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2016TentativeCBA

A publication of the National Air Traffic Controllers Association

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2016 CBA Tentati ve Agreement Page 10 of 217 electronic devices will be permitted in designated non - work areas at all facilities for use at non - work times. Between the hours of 10:00 PM and 6:00 AM radios and appropriate printed reading material will be permitted in operational areas, as traffic permits. The operation of weather radios shall be permitted in operational areas. Section 10. Pagers/cell phones/cell phone watches/fitness trackers will be permitted in operation al areas but shall be set in the "off" (powered down) position. If the device cannot be powered down (turned off), it shall not be permitted in operational areas. Issues arising from non - compliance with this Section will be addressed using Article 8 and/or Article 52 of this Agreement prior to formal measures being initiated. Section 11. In the performance of his/her official duties, or when acting within the scope of his/her employment, the employee is entitled to all protections of the Federal Employees Liability Reform and Tort Compensation Act of 1988 (P.L. 100 - 694) regarding personal liability for damages, loss of property, personal injury, or death arising or resulting from the negligent or wrongful act or omission of the employee. Section 12. Any ba rgaining unit employee authorized by the Agency to attend any meetings scheduled by the Agency away from the facility shall be entitled to duty time, travel and per diem allowances, if applicable. Section 13. There shall be no prohibition on the approval of an employee's LWOP request based solely on the employee having other types of leave accrued. Section 14. Employees covered by this Agreement shall not have their reassignment unreasonably denied or delayed pending employee records/files (medical, secur ity, OPF/EPF, or other DOT/FAA files) review and/or transfer or for inter - service area budgetary constraints. ARTICLE 5 MANAGEMENT RIGHTS Section 1. In accordance with the provisions contained in 5 USC 7106, Management rights: (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any Agency - (1) to determine the mission, budget, organization, number of employees, and internal security practices of the Agency; and (2) in accordance with appli cable laws - (A) to hire, assign, direct, layoff, and retain employees in the Agency, or to suspend, remove, reduce in grade or pay, or to take other disciplinary action against such employees; (B) to assign work, to make determinations with respect to contractin g out, and to determine the personnel by which the Agency's operations shall be conducted; (C) with respect to filling positions, to make selections for

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