FLEOA FAMS Membership Letter 6-30-15

June 30, 2015

Vice Admiral Peter Neffenger


Transportation Security Administration

 [Address will supply]

RE: Federal Air Marshals- Law Enforcement Availability Pay ( " LEAP")

Please be advised that I am the General Counsel of the Federal Law Enforcement Officers Association ( "FLEOA ") and in that capacity represent our members who are Federal Air Marshals ( "FAMs "). Current ly, TSA pays LEAP to its FAMs under independent pay setting authority of TSA pursuant to 49 USC Section 40122(g). See TSA MD 1100.55-8, p. 6 and 32 of 52. It has come to my attention that TSA management is contemplating terminating LEAP under TSA's "Core Compensation System (Non-TSES)" ("CCS"), and in lieu thereof, incorporating Administratively Uncontrollable Overtime ("AUO") (5 USC Section 5545(c)(2)), into its CCS. Such a profound change in TSA's unscheduled overtime pay system is not favorable to the quality of work life for FAMs.


It is the position of FLEOA that TSA does not have unchecked unilateral authority to alter compensation such as LEAP which is already incorporated into its CCS and which in turn is a component ofTSA ' s own personne l management system. Although 49 USC Section 40122(g)(1) authorizes TSA to "develop and implement" a personnel management system to "provide greater flexibility in the hiring, training, compensation, and location of personnel" [Emphasis added], it can do so only after "consultation with employees" of TSA. Section 40122(g)(1). See also Section 41022(a)(l), which requires such consultation prior to implementing "changes" in its personnel management system. These statutory sections appear to require consultation with both bargaining unit as well as non-bargaining unit employees, such as FAMs.


It is requested that, as mandated by statute, prior to modifying any compensation already implemented by TSA 's personnel management system, TSA consult with FLEOA about the propriety of such contemplated change. The statutory framework of 40122 suggests that if agreement is not reached after coconsultation, mediation and failing mediation, binding arbitration would be in order. See Section 40122 (a){l) and {2). FAMs are the type of non-bargaining unit "employees" who are to be consulted before TSA makes any "changes to the personnel management system." 40122{a)(1).


Thank you for your courtesy and cooperation.



Lawrence Berger, Esq.