HD Pay

EK

Member
FAA
Messages
6
Facility
ZNY New York Center
I don't understand why there hasn't been a push for us to get hazardous duty pay?

What does the contract say?

Article 81 Hazardous Duty Pay
Hazardous duty pay differential(s) SHALL be paid by the Agency in accordance with 5 CFR Part 550, Subpart I.

What does 5 CFR Part 550, Subpart I say?
An agency shall pay the hazard pay differential listed in appendix A of this subpart to an employee who is assigned to and performs any duty specified in appendix A of this subpart. However, hazard pay differential may not be paid to an employee when the hazardous duty or physical hardship has been taken into account in the classification of his or her position, without regard to whether the hazardous duty or physical hardship is grade controlling, unless payment of a differential has been approved under paragraph (b) of this section.

What does appendix A say?
It lists numerous situations where the Agency SHALL pay HD pay.
Section 5 pertains to our current situation.
(5) Virulent biologicals. Materials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection.

I feel this clearly the situation we are currently in and until we enter Phase 3 of the Presidents back to work guidelines, we should be getting HD pay.
 
I’m a little surprised too it haven’t been seriously discussed. By serious I mean addressed by NATCA that they are at least putting a formal inquiry into it. Maybe it will happen later, they might not want to rock the boat during all this collaboration regarding schedules.
 
I don't understand why there hasn't been a push for us to get hazardous duty pay?

What does the contract say?

Article 81 Hazardous Duty Pay
Hazardous duty pay differential(s) SHALL be paid by the Agency in accordance with 5 CFR Part 550, Subpart I.

What does 5 CFR Part 550, Subpart I say?
An agency shall pay the hazard pay differential listed in appendix A of this subpart to an employee who is assigned to and performs any duty specified in appendix A of this subpart. However, hazard pay differential may not be paid to an employee when the hazardous duty or physical hardship has been taken into account in the classification of his or her position, without regard to whether the hazardous duty or physical hardship is grade controlling, unless payment of a differential has been approved under paragraph (b) of this section.

What does appendix A say?
It lists numerous situations where the Agency SHALL pay HD pay.
Section 5 pertains to our current situation.
(5) Virulent biologicals. Materials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection.

I feel this clearly the situation we are currently in and until we enter Phase 3 of the Presidents back to work guidelines, we should be getting HD pay.
This is something well above NATCA/FAA negotiations. This is what the Senate is dealing with now. The ‘Hero Fund’. Supposedly the Senate is all for it, but it is limited to 25,000 if you make less than 200K or 5,000 if you make more than 200K.
 
This is something well above NATCA/FAA negotiations. This is what the Senate is dealing with now. The ‘Hero Fund’. Supposedly the Senate is all for it, but it is limited to 25,000 if you make less than 200K or 5,000 if you make more than 200K.
I’d feel like a massive fraud if I got money from a “Hero Fund” the same as doctors and nurses on the front lines being exposed to the virus daily. Not saying I’d turn it down though...
 
By serious I mean addressed by NATCA that they are at least putting a formal inquiry into it.

This has been brought up a few times on my region's weekly telecon. The RVP has said "NATCA's lawyers are looking into it"—looking at the letter of the law, old cases for precedent, etc.

Like I've said before, it really doesn't feel like we're in the same category as healthcare workers, or grocery store stockers, or even UPS/FedEx/USPS drivers. They all interact with the public as an inherent part of their job. We sit in what is basically a white-collar office with the same small handful of coworkers (and maybe the ATM if they aren't teleworking).

Regarding 5 CFR 550, the context for the "virulent biologicals" is: "Exposure to Hazardous Agents, work with or in close proximity to". I would imagine that applying to a hospital lab technician maybe. I couldn't argue in good faith that it applies to someone whose coworker might be sick.
 
The Hero's fund is something completely different. We don't need congress to get HD pay, its in our contract. The contract states HD pay "SHALL" be paid if the above condition is met. We clearly meet the condition. Furthermore the FAA admits there is an inherit danger in coming to work. Several ESSENTIAL employees who have underlying conditions (asthma, diabetes, cardiac issues etc) have been and currently are on admin leave until this is over. Why? Because there is a danger that if they get sick with the virulent biologicals present they may not be able to recover. I do agree they should stay home. However if you allow one employee to stay home on admin (because of a health hanger) and force another to come to work, then that person should get a premium, HD pay.
 
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