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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 30 SRL-7 Unfair Labor Practice Charges (9/16, 6/23) When a Facility Representative seeks to file a ULP with the FLRA or NLRB, the Facility Representative should consult with the Regional Vice President before filing. The consultation with the Regional Vice President will address: the appropriate charging party, the issues raised by the charge, the appropriate FLRA/NLRB region for filing, potential supporting evidence for a charge, the relief sought, whether a grievance or a complaint in another forum rather than a ULP is appropriate, whether a charge is impacted by a previously filed grievance, and any other relevant issues. If upon consultation, the Regional Vice President and Facility Representative determine that the Union is the appropriate charging party, the following process must be utilized. When a Regional Vice President or their designee decides to pursue a ULP, they should forward the complete case file to their Labor Relations Strategy Group designee who will share the file with the Labor Relations Strategy Group. The complete case file will include supporting evidence and documents for the ULP, including a witness list, witness statements, and a draft charge utilizing FLRA Form 22, available at http://www.flra.gov/webfm_send/3, or NLRB Form 501, available at http://www.nlrb.gov/sites/default/files/attachments/basic page/node-3040/nlrbform501.pdf. The Director of Labor Relations may then direct an analysis of the case by the National Office Labor Relations Staff. ULPs submitted through this process will be reviewed by the NATCA Labor Relations Strategy Group. Unless the Labor Relations Strategy Group expresses a concern with the validity of the charge, the ULP will proceed. Settlements. The decision to accept a settlement of a ULP rests with the advocate(s) assigned to the ULP case in consultation with the Director of Labor Relations. SRL-8 Negotiability Appeals (12/21) When a Facility Representative or his/her designee intends to request a formal declaration of non-negotiability from the agency or file a negotiability appeal with the Federal Labor Relations Authority (FLRA), he or she must first consult with their Regional Vice President (RVP). When an RVP or his/her designee determines, or after consultation with a Facility Representative makes a determination, that a request for a formal declaration of non-negotiability from the agency or filing a negotiability appeal with the FLRA is warranted, the RVP shall gather the relevant facts and refer the matter to the NATCA Director of Labor Relations for further review and consideration. Relevant facts shall include: the NATCA proposal; an explanation of the proposal; any written or unwritten unsolicited declarations of non-negotiability and/or decisions at Agency Head Review; and any other relevant information. The Director of Labor Relations shall work with NATCA staff and representatives to attempt to resolve the issue in question and may request an analysis of the case by the National Office Labor Relations Staff. If an analysis is requested, it shall, at a minimum, consider whether the proposal meets the FLRA standards for negotiability, whether the proposal can be cured to meet the FLRA standards while achieving the same or similar goals, and whether a request for a formal declaration of non-negotiability from the agency or a negotiability appeal with the FLRA could lead to unintended consequences. If the issue cannot be resolved, the Labor Relations Director shall present his/her recommendation to the President about whether to request a formal declaration of non-negotiability from the agency or file a negotiability appeal with the FLRA. SECTION M: MEMBERSHIP & ORGANIZING SRM-1 Membership Recruiting Incentive Programs (2/98) All future national membership recruiting incentive programs must be approved by the National Executive Board. SRM-2 Charter Membership (1/88) Charter membership is extended to the anniversary date of NATCA, June 19, 1988. SRM-3 Corporate Membership (3/90) All corporate membership applications must be received by the National Office Membership Department for initial handling. Any applications for corporate membership received elsewhere should be forwarded to the National Office for processing. Upon receipt by the Membership Department, a letter to the corporation desiring membership will be sent acknowledging the application and stating that the application is being scheduled for review by the National Executive Board (NEB). No further action should be taken until the meeting and decision of the NEB. Applications for corporate membership shall be submitted to the NEB for review at the next regularly scheduled meeting for disposition. The NEB will determine if any conflict of interest and/or detrimental effect could result from acceptance of such application.

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