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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 29 SRL-2 Use of Outside Counsel (3/90, 4/00, 9/02, 6,23) Grievance Handling and Processing. This process can and should be handled almost exclusively in the field by Facility Representatives, with advice and assistance available from the Regional Vice President. Should assistance not be available from the Regional Vice President, the party seeking assistance should contact the National Office's Labor Relations Department. It is imperative that Facility Representatives and members keep their Regional Vice Presidents aware of issues requiring assistance, and that the Regional Vice Presidents are contacted first before contacting the National Office, as much as practical. Use of Outside Counsel. The general rule is that outside counsel shall not be utilized except in extraordinary circumstances such as where the courts require "local" counsel or immediate injunctive relief is required. In those circumstances, the Facility/Regional Vice President shall request in advance the approval of the National Office's Legal Department and the President or Executive Vice President. The Representative should be prepared to justify the need for and benefit of utilizing of labor relations outside counsel. Where an attorney is available and upon such a request, the General Counsel shall contact the proposed attorney or other competent attorney versed in the appropriate field of law, check and verify their credentials, and negotiate the appropriate rate of charge or retainer fee. Thereafter, all legal bills from such outside counsel will be sent directly to the General Counsel's office for review before submission for payment. Outside counsel shall be answerable to the General Counsel, who shall monitor the expenditures and performance of outside counsel in handling NATCA's legal business. The General Counsel shall review all documents prepared in the course of pursuing NATCA's legal business and statements for services rendered, which must be submitted in detail by outside counsel before payment can be authorized. The General Counsel retains the right to dismiss outside counsel who may be deemed to be ineffective or wasteful of NATCA's resources or have a deleterious effect on the Union. Use of Outside Counsel for Arbitration. While it is anticipated that the majority of arbitration cases shall be handled by Regional Vice Presidents or the Director of Labor Relations, all arbitrations where legal counsel are involved on behalf of NATCA shall be undertaken by the General Counsel or Executive Counsel from NATCA's National Office. The reason for this is to ensure quality, conserve resources, and to process all arbitration cases on a consistent, uniform basis that ensures continuity on a nationwide level. Under no circumstances will the arbitration process be turned over to members or non-members with their own personal legal counsel, regardless of whether or not the grievant is willing to pay the fees for such counsel. To agree to such an arrangement would be tantamount to NATCA "sub-contracting" its exclusive bargaining agent (or representative) status and would create a serious risk of adverse national precedents. SRL-3 Arbitration Appeals (2/91, 4/00) In the event an arbitrator's decision is deemed by a Regional Vice President to be unfavorable/detrimental to the best interests of the organization, the following procedures shall be followed before proceeding to appeal. The National Executive Board member requesting review for appeal shall forward copies of the decision being questioned to the entire NEB. After ensuring that each NEB member has reviewed the material, the individual requesting appeal shall inform the National President who, in turn, shall schedule an emergency meeting of the NEB (via teleconference if necessary) at which time discussion may ensue and a vote will be taken to determine whether or not an appeal will be filed. This process will be completed in no more than ten days, to allow for the timely processing of any such appeal. The determination of the NEB shall be final and, in cases where appeal is denied, no further processing of the case under review shall be attempted. All costs associated with any such appeal shall be applied against the budget approved by the NEB for the Labor Relations Department. SRL-4 Grievance Tracking Program (GATS) (9/08, 9/10) The National Executive Board shall determine the Union's grievance tracking program. Use of this program is mandatory for NATCA Facility Representatives, NATCA Labor Relations staff, and advocates. SRL-5 Deleted (10/14) SRL-6 Allocation of Arbitration Expenses (12/90) Any and all expenses associated with all arbitrations, regardless of whether they are national, regional, or local matters, shall come out of the National Labor Relations budget.

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