Thomas F. Sweeney v. Merit Systems Protection Board

The FAA is generally exempted from the Title 5 Personnel Management System, yet FAA employees MSPB Appeal rights are retained. FAA’s employment policy of an Air Traffic Control Specialist - In Training (ATCSTT) whose training was terminated by their Air Traffic Manager (ATM) due to unacceptable performance requires the employee be immediately placed on administrative duties. Through a subsequent process— a national group of FAA officials decide if the employee will be retained as an ATCSTT at a different FAA facility with a lower grade and pay, or initiate separation from Federal Service. If the national group of FAA officials decide to retain the ATCSTT at a lower grade/pay position, the ATCSTT is given a list of 5 or less different facilities to choose from. If the ATCSTT does not choose a facility in the list given to the ATCSTT— per FAA employment policies FAA HRPM 1.14a— the FAA will initiate separation from Federal Service. The questions present are: 1. Is a final decision to terminate the training of a FAA Air Traffic Control Specialist — In Training employee by FAA management— a reduction in grade or removal action based on unacceptable performance, or a major adverse personnel action that is appealable to the Merit Systems Protection Board. If no: in the case the ATCSTT is not retained by the FAA’s national group of officials or fails to select a