(1) Question: Who is eligible to participate in Flight Deck Training during this notice period?

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1 MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION AND THE FEDERAL AVIATION ADMINISTRATION REGARDING FLIGHT DECK TRAINING (FDT) This Memorandum of Understanding (MOU) is entered into by and between the National Air Traffic Controllers Association, hereinafter referred to as the "Union", and the Federal Aviation Administration, hereinafter referred to as the "Agency", and collectively referred to as the "Parties". It represents the Parties' agreement regarding the procedures for bargaining unit employees to participate in the voluntary Flight Deck Training (FDT) program under the Order dated May 1, This MOU has an attachment in a question and answer format in an attempt to ensure managers and bargaining unit employees are completely aware of the Parties understanding of the items contained within the FDT Order. Section 1. If a participant is denied access to the flight deck on both preferred and alternate flights on an interim outbound or any return leg of flight deck training, the participant shall notify the Approving Authority, review alternatives, and receive instructions on what alternative flight is authorized. Participating employees shall be in a duty status on scheduled shifts(s) when flight deck opportunities were denied for the entire day. They shall also be on duty status during the ultimate return flight. Section 2. When the facility is using a CIC to provide watch coverage, participants on authorized Flight Deck Training shall be provided with the contact information of their Approving Authority. Section 3. The Parties at the local level will negotiate the procedure for notification and distribution of military FDT opportunities to eligible individuals in accordance with the FDTOrderJO B.

2 (1) Question: Who is eligible to participate in Flight Deck Training during this notice period? Answer: Under this Order, any 2152 series Air Traffic Specialists, Traffic Management Coordinators, and Staff Specialists who are operationally current and medically qualified. You must also meet the following conditions: a. For En Route or TRACON, you must be certified on a minimum of two (2) operational positions excluding Flight Data/ A-Side positions. b. For Towers, you must be certified on a minimum of Flight Data/Clearance Delivery Positions and one ground Control Position. c. For Flight Service Specialists, you must be certified on a minimum of two (2) operational positions including the pre-flight position. (2) Question: What is required and what do I have to do in order to participate? Answer: All eligible specialists must complete training on the Flight Deck Training Order, and review this MOU prior to participation. Required training includes a verbal briefing on the Order, the MOU, and watching a training video. Agency approval is required for all Flight Deck Training. (3) Question: Why do I have to be in a duty status to participate? Answer: This program is training designed to enhance your understanding of the air traffic system and specifically how air traffic specialists interact with flight deck crew. All official training must be accomplished while in a duty status. (4) Question: Can I take Flight Deck Training in conjunction with leave? Answer: No. Flight Deck Training is official training designed to enhance the Agency's ability to perform its mission. It is not meant for free travel, nor is it designed to enable an employee to augment his/her vacation. No annual leave will be approved in conjunction with this program except for instances where an individual's training request is insufficient to fulfill the employee's scheduled shift on the day that flight deck training is conducted. For example, an employee requests to take a two (2) hour Flight Deck Training Flight. When you include the 90-minute pre-flight duty time and the 1 -hour post flight duty time a manager can approve the employee to take the remaining hours of their shift as approved annual leave.

3 (5) Question: What if my total flight time is more than my scheduled duty shift? Answer: Managers should ensure that all training can be conducted within an employees scheduled duty shift. Flights that are in excess of the scheduled duty shift, including the pre-flight and post flight time should not be approved. In the event of unanticipated delays or participation originating in Guam, and the flight deck training exceeds the participant's duty hours, overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA). (6) Question: An employee lives in New York and wants to take a Flight Deck Training flight to Seattle. Their requested flights include a 2-1 /2 hour flight to Chicago, a three (3) hour layover and then a three (3) hour flight to Seattle. Since their actual flying time fits into their eight (8) hour scheduled duty shift, can they be authorized to take these flights? Answer: Yes and No. If the request comes to the Approving Authority indicating total time of 8 V2 hours the official should disapprove it. While the flight time is only 5 Vi hours the employee must also factor in a period of up to 90 minutes pre-flight time and up to one (1) hour post flight duty period. Including the layover, the employee will exceed an eight (8) hour duty day and therefore the request should not be approved. However, an employee may request a basic work day consisting of non-consecutive hours. In this instance, the employee must make an advance request for non-consecutive hours along with the training request so that the hours on their layover are in a non-duty status. If the request for non-consecutive hours allows for the training to be accomplished within eight hours, the training request may be approved. Layover time may be in a duty status so long as the total travel time is under 8 hours. NOTE-varying scheduled duty shifts such as 7, 9, and 10-hour shifts will allow for differing flight deck training calculations. (7) Question: Will an employee get overtime if their scheduled duty shift is exceeded? Answer: Yes. If they are on an 8-hour duty day schedule, and their flight deck training time exceeds eight hours, they are entitled to overtime pay for all time in excess of eight hours. Approving Authorities must be aware of this when approving Flight Deck Training requests. Approving Authorities should make every reasonable effort to ensure that training requests can be completed within an employee's regularly assigned duty day. (8) Question: A higher priority jump-seat occupant has bumped an employee on their preferred and secondary outgoing flight, what should they do? Answer: The employee should immediately call their facility. An Approving Authority will give the employee instruction on what to do with the remaining portion of their shift. The FDT will be cancelled and it will not count against the employee's total number of permitted flights.

4 (9) Question: An Employee is bumped on both their preferred and alternate return flights or an interim outbound leg. What should they do? Answer: They should first check with the carrier that they were authorized to train on to see if the carrier has an alternative flight for their return. If the carrier does not, then check other airline schedules and see if they have any return flights. Employees must not solicit for a flight. Once an employee has researched alternative flights, they are required to call their facility/duty station and ask for guidance. When the Approving Authority gives authorization, the employee may then make pen and ink changes to their FAA Form as well as Form and request access to the flight deck from the carrier. (10) Question: Can an employee take a FDT on a Holiday or day in lieu of a holiday? Answer: No (12) Question: What specific issues disqualify an eligible employee from participating in FDT under this notice? Answer: a. When temporarily medically incapacitated. b. When in any category leave status, paid or non-paid, or when receiving continuation of pay benefits under the Federal Employees' Compensation Act. c. When a participant is unable to meet the criteria of FAA Order , Par 3-42B, Admission to Flight Deck-Physical, Cognitive, Language Capabilities. d. When their security clearance is suspended or revoked. e. When identified with, or in treatment for substance abuse problem. f. When suspended from the program. (13) Question: How should an employee be groomed and attired when taking Flight Deck Training? Answer: The Agency expects employees to be neatly groomed and dressed in business attire; however, each provider may have specific requirements, which are out of the Agency's control. Employees can expect each airline to require them to be dressed in professional business attire. Some providers will also dictate grooming such as no beards. Employees will receive each provider's expectations prior to their training and are expected to comply with the provider's requirements in this regard.

5 (14) Question: An employee is on their return flight and is bumped off their preferred and alternate flights. The next available flight is not until the following morning. Will the Agency reimburse the employee for any expenses? Answer: No. Flight Deck Training is voluntary. The Agency does not require anyone to participate. Any expenses incurred as a result are borne by the participant. (15) Question: What is the priority level of all types of leave versus FDT participation? Answer: Competing requests for annual leave shall take priority over flight deck training requests. Already approved flight deck training will not be cancelled due to subsequent annual leave requests. (16) Question: Can a CIC approve Flight Deck Training? Answer: No. Flight Deck Training can only be approved by an Approving Authority. A CIC is not designated as an approving official. (17) Question: How many training trips may an employee take under this notice? Answer: An employee may be authorized to take up to two trips per calendar year on air carrier/air cargo providers and General Aviation (GA) aircraft. Where available, participants may take one (1) FDT flight per calendar year on military aircraft. One (1) additional air carrier/air cargo flight per calendar year may be authorized by the FDT PMO when, in conjunction with an ATSAP Event Review Committee (ERC) or other authorized ATSAP follow up review process, an employee accepts a recommendation to participate in FDT. (18) Question: After boarding the aircraft, the pilot-in-command instructs an employee to take a seat in the back of the aircraft. What should the employee do? Answer: The employee should inform the pilot that they are required to sit in the flight deck. If the pilot-in-command insists and the aircraft door is still open, the employee should get off the plane and call the Approving Authority for direction. If the employee cannot exit the aircraft, they should follow the pilot's instruction. The employee shall also note on their training form that the pilot directed them to exit the cockpit. (19) Question: What is the "CASS?" Answer: Cockpit Access Security System is a system that enables gate agents to query records of airline/faa employees authorized to access the flight deck. All FDT participants will be entered into the system. The FDT Program Management Office will coordinate with FAA Security (AJR-2) and enter participants' information into CASS. The CASS shall contain first name, last name, a portrait photo, participant's ID number (located on the back of the PIV card in the bottom left hand corner), badge expiration date, and FDT confirmation number.

6 (20) Question: Who pays for postage if the forms are submitted via mail in lieu of or fax and who is responsible for providing the photo? Answer: At facilities with the capability to provide photographs and postage, these responsibilities and costs associated with such will be bome by the Agency. At facilities without the capabilities for such, the costs associated will be borne by the participant. (21) Question: What is expected of employees while on the flight deck? Answer: Employees are expected to act in a professional manner and follow flight crew instnrctions. They are required to safeguard information such as Federal Air Marshals or Federal Flight Deck Officers who are present. They may also be required to observe cockpit security rules and any other provider requirement such as sterile cockpit rules below 10,000 feet. (22) Question: An employee routinely provides services to intemational flights. Can the employee take a training flight to an international destination? Answer: No. All training must be domestic or ove$eas domestic (such as San Juan, Hawaii, Guam or St. Thomas). This MOU shall remain in effect for the duration of the 2009 Collective Bargaining Agreement between NATCA and the FAA (for the ATC, NOTAM, and TMU bargaining units). For the Union: For the Agency: Hamid Ghaffari