MAY 22, 2014

As announced on the PASS telecon a few weeks ago, there has been major progress in finalizing the Article 41 claims and moving to a payout date.

First, the FAA agreed to pay all claims that were in dispute because the employee had taken leave in conjunction with the in-lieu-of day on which he/she had been forced off. This resolved over 800 days that had been in dispute.

Second, the FAA agreed that the rate of pay to be used to pay approval claims will be based on each claimant’s 2011 hourly rate. This will save significant time in processing the claims as the agency will not have to look up the 2007, 2008, 2009 or 2010 hourly rates. PASS successfully argued that the agency should do this not only as a time-saving measure, but also in order to mitigate for the interest that is not being paid on the back pay.

PASS is expeditiously updating the disputed claims that have now been resolved and working on the attachments to the claim summaries that will be sent to each employee detailing which days will be paid and which days will not be paid. When a claim is denied, the reason for the denial will be provided.

Once the agency provides PASS with the 2011 hourly rate for each employee, PASS will finalize the attachments. PASS is also waiting for the agency to finalize the claim summary letter that will be sent to each employee. PASS hopes to start sending out letters by July 1, 2014; however, that depends on how quickly the agency provides PASS with the hourly rates and the final approval of the summary letter.

Payouts will not occur until after the letters have been sent out to the claimants. PASS will announce when the letters start going out and the estimated payout date sometime in the near future.