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2016 CBA Tentati ve Agreement Page 173 of 217 d) Copies of any supporting documentation and any other relevant materials in support of the appeal; e) A description of how the pro blem identified should be corrected, including the remedy being sought. 2. The appeal must be filed via certified mail with the FAA ATO COO, with a copy to the NATCA Executive Vice President (EVP). THE APPEALS PROCESS: 1. Upon receipt of the appeal, the FAA A TO COO and the EVP will establish within fifteen (15) days a Complexity Appeal Review Committee (CARC), consisting of a NATCA representative and an Air Traffic Management Representative. 2. The CARC will: a) determine if the issue is appealable b) conduct approp riate fact - finding and analysis c) issue a written statement of findings within sixty (60) days of receipt of the appeal explaining its decision or the reasons why it failed to reach a decision. Decisions of the CARC must be reached mutually. They are bindi ng and final, and there is no further appeal. If the CARC fails to reach a mutual decision, the facility manager and/or facility representative may request to have its case heard by a Complexity Appeals Board (CAB). This request must be in writing to the F AA ATO COO and the EVP, and must be filed within thirty (30) days of the notification by the CARC that it cannot reach a mutual decision. 3. The CAB: a) Consists of an FAA representative, a NATCA representative and an arbitrator. The arbitrator may be mutuall y agreed to by the FAA representative and the NATCA representative, or may be selected from a panel submitted by the Federal Mediation and Conciliation Service. If the FMCS panel is used, the NATCA representative and the FAA representative will alternately strike names from the panel until only one remains. b) Has thirty (30) days from the receipt of the appeal to select the arbitrator. c) Will convene within ninety (90) days from the date of the appointment of the arbitrator at a hearing site mutually agreeabl e to both parties, and decision of the majority will be rendered within thirty (30) days of the conclusion of the hearing. IMPACT OF DECISIONS: If the appeal is sustained by either the CARC or the CAB, and the finding supports raising of the facility pay level, the decision will be implemented within two (2) pay periods of the finding.

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