On Thursday evening, the Office of Personnel Management (OPM) issued guidance memoranda regarding the three Executive Orders (EO) that were issued on May 25, 2018, which negatively affect federal employees and their unions. After the EOs were issued, NATCA sent out a news alert on May 26 to notify members about the EOs and that OPM would be issuing guidance advising agency heads how to implement them. In that initial message, we communicated that there should be no changes to any of NATCA's agreements with the Federal Aviation Administration (FAA) as a result of the EOs.
Yesterday's OPM guidance confirms our statement in the May 26 news alert that "there should be no changes to any of NATCA's agreements with the FAA - local or national - nor any changes in how they are implemented. The same is true for all current practices and procedures between the parties." Specifically, in its memos regarding EOs 13837 and 13839, regarding official time and removal of federal employees respectively, OPM wrote:
The EO directs agencies, at the earliest moment the law permits, to renegotiate any collective bargaining agreement (CBA) provision that is inconsistent with the EO or with any final Office of Personnel Management (OPM) regulations promulgated pursuant to the EO subject to applicable law. EOs possess the force of government-wide rules.
Therefore, provisions of the EO are effective on the date the CBA expires or rolls over, whether or not the CBA is reopened for negotiations.
NATCA's April 2011 Multi-Unit CBA (Light Blue Book) and June 2013 Consolidated CBA (Purple Book) remain in effect until July 1, 2021. NATCA's July 2016 Slate Book CBA remains in effect until July 23, 2022. Under the terms of each CBA, neither party may provide notice to amend the CBA until not more than 180 days prior to its expiration date. Therefore, the EOs shall effect no change on NATCA's negotiated agreements, both term CBAs and mid-term agreements, as well as established past practices, whether national, regional, or local. We are confident that FAA and DOT will honor our CBAs in compliance with the law, our CBAs, and the OPM guidance.
If you become aware of any attempt by the agency to implement any part of the EOs, or make any other changes, please immediately contact your FacRep and Regional Vice President.
We will continue to monitor any further implementation of these EOs and will continue to advocate to protect the National Airspace System and the men and women who safeguard it.
Paul Rinaldi, NATCA President
Trish Gilbert, NATCA Executive Vice President