OPM Guidance

I know that everyone is wondering if this means what they think it does. From what I can gather this is the big revelation:

The use of such paid leave is subject to the normally applicable rules for the applicable leave program, including leave request and approval procedures. While excepted employees have the option to use their paid leave (i.e., establish entitlement to paid leave to be paid after the lapse ends), they are not required to use leave to cover periods of authorized absence from work.  Instead, they may choose to remain in the default status of being furloughed during any such authorized absence during the lapse. We expect employees generally to choose to allow the default furlough status to be applied to any approved absence, since section 1341(c)(2) provides retroactive pay for furlough periods without charge to leave. (emphasis added).

Management has not received guidance from Agency HR and may not approve “furlough leave” tonight and even tomorrow morning simply because they don’t know what to do. I will get to the bottom of how we go about requesting this tomorrow. Do we continue to input request the way we have been to this point? If so, is it coded “furlough” by default? Are we changing everything previous or do we need people to identify what they want to show it as (Gee, I wonder what that choice will be). I will get answers in the morning.

In the mean time, ask/input the type that you interpret. We will have more clarification in the morning. Call me if you want to (206.406.0194) or find me on the Local Slack Channel.

The full email from NNM RVP Eddie DeLisle can be found below.

FacReps,

Please share the message below regarding the interpretation by OPM of the Government Employee Fair Treatment Act of 2019:

On January 16, 2019, the President signed into law the Government Employee Fair Treatment Act of 2019 (GEFTA), amending the Antideficiency Act. 

 Whenever federal personnel law is changed, OPM issues guidance to federal agencies concerning the implementation of applicable laws and regulations. 

 On January 23, 2019, the Acting OPM Director issued a Memorandum to Heads of Executive Departments and Agencies regarding GEFTA. 

EXCEPTED EMPLOYEES (NOT FURLOUGHED)

OPM guidance provides that, retroactive to the start of this shutdown, employees may elect to be charged leave for an approved absence or may elect to be placed in a temporary furlough status for which they will be paid when the government opens. 

 The guidance further states, “We expect employees generally to choose to allow the default furlough status to be applied to any approved absence, since section 1341(c)(2) provides retroactive pay for furlough periods without charge to leave.”

 In addition, the guidance provides that, “The use of such paid leave is subject to

the normally applicable rules for the applicable leave program, including leave request and approval procedures.”  This means that the procedures for requesting and approving leave remain covered by the applicable collective bargaining agreement. 

 We have included below the relevant portion for excepted employees:

 [GEFTA] establishes a new requirement, providing that excepted employees who are required to perform work during a lapse in appropriations “shall be entitled to use leave” under 5 U.S.C. chapter 63, if applicable (or under other applicable law if chapter 63 is not applicable), but that compensation for the leave will be paid after the lapse ends.  The use of such paid leave is subject to the normally applicable rules for the applicable leave program, including leave request and approval procedures. While excepted employees have the option to use their paid leave (i.e., establish entitlement to paid leave to be paid after the lapse ends), they are not required to use leave to cover periods of authorized absence from work.  Instead, they may choose to remain in the default status of being furloughed during any such authorized absence during the lapse. We expect employees generally to choose to allow the default furlough status to be applied to any approved absence, since section 1341(c)(2) provides retroactive pay for furlough periods without charge to leave. (emphasis added).

 NON-EXCEPTED EMPLOYEES (FURLOUGHED)

 For non-excepted employees, GEFTA ensures payment for time spent in a furlough status. There are exceptions for previously approved LWOP, and for employees who have been charged AWOL or suspended. 

 You can view the guidance by clicking here: OPM GEFTA Guidance.

Eddie DeLisle

NNM RVP

(503) 724-0768

Update

The Rally was a (freezing, soggy) success. Thank you to all that attended and toughed it out. On top of numerous media outlets covering the Rally, we also had congressional staffers from the offices of Congresswoman Schrier and Congressman Smith attend with us. I spoke to both and was able to ask them what they are hearing from their districts. They estimate that 1 out of every 2 or 3 calls are for the shutdown to continue. Read that again. And now consider that this is likely happening with our Senate offices. We are all sick of what is happening and we all have a role that we can play in keeping the pressure on everyone on the Hill.

I’m sick of being stripped of my dignity everyday this shutdown goes on. We all should be. We worked too hard and sacrificed too much to be able to attain this job. We shouldn’t be in a position that we have to entertain second jobs or loans or selling personal property. We shouldn’t have to be on the look out for someone else’s charity or worry how long we try to hold on before moving on to a different employer. Everything we do is amazing and damn near perfect while over seeing the most robust, safe and efficient airspace system the world has ever seen. So be loud. Please. Don’t suppose that those that call on our behalf will get the job done. We must all participate to make it as loud as possible so that they can HEAR US. Do this for yourselves, your peers, your families.

NATCA National is asking that EVERYONE be as loud as possible to the Senate over the next 2 days. Please take a moment and make the call to their offices (844.336.1123). Tag Senator Murray, Senator Cantwell, Speaker Pelosi, Speaker McConnell, and the White house in whatever social media that you are able to and demand they open the government up and end this madness. We need to be LOUD.

Thank you for all of your time, hard work, and dedication. It’s one of the few dependable things that I see lately.

"Stop The Shutdown" Rally Information

For those looking to go to the Rally today, I’ve put the location of the Flagpole Pavilion as well as a couple of spots to park. I’ll try to be there around noon. Rally is scheduled to be 1-3 pm.

The Flagpole Pavilion is across from the Radisson Hotel. The exact spot is pictured HERE

https://goo.gl/maps/EbEYicZtL242

Because parking is very limited around the exact location of the Rally, here are some alternative suggestions:

Tukwila Station (Parking) - Southbound light rail can get you to the Airport and you can walk over to the pavilion. Or a short Uber/Lyft ride to the Radisson.

https://goo.gl/maps/yuuZDszNrzz

Angle Lake Station (Parking) - Northbound light rail can get you to the Airport and you can walk over to the pavilion. Or a short Uber/Lyft ride to the Radisson.

https://goo.gl/maps/ZGMnfBdTuV42

Still Leafletting

We are in week 2 of our Leafletting campaign. Week 1 was amazing and I am grateful for all of the help and long days people put in. We have renewed the permits beginning Tues 1/22-Sun 1/27 from 8 am - 7pm. Contact myself (206.406.0194 or reply to this) or your E Board if you are interested.

Contact Lawmakers on the Hill (Again)

I have not met 1 co-worker that doesn’t want this shutdown to end. The path towards doing so begins with a quick message or phone call to the law makers in the Hill. With that in mind, I would hope that we could take a quick moment to keep the pressure on those that have the ability to bring this nightmare to an end. A renewed initiative has been crafted by NATCA to keep the messaging fresh and relevant. If you did it the first time, you know that this is not even a hiccup in your day. If you haven’t yet, here is your chance. Below is the link and the phone number to reach out those that on the Hill that can end this today. DO NOT DO THIS ON DUTY TIME!!

www.natca.org/writecongress

844.336.1123

So far we have made about 85 calls and about 15% of us have sent the quick email as an entire region. These stats merely track the folks that engage via the NATCA provided vehicles. Only you know for sure if you did or did not reach out to your elected officials. Please make your voice heard and don’t stop until this unnecessary shutdown is brought to an end. Thank you for your time (if you made it this far, you could’ve sent an email to the Hill at least twice).