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A federal judge has ruled that the Federal Aviation Administration's personnel authorities do not allow the agency to compensate air traffic controllers who work overtime in credit hours and compensation time instead of paying them standard time-and-a-half rates, as required under the federal 1938 Fair Labor Standards Act.

"In truth, in granting the FAA the flexibility to design a personnel management system untethered to the pay and benefits requirements of Title 5, Congress intended to permit the FAA the freedoms of a private sector employer -- but with those freedoms come the obligation to follow the FLSA's basic overtime pay requirements, just as private sector employers must do," U.S. Court of Federal Claims Judge Emily Hewitt wrote in her July 31 decision.

A group of 7,438 members of the National Air Traffic Controllers Association joined the lawsuit filed last year. The plaintiffs claimed FAA wasn't calculating overtime pay rates correctly, provided air traffic controllers with one credit hour per overtime hour worked rather than paying them time-and-a-half rates, allowed shifts to start early and end late without paying controllers for that extra time, and scheduled bidding on vacation and schedule times for shifts when controllers weren't scheduled to work, forcing them to rely on proxies.

The majority of Hewitt's decision focused on her summary judgment on the substitution of credit hours and compensation time in place of overtime pay. She determined that questions remained about duties performed at the beginning and end of shifts, and about bidding on vacation and schedule time which could not be resolved without a trial. But she was unequivocal in her rejection of FAA's argument that 1996 personnel reforms gave the agency the authority to do away with overtime pay.

"The court notes that overtime is standard in the private sector under the [Fair Labor Standards Act]," Hewitt wrote. "If, as it appears, Congress sought to enable the FAA to operate in a more businesslike manner analogous to the private sector, abrogating the overtime provisions of the FLSA does not appear consistent with that goal.... There is an absence in either the text of the legislation or in the legislative history...of a clearly discernable indication of congressional intent to abrogate the protections of the FLSA."

FAA argued that the credit hours it issues are part of a flexible work program included in its 2003 collective bargaining unit with NATCA rather than a compensation mechanism. But Hewitt agreed with the plaintiffs that in cases where collective bargaining agreement provisions conflict with the Fair Labor Standards Act, federal law prevails.

It's not clear yet how damages will be calculated in the case. Hewitt's ruling did not set a time period for when the damages occurred. It also remains to be seen if controllers will receive compensation for pre- and post-shift work. FAA also has the option to appeal the case to the U. S. Court of Appeals for the Federal Circuit.

"We're reviewing the decision and discussing our options with the Department of Justice," said Laura Brown, a spokeswoman for FAA.

But NATCA hailed the decision as a victory in the union's ongoing dispute with the agency over pay and work rules.

"The court's decision that our members are due financial compensation is an affirmation that the FAA cannot railroad everything past NATCA without any oversight or accountability of federal laws, rules and regulations," said NATCA President Pat Forrey. "This is a very important step in making our members whole again."

COMMENTS

• Congratulations! NATCA members can now be treated exactly like Walmart employees! Same education. Same experience. Same pay. Can you spell automation! NATCA is THE PROBLEM. Observer Posted August 14, 2008 5:01 PM
• “You don't get 1 1/2 times of credit hours or comp time, (in other words, you don't get 12 hours of credit hours for 8 hours of OT) and so you are getting cheated out of that money. The FAA took it upon themselves to convert those hours which is against the law.” “READY2RETIRE”, while I agree with your sentiments and commiserate with your reaction to the agreement FAA imposed on you and your brethren, I must say the FAA is not alone in pushing comp time over overtime pay. This is government-wide; exceptions being made for a few relatively well-off organizations. Most all of us (besides new personnel with minimal leave) prefer the money to the time, PARTICULARLY because of the value difference. But, to be honest, due to budgetary constraints and the lack of extensive abuse in my area, I don’t have THAT much trouble with the policy. What I DO have a problem with is the schedules I’ve “heard” here in these responses that ATC personnel must labor under. My green-suit experience has shown me the vital necessity of “down time”. While I am loathed to compare combat time to ATC; both experience extensive stress. This has been documented time and again, as has the need for regular time off (down time). Regular schedules of 10-hour days, six-day shifts, regular overtime, limited vacation time, all in a high stress occupation, is a recipe for disaster! I can see that for a limited basis in a time (and place) of conflict; but as regular working conditions, this is merely an accident waiting to happen. As for your degree requirements, I admit I don’t know them. I figure there are varying levels dependent the particular job and level of organization much like the rest of us. Personally, despite my acquisition of them for promotion purposes, I don’t care much about initial degree requirements as I’ve seen some REAL educated idiots out there. But I am GREATLY concerned about accelerated certification requirements! Cutting corners on training, apprenticeship, and journeyman requirements is, once more, just looking for trouble. Regardless, I figure if duty calls I will entrust my safety to you and your brethren in the best hopes that all ATC personnel have at least the same desire for success as you. Good luck in your next journey. Tip off Posted August 14, 2008 9:42 AM
• To FAAGuy, McNally did sign an agreement stating credit hours would never have any monetary value. This is not about credit hours. This is about when you work overtime and the FAA either lets you or forces you to convert those hours to credit hours or comp time. You don't get 1 1/2 times of credit hours or comp time, (in other words, you don't get 12 hours of credit hours for 8 hours of OT) and so you are getting cheated out of that money. The FAA took it upon themselves to convert those hours which is against the law. READY2RETIRE Posted August 13, 2008 11:37 AM