PASS IN ACTION!

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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