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2016TentativeCBA

A publication of the National Air Traffic Controllers Association

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2016 CBA Tentati ve Agreement Page 16 of 217 other procedures available in law or reg ulation, but not both. Section 5. The Parties reserve their rights to all applicable statutory appeal procedures. Section 6. Employees are entitled to be assisted by the Union in the presentation of grievances. Any employee covered by this procedure may present grievances without the assistance of the exclusive representative, as long as the exclusive representative has been given the opportunity to be present during the grievance proceedings. No other individual(s) may serve as the employee's representat ive in the processing of a grievance under this procedure, unless designated by the Union. The right of individual presentation does not include the right of taking the matter to arbitration unless the Union agrees to do so. Section 7 . Grievance Procedure s: In the case of grievances concerning disciplinary/adverse actions, the Union may elect to utilize the procedures of Section 7 or Section 11. Grievances concerning disciplinary/adverse actions filed by the Union or the employee under Section 7 should be submitted beginning with Step 2, rather than Step 1 , no later than twenty (20) calendar days after the effective date of the disciplinary/adverse action. In the case of any grievance filed on behalf of the Union or on behalf of the employee(s) which the Union at the facility, AFSIAG/regional or national level may have against the Agency at the corresponding level, or which the Agency at the AFSIAG/regional or national level may have against the Union at the corresponding level, the moving Party shall, at that level, initiate the grievance beginning with Step 2 as appropriate, to the respondent in writing, within twenty (20) calendar days of the event giving rise to the grievance or within twenty (20) calendar days of the time the moving Party may have been reasonably expected to have learned of the event. When an alleged violation involves more than one employee, the Union is encouraged to file one grievance on behalf of all affected employees. Grievance(s) shall include: a. Date of alleged violation and dat e submitted; b. Name of the grievant; c. The name of his/her Union representative; d. Issue(s)/subject; e. Statement of facts and description of dispute; f. Alleged contractual provision(s) violated. This is not meant to be all inclusive; g. Remedy sought; h. Whether or not a meeting is requested. Step 1. An aggrieved employee's grievance shall be submitted, in writing, to his/her immediate supervisor (who may be the Air Traffic Manager) within twenty (20) calendar days of the event

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