All,

I just wanted to send a quick update to wish everyone a happy holiday season and to let everyone know that both Amy and I are on annual leave for the next week. I will be back in the building on Wednesday, December 28th, and Amy will be back on Monday, January 2nd. As always, we are available in case of emergency and to the best of my knowledge, all of your area reps are still going to be around as well.

There is potential for some hazardous weather conditions in the coming weeks as well, so here is a quick refresher on how Article 19 is to be utilized. First, here is the exact wording:

Section 1. Given the essential nature of FAA responsibilities, employees are expected to make a reasonable effort to report for work during hazardous geological/weather conditions between the employee's home and their duty location; however, they are not expected to disregard their personal safety or that of their family. All employees who are unable to report for duty shall notify their facility as soon as possible. Employees who are unable to report for duty shall be granted excused absence at the time of their request, subject to the review process in Section 2. If requested, employees shall provide information that supports their request for excused absence as soon as feasible after returning to duty.

Examples of information are:

a. oral or written statements;

b. conditions that the employee encountered;

c. a synopsis of efforts made;

d. other information which provides an explanation or which shows hazardous geological/weather conditions prevented the employee from reporting to the facility or compelled the employee to safeguard his or her family against such phenomena.

Section 2. When deciding to sustain or rescind excused absence(s) granted in Section 1, the Agency, during joint review with the Union, shall consider reports from the employee, civil authorities, current meteorological information, news media, official road reports, leave approvals, reduced staffing, or closings at other area government facilities.

Section 3. When the Agency at the local level, after consulting with the Union, determines that hazardous geological/weather conditions exist or are imminent, on-duty bargaining unit employees shall be released as soon as possible, as staffing and workload permit. Volunteers to remain on duty shall be utilized to the extent possible.

Section 4. The Agency retains the right to determine the opening, closing, and use of its facilities during periods of hazardous geological/weather conditions. Subject to security and operational needs, the Parties at the facility may review existing facility emergency readiness plans and, to the extent appropriate, negotiate supplemental procedures addressing the work and family safety concerns of employees during such hazardous conditions.

Section 5. At facilities not in continuous operation, the Parties at that level shall negotiate procedures that employees shall use to notify the Agency in the event that they are unable to report on the opening shift. The procedures shall also establish the method the Agency will use to notify employees in the event that they are not required to report for duty due to hazardous geological/weather conditions.

Section 6. Issues arising from employees who chronically are unable to report to work during these conditions will be addressed utilizing the provisions of Articles 8 and/or 52 of this Agreement prior to more formal measures being initiated.

Ok so now let’s dig in on a few key points there. First off, it says you are required to make A REASONABLE EFFORT. Notice that is not plural and it does not say “every” reasonable effort. That means you are not required to keep trying every hour to see if you can make it. You give it a reasonable effort and then you make the call. The agency tends to read this differently so be prepared for some resistance but know that you are right and contact your rep if necessary. Next, notice that the excused absence SHALL BE GRANTED. If later they choose to conduct a JOINT REVIEW WITH THE UNION then it is possible it could be rescinded. However, as long as you are being reasonable and responsible, we will be able to make that argument on your behalf. The agency does not have the right to make unilateral denials of this request. And lastly, Section 3 gives the agency the ability to cut you loose earlier if conditions are worsening and it would be prudent to send you home. Remind them that while the early release provision is staffing and workload permitting, the approval is a “shall.” If you make a request and you feel it is unreasonably denied, contact your rep immediately. I will add that in the past, the agency has been pretty reasonable with early release in the case of heavy snow/ice.

Any questions on this, please don’t hesitate to contact your reps.

Happy Holidays and stay safe out there!

Drew

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