Government is Re-Open on a 3 Week CR

The Government is re-open for 3 weeks and hopefully longer than that. I’d like to thank all of you for being professional and engaged. This is the greatest facility that I’ve ever been apart of. We reaffirmed to the flying community and general population our value and that we will always rise above the politics to perform the best job in the world. Take pride in that.

So what do we do from here? First, we are back to business as usual. Please follow your regular work schedules. If anyone cannot, please reach out to me or your E board and we’ll work out a solution. It is understandable that this isn’t as simple as flipping a switch so we will do our best to work with you.

Next, please take a moment to welcome back our non-excepted (but absolutely essential) workers. Any notions that this was a vacation for them are mistaken. This was as trying for them as us. Never forget that some are our NATCA Family. Please treat them as such.

Lastly, have some patience. Like I mentioned before, the re-opening of the government is not as simple as flipping a switch. This is going to take time. The most immediate issue is likely pay. Please keep track of your pay stubs and be understandable if something is off. The Time and Attendance folks will have an unbelievable job of catch-up ahead of them. Make sure they get your pay right, but be respectful about it.

As always, it is an honor to be able to serve this local with this E board. Let us know if you have any questions or concerns as soon as you have them.

Gov. Inslee Makes All Federal Employees Eligible for Unemployment Benefits

Yesterday Gov Jay Inslee made it possible for all fed employees to be eligible for unemployment. The story can be found HERE. During this shutdown, every little bit helps. You can find the specific information to apply HERE. Hang in there and do not hesitate to ask for help.

IMPORTANT: Delays, Social Media, and the Press

All,

Please refrain from making any inflammatory comments on social media reference the delays due to staffing that are being reported. Only reps are protected from media statements. Please defer any interview requests to your reps. Thank you.

Senate Blast to End the Shutdown

TIme is running out to convince the Senate to pass a bill to open the Government and end the shutdown. The vote should take place around 1430 est. What you can do is use any social media you have available and post a message calling an end to the shutdown. Below is an example:

Here is the script:

“Each day the shutdown continues, aviation safety is further compromised. The Senator MUST vote YES on opening up the government! #Endtheshutdown #NATCA”

Here is the list for the targeted Senators that have sent signals that they may break from a party-line vote and bring the shutdown to an end:

One of the most efficient ways to do this is to go through Instagram. You can enable sharing with Facebook and Twitter and have a single entry post to all 3 social media outlets. Senator Cory Gardner has already said he plans to vote for both proposals to open the government. The pressure works. We need to keep it up.

Also, feel free to come to the NATCA office and make calls to the Senate offices. It has been vetted and legal to do on personal devices in the NATCA Office. Keep up the fight.

Lastly, we will have a Regional Telecon to update on the OPM and Legislative issues @ 0930 today. Everyone is invited and here is the call-in info:

(218) 339-7800 Access code: 567 5385

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