A subsequent memorandum FAA's Office of Human Resource Management issued on April 14 clarified the agency's approach.
"FAA will not be able to take nondisciplinary removal actions for unacceptable performance," the memorandum read. "Instead, the current and successful long-standing practice of removing unsatisfactory [air traffic controllers] will continue to be taken for cause using negligent or careless performance or inattention to duty."
The memorandum warned that NATCA might object to removal proceedings on the grounds that the memorandum of understanding that set up the Air Traffic Safety Action Program created a nonpunitive environment.
"NATCA was put on notice that the FAA will continue to take removal actions for negligent/careless performance or inattention to duty," the HR memorandum continued.
NATCA President Pat Forrey said he objected to the suggestion that controllers were intentionally negligent.
"The FAA intentionally misled Congress when it said it would implement [a safety program] that protected controllers coming forward to report safety concerns," he said. "Controllers do not maliciously or intentionally make errors on the job. Quite the contrary; our daily efforts to keep the system as safe as it is despite unprecedented pressures ... show our dedication to safety."
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