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2023 NATCA Constitution

A publication of the National Air Traffic Controllers Association

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N A T I O N A L C O N S T I T U T I O N 13 c. Policy and Position Statements, d. Other duly propagated Association policies or direction, e. Statutes or the collective bargaining agreement, if the accused is an appointed or elected bargaining unit representative or Constitutional Officer and this person refuses to assure performance of collective bargaining agreements or to comply with the other duties of a Constitutional Officer or bargaining unit representative, as appropriate. The President shall ensure a grievance form that complies with all requirements herein is made available for use, but use of such a form is voluntary. Section 3. The General Counsel shall serve a copy of the grievance on the accused member or officer. Within thirty (30) days of receipt of the grievance, the accused may file with the National Executive Board through the General Counsel a written reply to the charges. Section 4. The National Executive Board shall consider the grievance and any reply as soon as possible, but no later than fourteen (14) days after: receipt of the accused member's reply or the expiration of the thirty (30) day response period, whichever occurs first. The National Executive Board may dismiss the grievance or may refer it for hearing before a Trial Committee consisting of 3 active members in good standing appointed by the President. If, in submitting a reply, the accused admits to the charge, and, the accused waives their right to a hearing, the National Executive Board shall have the ability to sustain the grievance. Section 5. The Trial Committee shall, after reasonable notice to the grievant and the accused, conduct a hearing on the grievance. After such hearing the Trial Committee shall render a written decision dismissing the grievance or sustaining the grievance and recommending such remedy as it may deem proper. Should the Trial Committee sustain the grievance, its report shall be submitted at the next meeting of the National Executive Board, and the National Executive Board shall determine the remedy of the grievance. Should the Trial Committee dismiss the grievance, that decision will not be further considered by the National Executive Board. Due to the sensitive nature of grievances, the minutes of the National Executive Board shall only state the names of the grievant(s), charged party or parties, and whether the grievance was dismissed or forwarded to the Trial Committee. The General Counsel shall transmit the decision of the National Executive Board and the reasons thereof as soon as practical to the grievant(s) and charged party or parties. The text of this decision shall only be published or disseminated by the NATCA National Office or National Executive Board upon individual request of a member, except the decision will automatically be provided to the named parties. Section 6. Any party aggrieved by a decision of the National Executive Board or the Trial Committee may petition the next National Convention for relief, but the filing of such petition shall not stay the effectiveness of the decision of the National Executive Board or the Trial Committee. The decision of the delegates, by majority vote, shall be final. Article XIV: Interpretation and Amendments to the Constitution Section 1. All proposed amendments to the National Constitution shall be submitted to the National Constitution Committee through the Executive Vice President one hundred twenty (120) days prior to the Convention. All proposed amendments shall be reported out of committee, shall be submitted to the membership at least sixty (60) days prior to the Convention, and shall be considered at the National Convention. Section 2. An untimely constitutional amendment may only be introduced at the National Convention by a three-fourths (3/4) vote of the delegates actually voting. Section 3. Adoption of proposed amendments to the Constitution shall require at least two-thirds (2/3) of the votes cast by the voting delegates in attendance at the Convention. Section 4. Interpretations of this Constitution, Standing Rules, and/or Policy & Position Statements shall be made by submitting the question to the Executive Vice President, who shall forward the request to the Constitution Committee for interpretation. Any challenge to the Committee's interpretation of this Constitution shall be submitted to the National President who shall decide the question. Any party aggrieved by a decision of the President may petition the next National Convention for relief, but the filing of such petition shall not stay the effectiveness of the decision of the President. The decision of the delegates, by majority vote, shall be final. Any interpretations under this section shall be included in the next published National Executive Board minutes. Section 5. A compilation of all standing rules/policy and position statements still in effect will be made. This compilation will be distributed to all NATCA locals within one hundred twenty (120) days of the close of each convention. At any future official meeting of the National Convention/Executive Board where resolutions are passed, these standing rules/policy and position statements will be published and disseminated within 120 days as a change to the foregoing. The Constitution Committee, at least once every two years, will review said compilation and recommend for deletion all

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