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2023 NATCA Constitution

A publication of the National Air Traffic Controllers Association

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S T A N D I N G R U L E S 28 SECTION K: CONTRACTING OUT SRK-1 Recognition of NATCA Locals from Facilities Transferred to the Federal Contract Tower Program (9/96, 4/18) The NATCA Locals from air traffic control facilities that were transferred from FAA operation to the Federal Contract Tower Program shall be memorialized on a plaque that shall be displayed at the NATCA National Office. The plaque shall include the three-letter identifier of each NATCA local at the time of the facility's transfer to the Federal Contract Tower Program. SECTION L: LABOR RELATIONS SRL-1 Arbitration Policy (12/89, 4/00, 10/14, 9/16, 6/23) When a Regional Vice President or their designee decides to pursue arbitration of a grievance, they will ensure the completed grievance file has been properly uploaded into the NATCA Grievance Tracking System (GATS) and elevated to the arbitration level no later than fourteen (14) days after the receipt of management's step 2 response, or as appropriate. The grievance file should include, at a minimum, a copy of the grievance, management responses (if any), copy of any local MOU(s) relied upon, copies of any laws, Agency Orders, rules, or regulations violated, SF-50s, pay records, witness statements and all other evidence. In addition, accompanying the grievance file, the Regional Vice President or their designee will upload a grievance evaluation, which will include the facts of the case, a summary of the evidence, strengths and weaknesses of the grievance, and a recommendation for moving forward. Upon receipt of the arbitration request and case file, the Director of Labor Relations may conduct a follow-up with the Regional Vice President or their designee to discuss the strengths and weaknesses of the case. The Director of Labor Relations may then direct an analysis of the case by the National Office Labor Relations Staff. Grievances requested for arbitration will be reviewed by the NATCA Grievance Review Team. The Grievance Review Team's review of grievances will include all documentation received through the respective region, as well as the analysis prepared by the National Labor Relations Staff. The Grievance Review Team will make recommendations for or against arbitration and may also recommend other strategies for resolving the grievance. The Grievance Review Team will recommend arbitration advocate(s) to present the grievance in arbitration hearing. NATCA's Director of Labor Relations will present the Grievance Review Team's grievance recommendations to the NATCA President for final determination. The final determination will take into consideration factors such as the chances for success based on the merits of the case and the risk or desirability of a precedent-setting decision having an effect on NATCA membership nationwide. If it is determined that a grievance will not proceed to arbitration, the Director of Labor Relations will communicate this decision to the Regional Vice President and the Grievance Review Team. If the request for arbitration is denied, the Regional Vice President may appeal such decision to the National Executive Board. The decision may be overturned by a three-quarters (3/4) vote of the National Executive Board. If the Regional Vice President decides to invoke an appeal to the National Executive Board, arbitration will be requested to protect timelines and the vote taken at the earliest possible time. The Regional Vice President is responsible for communicating the final decision to the grievant and to the Facility Representative where the initial grievance arose. Once the final determination is made to pursue arbitration, arbitration advocate(s) will be assigned to present the grievance in arbitration hearing. The assigned advocate and second seat, if assigned, will work as a team on all aspects of case preparation, including strategy, witness preparation, case presentation, development of an opening statement, and post hearing briefs. The selection of an arbitrator will be conducted by the assigned arbitration advocates from the Regional or National panels, as appropriate. Selection of Arbitrators. The Grievance Review Team will recommend arbitrators for Regional and National panels. The National Office shall retain the right and responsibility to select and remove arbitrators pursuant to the Collective Bargaining Agreements. Settlements. The decision to accept a settlement rests with the arbitration advocate(s) in consultation with the Director of Labor Relations. Final Determination. When a case is settled or an arbitration decision issued, the arbitration advocates(s) will immediately notify the Director of Labor Relations and the Regional Vice President. The Regional Vice President should then notify the grievant of the resolution as soon as possible. Every effort should be made to ensure that the grievant learns of the result from NATCA and not management officials.

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