Here is a short interview done at the convention concerning pay setting under the Agency imposed pay rules.  Thanks to the .net team for their work and contributions at Boston.

You can help restore fairness to this process----->>>>>

The three step process:

1. Ask your pay setting questions to your manager, have them put their answers in writing (understand they are protected from administrative error if their answer is wrong).  
2. Call your congress person and ask your regional legislative people if you can help...volunteer your time.  
3. Check out these answers and let me know how they compare to the ones you get from your managers.  Keep in mind we cannot write their "intent."

Frequently Asked Questions...there are many considering the Agency's imposed pay rules was written by people who never implemented a pay system.  The focus seems to be on putting everyone in lower bands and saving 2 billion dollars over 5 years...here's the FAQs.

1. CPCs -

In section 3 of the proposed Article 108, it says that
employees who are above the pay band will keep their current
pay. Does this mean that current controllers will ACTUALLY
keep their current pay (obviously excluding CIP and CIC).
Or is there some hidden language that I'm just missing in
there?

CPCs keep their base pay but their pay and benefits are most likely frozen for the remainder of their careers. 

Look at their proposed pay bands vs our current band minimums...each and every ATC 4-11 CPC is above their imposed band maximums, in fact there are only 370 people that are NOT above their imposed bands. 

2. Band Movement-

  How do these Agency imposed pay bands that have been lowered by 30 plus % catch up to the rest of the Government?

Don’t confuse our current Organizational Success Increase (OSI) with the OSI under the Agency imposed pay rules.  The Agency imposed pay bands DO NOT MOVE with the OSI.  From the Agency imposed pay rules:  “Section 7.  Pay bands shall only be adjusted at the Administrator’s discretion in accordance with Core Compensation policies.”  Under Core Compensation they have adjusted them twice in 8 years. 

It’s a common theme in this pay plan and in Core Compensation.  Move employees into Core Compensation pay bands that are below their old GS pay bands so they don’t get anymore pay increases.   For the rest of the Government, under the Office of Personnel Management (OPM) controlled General Schedule (GS) pay bands, the pay bands increase each year, effective the first full pay period in January,  to reflect the higher cost of living (General Increase or GI).  The rest of the Government also receives a “step increase” averaging 1.6% movement through the GS pay bands.  Under the Agency imposed pay bands, that are now up to 30% lower, the bands do not move unless the Administrator determines they need to be adjusted.  These pay bands have only been adjusted upwards twice in the last 8 years.

3. Downgrades - 

Anyone have an opinion on how a facility that has recently been downgraded would be effected.  About 3 months ago we were downgraded from an ATC10 to an ATC9.  We are currently in "save pay". under the existing pay rules.   Would this be out the window with an imposed contract.?

Save pay and save grade are gone under the FAA's imposed pay rules:  "Section 3.  All employees in the AT Pay Plan on the effective date of this Agreement shall be converted to the appropriate/corresponding ATSPP pay band based on their facility’s ATC level on the date this agreement becomes effective.  Any employee whose base pay exceeds the pay band maximum for his/her facility shall retain their current base pay."

 The one's who really get hammered are the Developmentals who immediately drop to the lower level.

4. Transfers after the Agency imposed rules go in effect -

I am in the middle of the ATC-10 pay band and I am in the process of transferring to an ATC-9 facility, when I get there do I keep my current pay or do I go to the top of the new proposed band?  This transfer is a mutual swap, under the proposed agency contract are mutual swaps still allowed or will they be done away with?

Agency 108

Section 6.  The following rules apply to bids, voluntary and involuntary transfers to any Bargaining Unit position covered by this Article:

1. For bids, voluntary and involuntary transfers to a higher ATC level facility/area, the Agency may increase the base pay from 0% to 15% upon certification in their new facility/area.  At a minimum the increase shall be to the bottom of the new pay band.  Pay remains unchanged until Developmental Pay Progressions (D1, D2, D3 and CPC/TMC/TMS) identified in Section 5 above are met.  An employee’s base pay shall not exceed the top of the ATSPP pay band of their new facility. 

 

2. For bids and voluntary transfers to a lower or same ATC level facility/area, base pay remains unchanged provided it falls within the new ATSPP pay band.  If current base pay is higher than the top of the new ATSPP pay band, base pay shall be set at the top of the new band.

 

3. For involuntary transfers, through no fault of the employee, (i.e. directed reassignment) to the same or lower ATC level facility/area, base pay remains unchanged.  Future increases will be in accordance with Section 8 of this Article.

 

4. Failure to achieve full certification may result in termination of employment in accordance with Agency directives.  If the employee fails to achieve full certification and is retained by the Agency, pay will be set as follows:

(1)  If the employee is subsequently placed in the same level facility/area in which they were previously certified, their base pay will be set as though the employee never left their original facility/area.

 

(2)  If the employee is placed in a lower level facility/area than where the employee was previously certified, base pay will be set as though they never left their original facility; however, pay shall not exceed the top of the ATSPP pay band for the employee’s new facility/area.

 

Nothing in this Section shall preclude the Agency from utilizing any tools to attract qualified candidates, including but not limited to allowing former Air Traffic Pay Plan employees, whose pay exceeds the ATSPP pay band, to continue to remain above the pay band.  These incentives shall be contained in the vacancy announcement, if applicable.

and from section 5

Failure to achieve certification or to meet probationary period requirements may result in termination of employment in accordance with Agency directives.  Should the employee be terminated and subsequently rehired, their base pay will be set at the AG Band with subsequent increases earned in accordance with Section 4, as if this were their first facility in the Agency.

See the bottom of FAQ 5 for some suggested letters for your manager:

5. CPC-IT/TMC-IT (transferred already) -

I am in the middle of the training program at L30 (ATC-11 pay band).  I transferred from an ATC-8 facility (SBA) and between the greater locality and CIP, I took approx. 5K pay cut to come here with the promise of 6.7% (half now, half upon CPC).

With my first half increase, and without locality, it appears that I am already at the pay band maximum under the ATSPP.

The Agency pay proposal under CPCs-In-Training states: CPCs-IT in the AT Pay Plan on the effective date of this Agreement shall receive the remaining portion of the “stored amount” when they become fully certified in their new facility, up to the maximum of the ATSPP pay band for that facility; however, in no event shall their pay exceed the maximum of the ATSPP pay band for their respective facility.   I just answered my own question.  And I don't like the answer...

This one is one of the most painful questions...people have moved across country (some to higher levels) under the rules in place at the time with no knowledge of this adverse proposal.  The Agency imposed pay rules (3b) contradicts itself.  It says you'll convert, retain your pay, and get your remaining stored amount.....but it doesn't say "...stored amount up to the top of the band..."it says "in no event shall their pay exceed the top of the band."

It's written poorly and we are not in a position to tell you how they will apply it.  At the table we asked them about that language....I used Mike Hull as an example...I asked: "...when Mike certifies will he take a pay cut to the top of the band?"  Rick Ducharme answered: "we hadn't thought of that, that wasn't our intent".  They then gave us 3 more proposals with the same language in them.

As you know you can't get to intent in an arbitration unless the written word doesn't cover it.  I would like to think they would honor their promises and pay the second half in full.   However, I believe when it's all said and done they will pay the second half up to the new band max; there is one rule that rings through these imposed pay rules and all of Core Comp CAPPED AT THE TOP OF THE PAY BAND.  Also consider if they don't cap you they will have to track CPC-ITs for years under these rules.  They may take the easy way out and cap everyone.  All I can suggest is you ask you manager to put it in writing and while your at it write your congress person about your issue.

From the Agency imposed pay rules (red emphasis added)

"Section 3.  All employees in the AT Pay Plan on the effective date of this Agreement shall be converted to the appropriate/corresponding ATSPP pay band based on their facility’s ATC level on the date this agreement becomes effective.  Any employee whose base pay exceeds the pay band maximum for his/her facility shall retain their current base pay. 

b.      CPCs-In-Training (CPCs-IT), TMCs-In-Training (TMCs-IT) and TMSs-In-Training (TMSs-IT) in the AT Pay Plan on the effective date of this Agreement shall receive the remaining portion of the “stored amount” when they become fully certified in their new facility, up to the maximum of the ATSPP pay band for that facility; however, in no event shall their pay exceed the maximum of the ATSPP pay band for their respective facility.

Section 5.  All new hires, rehires or employees transferring after the effective date of this Agreement will transition through the applicable Developmental stages as outlined by Agency directives.  For pay setting purposes, employees will be paid the following percentages of the difference between their current pay and their projected base pay as they successfully complete each stage.  Developmental-1 (D1) shall be 25%, Developmental-2 (D2) shall be 50%, Developmental-3 (D3) shall be 75% and CPC shall be 100% or band minimum, whichever is greater.

Failure to achieve certification or to meet probationary period requirements may result in termination of employment in accordance with Agency directives.  Should the employee be terminated and subsequently rehired, their base pay will be set at the AG Band with subsequent increases earned in accordance with Section 4, as if this were their first facility in the Agency."

What happens after these rules are in effect is pretty clear...I've only posted the transfer to a higher level here...;read the whole section for the details...transfer to a higher level and take a 30% pay cut anyone??? 

Section 6.  The following rules apply to bids, voluntary and involuntary transfers to any Bargaining Unit position covered by this Article:

1. For bids, voluntary and involuntary transfers to a higher ATC level facility/area, the Agency may increase the base pay from 0% to 15% upon certification in their new facility/area.  At a minimum the increase shall be to the bottom of the new pay band.  Pay remains unchanged until Developmental Pay Progressions (D1, D2, D3 and CPC/TMC/TMS) identified in Section 5 above are met.  An employee’s base pay shall not exceed the top of the ATSPP pay band of their new facility."

Here are two suggested letters for you to edit (change the red text to fit your situation), print and deliver to your manager.  These letters were written based on the intent provided by the Agency at the table.  There are two letters the first is for a CPC-IT that transferred to a higher ATC level prior to the Agency imposed pay rules being applied.  The second is for a CPC-IT that transferred to the same or lower ATC level prior to the Agency imposed pay rules being applied.

See the bottom of FAQ 6 for some suggested letters for your manager:

6. Developmentals-

For those of us who are still Developmentals, does the Agencies plan mean that we will continue to receive pay increases under the current pay plan until we hit the new pay band max?  For example, under the current pay system once I complete D2 I would get X; would I still get X under the new proposal?  Or, since my current base is above the amount proposed for D2 under the proposed plan would I not even get a raise.?

 Their language is not written very clearly.  Section 3 states in part:

"All employees in the AT Pay Plan on the effective date of this Agreement shall be converted to the appropriate/corresponding ATSPP pay band based on their facility’s ATC level on the date this agreement becomes effective."

3 a. says:      "Developmentals in the AT Pay Plan on the effective date of this Agreement shall progress through the developmental pay levels (D1 through CPC); however, in no event shall their pay exceed the maximum of the ATSPP pay band for their respective facility." 

then section 5 says:  "...For pay setting purposes, employees will be paid the following percentages of the difference between their current pay and their projected base pay as they successfully complete each stage.  Developmental-1 (D1) shall be 25%, Developmental-2 (D2) shall be 50%, Developmental-3 (D3) shall be 75% and CPC shall be 100% or band minimum, whichever is greater."

Section 5 seems to deal with new people (but it is the only place they mention pay setting rules).  

I believe this will be handled one of two ways.  

1)  Either they will "grandfather" Developmentals and allow them to get to the old CPC band min, capped by the top of their new band maximums (but that would mean they would have to identify and track everyone for years....or 

2)  HR will apply it this way:

If you are currently a Developmental in training at your first Air Traffic facility and your current pay falls within the Agency imposed pay bands for a CPC; you will receive no pay increases for the remaining training stages that you were promised upon your acceptance of this career.