Hardships

doodii said:
I thought the Agency has ultimate say (per what everyone has told me). But, of course, NATCA has their dicks in everything.

CoLLabOrATiOn
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Well that is kind of the point of the contract and Article 2 Union Recognition and Representation spells it out. It's up to the "Service area" which consists of Service Area Director for the affected facility(s) or a designee and the Union Regional Vice President or a designee.
 
Can an Article 99 hardship be used for a stepparent? Or will they only consider Biological parents?
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From Article 26:

"For the purposes of this
Agreement, "family" is defined as the employee's father, mother, son,
daughter, brother, sister, grandparent, grandchild, uncle, aunt, cousin,
nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, step-
father/mother/sister/brother/son/daughter, half-brother, half-sister, life or
domestic partner, and in loco parentis.

In loco parentis is defined as any individual who has day-to-day
responsibility for the care and financial support of a child or, in the case
of an employee, who had such responsibility for the employee when the
employee was a child. A biological or legal relationship is not necessary."

Article 99 says "dependent parent," but I'm sure you can argue the "in loco parentis" by citing the CBA's own definition.

You'd most likely (definitely) have to provide lay statements from a few family members saying this step-parent fits the criteria listed above. For example, my dad (step-dad) married my mom in '97 when I was nine years old (I'm 35 now) and assumed the role of dad. It would be very easy to obtain documentation regarding that and I'd probably provide a marriage certificate as well.

Hope this helps.
 
If you get assigned a facility after being hired. Can you hardship immediately upon getting to the facility to be closer to your children?
 
It’s fairly common during divorces and child custody issues. If your kids were involuntarily moved across the country. That is a definite hardship
 
If it was divorce settlement, then they would likely argue that wasn’t voluntary since you agreed to it. It would have had to have been ordered the the court or something else to that effect.
 
EMTATCT said:
If you get assigned a facility after being hired. Can you hardship immediately upon getting to the facility to be closer to your children?
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The worst they can say is "no," then explain why it was denied. Then, use that information and go from there.

Devil's Advocate: I can see why other folks are stating, "You signed the dotted line well knowing..." Unless the verdict occurred after you signed, you'd have difficulty arguing your case to hardship.

However, I still think you should submit and try to keep optimistic. My firstborn comes in July; I couldn't imagine not being around him.

Best of luck.
 
Figured I could get some help here. I’ve been battling with a hardship for my wife for a few months and it eventually got denied at the Service Area. I got the memo with the denial, but it was very generic, with the FAA person saying he didn’t concur it fit under A99, section 2. My wife’s doctor and NP wrote awesome two page letters using the a99 verbiage and descriptions of what she goes through. I included referrals of what my wife will need for treatment per her doctor (multiple appointments a week until further notice from different clinics, one which is around 1.5 - 2 hours away one way drive). I asked the hardship rep what was needed and he said they wanted a treatment plan from just 1 of 3 places she is getting treatment from, but didn’t say what they wanted in it. I got told I could just take sick leave for her appointments or use FMLA. I asked about the one clinic that’s 2 hours away that gave a treatment plan and the question was dodged and just circled back to the one facility not providing a treatment plan.

I played devil’s advocate and I can see why a hardship wouldn’t and shouldn’t be approved if you’re going once a month, but the referral and originating doctor’s note says otherwise, with the phrase “required to move to obtain health services…[a99 verbiage]”. The receiving clinic they want a plan from even wrote a small letter saying we can’t provide a treatment plan because it could break patient doctor confidentiality. It stinks a99 is so vague, cuz it doesn’t state any detailed requirements about appointment frequency and duration, etc. I’m tired of having to continue to provide new(er) documentation each time I submit. It’s feeling like I’m about to just move to the location she’s getting treatment and bite the bullet with the drive to my facility until the hardship round table finally decides they want to approve a hardship that my hardship rep said was legit but needed the treatment plan. Or worse, resign and reapply. Family is most important to me and i value it a lot, like anyone should. My buddy got his hardship approved for his kid with 5x less documentation or pushback than I’ve gone thru. His area didnt even ask for treatment plans and just went off one doctors note. I feel like the fear of retaliation from NATCA and the FAA has its hold on me if i argued with them for denying it. My tail feels tucked and I’m just gonna continue to be pushed around with the goalposts being moved.

Sorry for the long post, but I’m exhausted and it sucks seeing my wife continue to suffer while someone rolls the dice and decides an approval. Any encouragement or advice would be helpful if anyone sees this.
 
Blockairspaceisfake said:
Figured I could get some help here. I’ve been battling with a hardship for my wife for a few months and it eventually got denied at the Service Area. I got the memo with the denial, but it was very generic, with the FAA person saying he didn’t concur it fit under A99, section 2. My wife’s doctor and NP wrote awesome two page letters using the a99 verbiage and descriptions of what she goes through. I included referrals of what my wife will need for treatment per her doctor (multiple appointments a week until further notice from different clinics, one which is around 1.5 - 2 hours away one way drive). I asked the hardship rep what was needed and he said they wanted a treatment plan from just 1 of 3 places she is getting treatment from, but didn’t say what they wanted in it. I got told I could just take sick leave for her appointments or use FMLA. I asked about the one clinic that’s 2 hours away that gave a treatment plan and the question was dodged and just circled back to the one facility not providing a treatment plan.

I played devil’s advocate and I can see why a hardship wouldn’t and shouldn’t be approved if you’re going once a month, but the referral and originating doctor’s note says otherwise, with the phrase “required to move to obtain health services…[a99 verbiage]”. The receiving clinic they want a plan from even wrote a small letter saying we can’t provide a treatment plan because it could break patient doctor confidentiality. It stinks a99 is so vague, cuz it doesn’t state any detailed requirements about appointment frequency and duration, etc. I’m tired of having to continue to provide new(er) documentation each time I submit. It’s feeling like I’m about to just move to the location she’s getting treatment and bite the bullet with the drive to my facility until the hardship round table finally decides they want to approve a hardship that my hardship rep said was legit but needed the treatment plan. Or worse, resign and reapply. Family is most important to me and i value it a lot, like anyone should. My buddy got his hardship approved for his kid with 5x less documentation or pushback than I’ve gone thru. His area didnt even ask for treatment plans and just went off one doctors note. I feel like the fear of retaliation from NATCA and the FAA has its hold on me if i argued with them for denying it. My tail feels tucked and I’m just gonna continue to be pushed around with the goalposts being moved.

Sorry for the long post, but I’m exhausted and it sucks seeing my wife continue to suffer while someone rolls the dice and decides an approval. Any encouragement or advice would be helpful if anyone sees this.
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Get a lawyer. The faa always loses in court.
 
Blockairspaceisfake said:
Figured I could get some help here. I’ve been battling with a hardship for my wife for a few months and it eventually got denied at the Service Area. I got the memo with the denial, but it was very generic, with the FAA person saying he didn’t concur it fit under A99, section 2. My wife’s doctor and NP wrote awesome two page letters using the a99 verbiage and descriptions of what she goes through. I included referrals of what my wife will need for treatment per her doctor (multiple appointments a week until further notice from different clinics, one which is around 1.5 - 2 hours away one way drive). I asked the hardship rep what was needed and he said they wanted a treatment plan from just 1 of 3 places she is getting treatment from, but didn’t say what they wanted in it. I got told I could just take sick leave for her appointments or use FMLA. I asked about the one clinic that’s 2 hours away that gave a treatment plan and the question was dodged and just circled back to the one facility not providing a treatment plan.

I played devil’s advocate and I can see why a hardship wouldn’t and shouldn’t be approved if you’re going once a month, but the referral and originating doctor’s note says otherwise, with the phrase “required to move to obtain health services…[a99 verbiage]”. The receiving clinic they want a plan from even wrote a small letter saying we can’t provide a treatment plan because it could break patient doctor confidentiality. It stinks a99 is so vague, cuz it doesn’t state any detailed requirements about appointment frequency and duration, etc. I’m tired of having to continue to provide new(er) documentation each time I submit. It’s feeling like I’m about to just move to the location she’s getting treatment and bite the bullet with the drive to my facility until the hardship round table finally decides they want to approve a hardship that my hardship rep said was legit but needed the treatment plan. Or worse, resign and reapply. Family is most important to me and i value it a lot, like anyone should. My buddy got his hardship approved for his kid with 5x less documentation or pushback than I’ve gone thru. His area didnt even ask for treatment plans and just went off one doctors note. I feel like the fear of retaliation from NATCA and the FAA has its hold on me if i argued with them for denying it. My tail feels tucked and I’m just gonna continue to be pushed around with the goalposts being moved.

Sorry for the long post, but I’m exhausted and it sucks seeing my wife continue to suffer while someone rolls the dice and decides an approval. Any encouragement or advice would be helpful if anyone sees this.
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Lawsuit
 
Blockairspaceisfake said:
The receiving clinic they want a plan from even wrote a small letter saying we can’t provide a treatment plan because it could break patient doctor confidentiality.
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this is where this entire story loses me. You have the right to waive this as a patient, if you are telling them that they are allowed to, they can. its as simple as that. if you ask for a treatment plan for yourself, so you can provide it with your hardship, they will give it to you.

there is no reason you should be unable to attain this.

good luck with the lawsuit.
 
Ad1234 said:
this is where this entire story loses me. You have the right to waive this as a patient, if you are telling them that they are allowed to, they can. its as simple as that. if you ask for a treatment plan for yourself, so you can provide it with your hardship, they will give it to you.

there is no reason you should be unable to attain this.

good luck with the lawsuit.
Click to expand...
I didn’t know this. This is why I asked here. Thanks AD.
 

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