by several of the bargaining unit members whom PASS represents, that the agency has changed the Permanent Change of Station (PCS) entitlements granted employees with Re-employment, Restoration and Return rights (3R). Specifically, agency personnel have informed PASS bargaining unit employees that the only expenses allowable for PCS for individuals exercising their 3R rights are travel expenses (per diem for the agency employee only, mileage for two vehicles) and shipment of household goods (up to 18,000 lbs.). Agency personnel stated that house-hunting trips , temporary quarters, storage of household goods and real-estate transaction expenses were not reimbursable. I have been informed by my bargaining unit that agency personnel have cited FAA Order 1500.14A, Ch. 5-105, par. b.3., FAA Order 3330.6B, 5 U.S.C. 5722, 5 U.S.C. 5724 and FTR 302 as the foundation for this change of policy. If the agency has in fact implemented these changes as stated above, the changes are in violation of all of the references cited above, the FAA Personnel Management System ( March 28, 1996), the PASS/FAA agreement, past practice and law. FAA Order 3330.6B (Re-employment, Restoration and Return Rights), Chapter 1,par. 1, a (POLICY) states "To provide reasonable protection against employment uncertainties and career setbacks for employees willing to accept special assignments outside their normal career patterns." Chapter 1, par. 4 (Travel and Transportation Expenses) states " The movement of employees under the provisions of this order are for the benefit of the Government, and travel and transportation expenses shall be paid to the extent allowed by law and regulation. (Reference Order 1500.14A, Travel.)". 5 U.S.C. sections 5722 and 5724 do not apply to the FAA as of March 28, 1996 when FAA Reform and our new Personnel Management System was implemented. I request that the agency reply to PASS within ten days with an official statement of policy regarding Re-employment, Restoration and Return Rights as well as Permanent Change of Station Entitlements that will be granted to employees currently protected by these rights. The changes mentioned above would result in a tremendous, negative impact on our bargaining unit. If the above changes are implemented by the agency, PASS will have no choice but to put the entire weight of the union behind our bargaining unit. Sincerely, William J. Wagner Jr. Regional Assistant, Region III Professional Airways Systems Specialists cc: Jane Garvey Dennis Powell Mike Fanfalone Ron Rahrig
June 23, 1998 Administrators Hotline, My name is Bill Wagner and I’m a Regional Assistant for Region III of the Professional Airways Systems Specialists in Anchorage, AK. I am calling today because PASS and myself are in need of your assistance on a matter of great concern to Alaskan employees. That issue is Permanent Change of Station entitlements for employees covered by Re-employment, Restoration and Return Rights, or as most of us call it , Return Rights. Within the last two weeks some agency officials have stated to Alaska Region, Airway Facilities employees, that they will no longer be entitled to home relocation expenses, temporary quarters, storage of household goods and several other Permanent Change of Station entitlements previously enjoyed by employees under "Return Rights" Contracts. FAA Order 3330.6B clearly states that all PCS moves under the "Return Rights" program are "for the benefit of the government" but some agency officials persist with the position of taking these entitlements away. PASS is gravely concerned with this issue. If the agency persists with this policy it will have a devastating effect on our bargaining unit and the morale of overseas workers every where. I am asking you for your assistance in this matter. Agency officials in Alaska are in agreement with PASS on this issue, but the ABA organization persists in its efforts to take these benefits away. In particular a gentleman by the name of Robert Clausen. I spoke with Mr. Clausen this morning about this issue. Based on Mr. Clausen’s responses, I do not feel that Mr. Clausen listened to what I had to say. He continued to defend a decision he had previously made. I ask that you personally look into this matter or at least listen to the Alaskan Region’s interpretation of this situation. PASS nor the FAA have anything to gain by continually having to grieve issues in a formal forum, unless as a last resort. I am appealing to your belief in partnership in the resolution of this matter. I am confident that if you look objectively at this situation you will find PASS’s concerns valid and that this situation will be rectified. Please feel free to contact me at (907) 271-2115 or (907) 337-1792 if you need any further clarification on this matter. William J. Wagner Regional Assistant, Region III Professional Airways Systems Specialists
Ms. Garvey, My name is Bill Wagner and I am a representative of the Professional Airways Systems Specialists. You and I had the opportunity to meet several weeks ago on your visit to Anchorage, AK. I wish your visit had been under better circumstances but it was a pleasure to meet you and hear you speak. I am writing you today because PASS and myself are in need of your assistance on a matter of great concern to Alaskan employees. That issue is Re-employment, Restoration and Return Rights, or as most of us call them, Return Rights. Within the last two weeks agency officials have stated to Alaskan Region, Airway Facilities Division employees that employees will no longer be entitled to home relocation expenses, temporary quarters, storage of household goods and several other Permanent Change of Station entitlements previously enjoyed by employees under "Return Rights" contracts. FAA Order 3330.6B (Re-employment, Restoration and Return Rights) states that all PCS moves under the Return Rights program are "for the benefit of the government". Order 3330.6B goes on to reference FAA Order 1500.14A (Travel Regulation) as the reference to for PCS entitlements. Mr. Robert Clausen of the ABA organization is the individual causing us the difficulty in the Alaskan Region. Mr. Clausen, a new employee to the FAA, states that he will not approve any costs in excess of travel and transportation costs when employees return to their parent region. He cites 5 USC 5722-5724 as the foundation for his position. PASS and Agency officials disagree with Mr. Clausen's interpretation of the rules and regulations. Agency officials have had no success in their attempts to point out to Mr. Clausen his error in this situation. Agency officials have also pointed out to Mr. Clausen that the two sections of law he cites no longer govern FAA policy. As a union representative I contacted Mr. Clausen and presented him with PASS's point of view on this situation. I attempted to point out to Mr. Clausen the rules, regulation and law pertaining to this situation but Mr. Clausen continued to stand by his original position. I informed Mr. Clausen that he left PASS no option but to bring this issue to your attention. I ask that you personally look into this matter. I would be happy to provide you with detailed briefing, via telephone or cc:mail at your convenience with all of the references supporting PASS and the Alaska Regions interpretation of this matter. I am confident that if we work together we can resolve this issue to the satisfaction of both parties. In a separate but related matter, PASS has filed a national grievance regarding the Airway Facilities Divisions decision not to fund PCS moves for individuals with "Return Rights" until after the beginning of next fiscal year. The agency denied PASS's grievance and PASS subsequently requested arbitration. PASS asked the agency to agree to an expedited arbitration but this request was also denied. Arbitration is scheduled for August 14. In all likelihood, a decision will not be rendered until after the beginning of next fiscal year. By that time the negative impacts to employees will have occurred. I would appreciate the opportunity to present our issues to you in an attempt to resolve this matter prior to the arbitration date. Please feel free to contact me at (907) 271-2115 work, or (907) 337-1704 home, to discuss this matter. I I can also be reached via cc:mail or E-mail at "passak@ptialaska.net. Thank you for your time and assistance. Sincerely, William J. Wagner Jr. Regional Assistant, Region III Professional Airways Systems Specialists
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