Follow up Regarding COVID CA-1s

All,

I found out that if you reply to this email it goes to my spam folder so my bad if I missed your reply. Email me directly at drew.stewart@natca.net to ensure I get it. That being said, I appreciate the replies I did get indicating the last email was helpful.  I also got some additional tips from members that I figured would be good to pass along as well.  When you are filing your CA-1 your case worker might have an arbitrary number of days that they approve based on the information they have.  If you have communication from the RFS indicating when you were incapacitated and when you were cleared to come back, make sure you share that with your caseworker so that they can get you the correct number of days returned to you if you had to burn leave.

Additionally, the Agency seems to be mishandling the application of COP (Continuation of Pay). Shocking, I know, but it’s true.  Local management is inconsistently deciding whether or not to place someone on COP and this is causing some people to take no leave (as it should be) and some people to take leave and then get it restored once the CA-1 is approved.  The end result is the same but it causes a major short term inconvenience to us as we try to keep track of what they took and gave back or for those that run low balances, trying to decide what type of leave to take.  On that note, if the RFS incapacitates you, you do not have to take SL, you can take annual as well.  If that is something you would rather do, make sure you let your supe know that.  But just to clarify, no one should be taking any leave after they notify the agency they filed a CA-1.  If your CA-1 is denied then that is something you would have to sort out with the agency later.

So that brings me to my next issue. Please, please, please, stop coming to work with COVID symptoms. There is no reason for it.  The agency has indicated to me that they are aware of a few people who came into the building with symptoms and subsequently tested positive. I do not know if they intend to pursue anything on this issue but I want to let you know that it is absolutely something they are watching. I know that low leave balances can cause us to do foolish things but in these pandemic times we have so many tools at our disposal to prevent us from having to burn leave that there is no excuse for coming to work with symptoms.

If you have symptoms, there is EA for testing. If you have COVID and got it at work, you can your leave restored (or hopefully place on COP).  If you follow the process correctly (and the agency does too), you should be out absolutely zero days of leave if you contract COVID at work.  The regulation requiring the agency to place you on COP is contained in 20 CFR Part 10 Subpart C if they ask. If you run into any issues with this, please forward them to your reps.

Drew

drew.stewart@natca.net

503.593.8178

SAVE THIS EMAIL! IMPORTANT INFO INSIDE REGARDING COVID CA-1

Hey Everybody!

I hope you all are enjoying this awesome spring we are having 🙄. Amy is in DC this week doing a Right From the Start meeting so you are stuck with me for this update. I wanted to put some very important info back in front of you guys as we seem to be experiencing a slight spike in COVID cases in the building. The CA-1 process is daunting when you first read the instructions but it is actually pretty easy once you get it going. Sometimes it takes longer than you would like to get your leave back but as far as I know everyone who followed the steps has gotten their leave back (myself included). I am happy to help walk people through the process, but please read these instructions in their entirety first because it is likely that your questions will be answered therein.

COVID CA-1 Instructions:

If you test positive for covid-19 now or in the future, you should go to ecomp.dol.gov and fill out an OSHA-301 and Form CA-1 within 30 days of the last day you were at work (I put this in bold because this was previously stated as being 30 days from your positive test and that was not correct, it is 30 days from the last day you were at work).  If you are experiencing symptoms, we highly recommend testing immediately. An at home rapid test positive will be enough for the RFS to incapacitate you but it will not suffice for your CA-1 claim. To get your leave restored to you, you MUST have a third party test administered. This does not necessarily have to be a PCR test (although most of the third party ones are) but it cannot be one you took at home. For those who have asked what it means to be administered by a third party, that means a healthcare professional or a testing site, not your partner doing the swab for you. The one right by work is free and easy to use. I think they are currently allowing you to get a test without an appointment but just in case, HERE is the link to schedule one.

If you file a CA-1 within 30 days, you get as many as 45 days of continuation of pay from the time of your test result to the time that you are cleared to return to work by your physician and the Regional Flight Surgeon. Continuation of pay means that the FAA will pay you normally, instead of forcing you to take your own leave for your recovery.

If you don't file a CA-1 within 30 days, you can convert your sick leave to LWOP and get partial repayment for it as a wage loss claim once your Form CA-1 has been accepted.

100% of your base pay up front or a lot of steps to get 50-70% of your sick leave's value as a lump sum later. Contact your Regional OWCP Representative (natca.org/committees/owcp) if you have any questions.

Quick guide to ECOMP

1. Get the .gov email address of your supervisor of record and let a manager know that you intend to file a Form CA-1 for covid-19.  While they should know to do this regardless, it’s probably a good idea to remind them to show you on continuation of pay instead of sick leave for at least the next 10 calendar days.

2. Go to ECOMP.dol.gov in your Web browser.

3. Register for an account using a personal email address and verify your registration in the follow-up email.  (Skip if you already have an account.)

4. Sign in with the username and password you created during the registration process. 

5. Create an OSHA-301, which notifies OSHA of an injury in a federal workplace.  As of this moment, DOL’s workflow forces us to file an OSHA-301 before we can file a CA-1. 

6. Create a CA-1.  DOL has created a special CA-1 for covid-19 cases, so use that.  For grade and step, enter what you see under “Pay Plan” and “Grade” found on your LES (e.g., grade “AT,” step “JH” for a CPC at an ATC-10 facility, which ZSE is in case you weren’t aware).  The date of injury will be your last duty day before your positive covid-19 test.  The nature of injury is “covid-19 infection,” and the cause of injury is “exposure to covid-19 at work.”  Select “Continuation of pay” on the last page where you are given the option to sign and file your CA-1 electronically, if you are filing within 30 days of your positive test result. 

7. During the process of filing or after filing your claim, upload a copy of your positive test result for covid-19. 

8. Check your claim status in ECOMP at least once a day, until you see that (a) your supervisor has submitted his part to agency review, and (b) DOL has created a case file for it.  If your supervisor wants you to correct something in your CA-1, your supervisor can send it back to you for correction and resubmission.

9. Check your mail regularly for correspondence from DOL.  If your claim is not accepted or if you have questions regardless, please contact your Regional OWCP Representative or the National OWCP Representative.

Our regional OWCP Rep is ZLC FACREP Steph Winder. Her number is 801.633.7479. You can also find additional resources at natca.org/committees/owcp. I will help in whatever capacity I can, but Steph and the OWCP committee are the experts here. I am just someone who has been through the filing process before.

Representation Rights

Since I’ve already asked you to save this email, I wanted to throw in another important bit of information regarding your representation rights, especially as it relates to security investigations.

Article 6 Section 1:

When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinary, or potential disciplinary situation, the employee shall be so notified of the subject matter in advance. The employee shall also be notified of his/her right to be accompanied by a Union representative if he/she so desires, and shall be given a reasonable opportunity both to obtain such representation, and confer confidentially with the representative before the beginning of the meeting. If during the course of a meeting it becomes apparent for the first time that discipline or potential discipline could arise, the Agency shall stop the meeting and inform the employee of his/her right to representation if he/she so desires, and provide a reasonable opportunity to both obtain representation and confer confidentially before proceeding with the meeting, if requested. The Union retains the right to determine its representatives in accordance with Article 2 of this Agreement.

This Section applies to meetings conducted by all management representatives, including DOT/FAA security agents and EEO investigators. The above provisions shall apply to meetings conducted by the National Transportation Safety Board (NTSB) to the extent the provisions are consistent with NTSB regulations and procedures. Additional representational rights regarding safety events are covered in Article 64 of this Agreement.

Article 6 Section 2:

In meetings conducted by agents of the U.S. Department of Transportation Inspector General (DOT IG), in accordance with 5 USC 7114(a)(2)(B), the employee is entitled to a Union representative if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation.

When the Agency knows in advance the subject of a meeting conducted by the DOT IG is to discuss or investigate a disciplinary, or potential disciplinary situation, with the concurrence of the DOT IG, the Agency shall notify the employee of the subject matter as soon as practicable. The Agency shall notify the employee of his/her right to be accompanied by a Union representative if the employee reasonably believes the meeting may result in disciplinary action.

We also have an MOU that requires the agency to provide us with a computer and printer for the purpose of using e-QIP in a private location mutually agreeable to both parties at the local level. Often times the FAA Personal Security Specialists (PSS) will reach out directly to the employee telling them when and where they need to be for investigative meetings. Until the agency decides to let each employee make their own schedule, this is not an acceptable practice. The PSS needs to go through your direct supervisor to arrange any interviews. Please notify your rep and your supervisor if you are contacted directly by a PSS.

I know this is a ton of info but thanks for reading this far and just save this email for future reference.

NCEPT Briefing

One last thing - just a reminder that there is a briefing this Thursday (5/12) at 9am on the NCEPT program. Ryan O’Hare from ZDV is our National NCEPT lead and there are few people more knowledgeable about one specific thing than this guy is about NCEPT. Please join up if you have the time and want to learn about the process of ERR-ing and getting released to go to another facility. He will cover the staffing workbook, priority placement tool, and how deviations work. There will also be a Q & A. The link to join is HERE.

Have a great rest of your week!

Drew

503.593.8178

Facility Update May 2nd

All Members Meeting

We know the where and the when but we need some topics for our next meeting. Please send us some things you’d like to talk about in our next meeting. It’ll be at Rail Hop’n Brewery on May 23rd at 3pm. We will be there around 2:30 setting up and you’re welcome to show up then too. There will be food and non-alcoholic drinks provided by us but if you want to purchase a drink from the proprietor, they will be there for that as well. This is our first off site meeting since covid started so it’ll be nice to get back to that. There will not be a Teams option this time though.

Upcoming Construction

There will be a lot of changes around the facility shortly, a lot that have to do with ensuring the building meets ADA requirements for accessibility. The parking lot will be repaved and some disabled parking spots will be added/moved. The other major change coming up is to change out the doors to the control room. To reduce noise and ensure the control room stays secure, they will be building a temporary wall with a door at the top of the ramp next to the OM desk prior to replacing the other doors.

Save The Date

We will be hosting a Solidarity event July 13th. It will be an Argosy Cruise along Lake Washington/Lake Union starting at 6:30 for 3 hours. Food and drinks will be provided. This event coincides with the NEB meeting in Seattle on July 13-14. In the pre-covid era, there has usually been a solidarity event for each area they go to. This is a great opportunity to be able to talk with the national leadership without having to travel to a class or other event out of town. Seattle Tower/TRACON, Boeing and Paine Towers will be there too. Children are definitely not excluded but there won't be really activities for them. Also, since July has a good probability of not being garbage weather, this would be a nice date night. This will be a blast!

Amy Sizemore

Facility Update April 22nd

NATCA Professionalism Award

NATCA is taking submissions for the Professionalism Award. We’re looking for people that should be recognized for the awesome work they do every day. This only takes a minute, please consider nominating your co-workers HERE. Here are the details from National:

Who do you work with that inspires, motivates, and demonstrates professionalism? Nominate your peer for the National Professionalism Award presented by the Professional Standards program at Communicating for Safety. A winner will be selected from each service area.

Anyone may nominate a member for the award, with no limit on the number of nominations received from a single Facility, Region or Service Area.

Only members in good standing will be eligible to receive the award(s).

DEADLINE: JUNE 1, 2022

Archie League Award

Do you know of any amazing Air Traffic events? We’re still looking for submissions for this year’s Archie League Awards. If it’s within the past two weeks, it’s incredibly easy to submit an event for consideration. Past two weeks, it’s more difficult but not necessarily impossible. Contact your rep for help if you need it. As of right now, there has only been one submission for the entire Northwest Mountain region. There’s only a short time left but the nomination period is for events that have happened between April 17, 2021 and May 1st, 2022. The deadline for submission is May 15th, 2022. Any member may nominate another member for an Archie League Medal of Safety Award. Our 18th annual banquet celebration of the Archie League Medal of Safety Award winners will be held on the evening of Wednesday, Sept. 14, 2022, at NATCA Communicating For Safety 2022 at Bally’s Las Vegas. More info and submission link HERE.

Communicating For Safety

NATCA announced that registration is open for Communicating For Safety (CFS) 2022! It will be in Bally’s Las Vegas on Sept. 12-14 to bring together our members, representatives from the FAA, and leaders of the aviation community to discuss an array of safety and modernization topics. The agenda is still being finalized but will include engaging panels and again make this the aviation industry’s leading conference about safety, technology, and building relationships. Since this is a NATCA/FAA joint conference, EA is available. The National policy for CFS is on the link below and also our local budgets funds for this every year and reimburses airfare and food. CFS is a great opportunity, please try to take advantage of it. Also, I believe there are three different forms to fill out for CFS, make sure to do them all but as always, let us know if you have questions. After you have filled out the National Excused Absence Form, please turn it in to the OM and ensure they mark it with a time and date.

CFS Website Link

Important Dates:

July 20: On or before this date, NATCA members must be on the national excused absence request list. Local request forms should also be in by this time. For a local request form, please click here.

Aug. 15: Refunds will no longer be provided for registration fees or extra tickets for the Sept. 14 Archie League Medal of Safety Awards banquet.

Sept. 9: 72‐hour hotel cancellation policy is now in effect based on a Sept. 12 arrival. This date is subject to change, depending on YOUR registration arrival date.

Sept. 12: CFS 2022 officially begins at noon PDT. This year, we will have an optional session from 9:30-11 a.m. PDT covering safety and technology updates.

Thank you all for everything you do, the Presidental traffic was very time intensive and you all rocked it!

Amy Sizemore

Facility Update April 14th

We had a very productive two days in Sacramento for the Northwest Mountain and Western Pacific joint regional meeting. I’ll attach the notes to this email but Drew and I would like to first talk about a subject that affects us all. 

Background Info: 

In 2012, there was a national team formed and named the Collaborative Resource Workgroup (CRWG). The primary focus of this group is to assess the staffing numbers at each facility in the NAS to ensure they are accurate. The are a total of 13,054 controllers nationally and the way staffing works is a zero sum game, meaning if one facility gains then another facility loses but the total stays the same. The CRWG has been paused for the last two years but has recently started meeting again.

From Drew:

I wanted to touch on something that Amy has discussed in previous updates that I feel is going to be the flavor of the week for a while. Mgmt has really started pushing opening sectors regardless of whether or not the traffic warrants it. Or “staffing chairs” as many like to call it. I know this can be deeply frustrating, especially when it means that what was going to be an hour-long stint on sector will now be 1+45 and it will be spent doing nothing. As we are coming out of COVID staffing and traffic, the CRWG has begun to meet again. This is a group that is going to help determine if facility staffing numbers are still accurate. As nice as it may be to have more frequent breaks, it could possibly put our staffing number at risk. Meaning if the bean counters count up all the beans and it looks like we are getting by just fine with the 134 CPCs we currently have, then that is going to be our new staffing number as opposed to our current target staffing number of 165 CPCs. That would be a pretty devastating blow for us long term.

I know there is also a major issue with how TOP is tracked agency wide. That is being worked on and we are doing what we can to have them correct all of that. In the meantime, there are still steps we can take to protect our staffing numbers.

When mgmt is asking you to open a sector that you deem is “dead” here are the things to consider:

• Is this the right sector to be opening? Will this provide the most help in the event traffic does pick up?

• Is this going to cause us to go over 2 hours on position?

• Is this going to cause us to shorten our breaks?

• Is training being terminated to open this sector?

If the opening of a sector that doesn’t have traffic in it causes break shortening or 2 hours TOP or causes someone to not be able to train, then please let your area reps know so they can address it. Try to be as specific as possible so when the area reps pull the times they can see exactly what happened.

To sum it all up, now is not the time to be fighting to have everything all combined up. Now is the time to be doing everything we can to justify our staffing to ensure this is not the new norm.

Just as a reminder though, FLMs/OMs are allowed to run their shift as they see fit. Anything that is a long term change or extends past their shift is changing the working conditions or creating policy and needs to be collaborated/negotiated. Please let your rep know right away if you see this happening. 

Regional Meeting Notes

There were approximately 100 NATCA members in attendance. This meeting was limited to FacReps/VPs or their designees but the next meeting should be advertised and if you’re interested in attending or getting involved, please let us know.

Day 1:

Introductions

Collaborative Leadership

- discussed types of personalities and how to interact with membership

- how to balance and get members involved

Drug and Alcohol Briefing

- discussed roles of all individuals involved in the drug/alcohol testing process

- union requirements checklist (link on NATCA website)

- Treatment Rehabilitation Plan (TRP)

Collaboration panel

- included the NNM RVP Alex Navarro, NWP RVP Joel Ortiz and Jeff Stewart, (FAA) Western Service Area Director of Operations

Safety Briefing

- ATSAP process

- Local Safety Council

- CFS Sept 12-14 (Registration opens April 19)

Legislative Briefing

NATCA in Washington - What are we lobbying for?

- maintain FAA funding and prevent further cuts

- ensure a stable and predictable funding stream

Day 2: 

NATCA Executive Vice President - Andrew LeBovidge (open discussion with members)

- Covid-19 (cleaning, RAs)

- staffing (academy, NCEPT)

- pay increases vs inflation

- upgrades/downgrades post COVID

Article 24/32/34 Briefing

Collaborative Skills Training (CST)

Right from the Start (RFTS)

- identifies issues within a facility that hinder its ability to operate the best way possible

- promotes collaboration between management and NATCA

Facility Rep Training

- Article 2 - Union Recognition and Representation

- Article 6 - Representation Rights (formal discussions between management/union member)

3120.4 - Training Order

Methods to improve ATC skills

- Skill Improvement Training (SIT)

- Skill Development Training (SDT)

- Training Enterprise Application and Management (TEAM) - new electronic system developed to manage training

In Solidarity,

Amy Sizemore and Drew Stewart