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.  

For example (blue above) if you are a Developmental 2 at an (ATC 11) facility you would currently be earning $69,112.  Your old target pay (upon certification) was $98,731.  Since the your new ATC 11 band minimum has been reduced by 31.73% under the Agency imposed pay plan, to $67,400, you will not receive any increases for the completion of your remaining training stages since you are already at or above your “projected base pay” or new band minimum.  That is a pay cut of $31,331 dollars per year.  Figure this pay cut out over 25 years and then multiply that times your cut in benefits not received due to this reduced pay.  Benefits for new hires are determined under the Federal Employee Retirement System (FERS) and amount to an additional 53.81% of your total compensation.  The total reduction in pay and benefits is well over 1 million dollars for each new hire. 

From the Agency 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…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.”

 Additionally, the latest offer from the Agency drastically changes Developmental progressions for our Air Route Traffic Control Center (ARTCC) employees; which employ over half of the controllers in the United States and it’s Territories.  Check out the Agency imposed pay rules and look at how you know go from AG to Dev 1.  Under current rules for Developmentals you would receive training stage pay increases to the Developmental 1 level after certifying on the A-sides and Area Study, Developmental 2 after certifying on 2 Radar Associate Positions, Developmental 3 after certifying on two Radar Positions and CPC with all positions.  Under Agency 4 imposed they now propose for an area with 8 Radar/8 Radar Associate Positions (total of 16 positions) ) you will have to wait until you get 4 positions to even get to Dev 1 from Academy Grad, then 8 positions to get to Developmental  2 and 12 positions to get to Developmental 3.  Why?  Simple they want to certify you on 2 Radar Associate Positions and 2 Radar Positions and have you sit…usable to them and only paid at the Dev 1 pay level another drastic cut in pay ($40,625 vs $83,921) for the same work performed yet they say; “they want to pay you for what you do.”

So you can be a Developmental 1 working two D-sides and 2 Radars (in an area with 8 Rs and 8Ds) and finally leave the Academy Graduate (AG) pay band and go all the way to Developmental 1 and make $40,625 (at an ATC 11) per year.  Anyone remember Structured Staffing?

7. Offer letters aka the Agency is protected from Administrative Errors

I have been selected and signed an offer letter dated 3/24/06 to transfer from ATC-7 to ATC-12.  The letter states a dollar figure as my salary as 50% of my raise and that upon certification the salary will be adjusted by the remaining 50%. 

Due to short staffing at my current facility, my release date is May 2007.  If the pay rules are imposed, what is the expectation for myself and others waiting to be released and the pay raises?  Can the agency be expected to fulfill the job offer as described or could I be stuck with the new pay bands?

Thanks for an interpretation!  I need to know whether to look for other work.  I don't think I can stick around under these conditions for 17 years if my pay is frozen. 

This all depends on if you go before or after these new rules are in place and if you fit in the new band or not if you go after.  If you go after and fit in the new higher level pay band:

From Agency imposed Article 108 6a:

and don't forget 6d:

 (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.

and Section 5:

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.

8. The January increases are NOT guaranteed-  

The consensus seems to be that instead of actual raises each year, that we will get a lump sum payout equal to the amount the raise would have been. So here's a question.

Using easy numbers...Say my base is $100,000, and the president authorizes a raise of 3%. My base then goes to $103,000 (under the old system). In the new system, I get a check for $3000 less taxes (I assume). Year 2......President authorizes another 3% raise. Under the old system, my base increases to $106,090. Now, under this new system do I get a check for $6090, or just the 3% added to my base of $100,000 (which apparently will never change again). If this is the case, we are going to rapidly end up way behind.

I hope I accurately described my concern. It's bad enough that they're doing the lump sum thing (thus screwing us out of retirement benefits), but I sure hope they're planning on making these raises cumulative from year to year. Otherwise, they're just giving us the same raise added to the same base pay each year.

Under the Agency imposed pay rules (see the word document here) there is not a direct correlation between the Presidential Pay raise (General Increase or GI) and the Agency's imposed  Organizational Success Increase (OSI) for lump sums or pay increases (that is increases for the 370 people nationwide that are in their imposed pay bands).  There is no date determined in advance on when, if any, it will be paid.  There are no pay retention provisions (half in base pay and half in lump sum) as there are for the rest of the government.

Under Core Compensation rules (that can be changed) the presidential raise (General Increase) and 1% of the step pool (the step pool is 1.6%) is put in into the Agency's OSI (Organizational Success Increase) pool.

The Administrator then decides how much, if any, of the OSI to pay based on Core Compensation Goals.  Sometimes they pay it all and sometimes they pay a portion of it (i.e. 85%).  The date and how it's paid is left to the discretion of the Administrator.  This OSI is then paid to "eligible" employees.  

They will probably pay it out before the Locality rates change (the first full pay period in January) so they don't have to pay the higher locality on the OSI. 

The other part of the step pool (.6%) is paid out as a Superior Contribution Increase (SCI) based on individual contributions (good ol boy system) with 20% getting 1.8%, 45% getting .6% and 35% getting zero...you must also meet eligibility requirements to be considered for the Core Comp SCI.

Neither moves the pay bands.   The pay bands only move at the Administrator's discretion.  They have moved twice in the last 8 years.

Many people are confusing our old system (which had Agency OSI or the General Increase whichever is higher) with their imposed determination for the new OSI.

If you see their imposed Article 108 section 8 it makes no reference to the Presidential Increase...it says:

"Section 8.  The Organizational Success Increase (OSI) is an annual performance pay increase granted to employees, based on how well the Agency meets its performance goals.  OSIs are administered in accordance with this Article and the Agency’s Core Compensation Plan.  

1. After the end of the performance year, the Administrator assesses the performance of the Agency against the organizational goals and makes a final OSI determination.  Based on the assessment, the Administrator will determine whether to grant the entire available OSI pool for total success or a portion of the pool for partial success as the final OSI. 

2. An OSI will be added to base pay on a date determined by the Administrator.  If the employee’s base pay is at or above the band maximum, the OSI will be paid as a lump sum payment.  If the OSI amount would cause the employee’s base pay to exceed the band maximum, the employee will receive a base pay increase up to the band maximum and the remainder as a lump sum payment.

3. The following employees are ineligible for an OSI.  Employees that:

(1)  have less than 90 days in a pay status with the FAA in the performance year.

(2)  were on an Opportunity to Demonstrate Performance (ODP) at the end of the performance year.

(3)  were unsuccessful in completing an ODP during the performance year.

(4)  received an unsuccessful performance rating.

(5)  received a suspension, reduction in grade or pay for conduct or performance, or issued a removal decision letter during the performance year.

(6)  were decertified as a result of a performance deficiency during the performance year."

9. Involuntary transfer to same/lower level facility, save
   pay.  Involuntary transfer to a higher level facility,
   pay cut if above the band.  This would be funny if not
   so absolutely ridiculous!
   

You are correct sir.  Section 6a from Agency imposed pay rules:

"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 are met.  An employee’s base pay shall not exceed the top of the ATSPP pay band of their new facility."

That's what happens when pay rules are written by supcom and the bean counters...I can't tell you how many times at the table we heard..."we hadn't thought of that."

10. I have voluntarily transferred to D10 from ZFW, I will be considered a CPC in training when the new pay bands go into effect in 60 days (assuming nothing changes). Under the FAA proposal, as a CPC in training, my pay will be adjusted to the top of the new level 12 pay band, which is $104,500. That is a $32,050 pay cut for me...?

While the Agency imposed language is very poorly written section 3B states:

"3 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."

This seems to be speaking to those that transferred to a higher level (and have a stored amount).  We asked them about this in their second proposal and they said "it wasn't their intent to cut their pay".  We asked them again in the third proposal and they said "it wasn't their intent to cut their pay".  We asked them last Wednesday about 10 minutes before they declared impassse and walked out and they said "it wasn't their intent...but they would not explain why they had yet to change the language to capture their intent.  In a grievance forum you can't get to intent if you can't get passed the written word.

11. I have accepted a bid to flow control in the same facility.  If I go I become a TMC-IT.  What happens to my pay when I certify?

The plain language says you would take a pay cut when you certify if you are a TMC-IT when the FAA Imposed pay rules take affect.  If you go after the FAA Imposed pay rules take affect section 3 and section 6b would apply:

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.