A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/685218
2016 CBA Tentati ve Agreement Page 23 of 217 arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her. Section 13. Failure of the moving Party to proceed with a grievance within any of the time limits specified in this procedure shall render the grievance void or settled on the basis of the last decision given by the respondent, unless an extension of time limits has been agreed upon. Failure of the respondent to render a decision or conduct a meeting within any time limits specified in this procedure shall entitle the moving Party to progress the grievance to the next step without a decision. Any time limit s contained in this Article may be extended by mutual agreement of the Parties. A request for extension may be made orally, but approval must be in writing (including e - mail) and given within three (3) workdays after the request is made. Section 14. The P arties may, by mutual agreement, stipulate the facts and the issue(s) in a particular case directly to an arbitrator for decision without a formal hearing. Argument will be by written brief. Section 15. Questions as to whether or not a grievance is on a m atter subject to the grievance procedure in this Agreement or is subject to arbitration shall be submitted to the arbitrator for decision. Section 16. In the handling of grievances under this Article and where law and OPM regulations permit, the Union sha ll have access to such information as is relevant and necessary to the processing of the grievance. Section 17. The Parties retain their rights under Title 5 USC 7122 and 7123. Section 18. Unless otherwise agreed at the national level, non - expedited arbi tration decisions rendered at the regional level shall have precedential effect only within that region. Section 19. The Parties agree, as a general rule, issues pending the grievance process shall be handled by the Parties at the appropriate levels as de fined within this Agreement. ARTICLE 10 DISCIPLINARY/ADVERSE ACTIONS Section 1. This Article covers actions involving oral and written admonishments, written reprimands, suspensions, removals, reductions - in - grade or pay, or furloughs of thirty (30) days or less for reasons other than a lapse in Congressional appropriations. Involuntary reassignments will only be made to promote the efficiency of the service, and will not be made to discriminate or punish, or for any reason that would violate law, rule, re gulation, or this Agreement. This Article does not apply to the removal of probationers. Section 2. When the Agency decides that corrective action is necessary, consideration should be given to the application of measures which, while not disciplinary, w ill instruct the offending employee and/or remedy the problem. When it is determined that discipline is appropriate, informal disciplinary measures should be considered before taking a more severe action. However, it is not necessary to have taken an infor mal disciplinary measure before administering a formal measure. Section 3. Unless otherwise specified in this Agreement, disciplinary/adverse actions taken