A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/685218
2016 CBA Tentati ve Agreement Page 24 of 217 against an employee, whether conduct or performance based, will be in accordance with FAA Personnel Management System, Chapter III, Paragraph 3, dated March 28, 1996. All actions under this Article will be taken only for such cause as will promote the efficiency of the service regardless of whether they are based on conduct or performance. Any action taken by the Agency shall be supported by a preponderance of the evidence. Section 4. An employee's off - duty misconduct shall not result in disciplinary action, unless a nexus can be shown between the employee's off - duty misconduct and the efficiency of t he service. Any proposed action for off - duty misconduct will contain a statement of the nexus between the off - duty misconduct and the efficiency of the service. Section 5. All facts pertaining to a disciplinary/adverse action shall be developed as promptl y as possible. Actions under this Article shall be promptly initiated after all the facts have been made known to the Agency. Section 6. Except for oral and written admonishments and written reprimands, the following procedures will be used to take discip linary/adverse actions: a. The Agency shall give the employee written notice proposing the action. The notice period shall be at least fifteen (15) days for disciplinary actions and at least thirty (30) days for adverse actions unless there is reasonable cau se to believe the employee has committed a crime for which a sentence of imprisonment may be imposed. The notice must state the specific reasons for the action. b. The employee has the opportunity to reply to the notice orally and in writing within fifteen ( 15) days from the date the employee receives notice proposing the action. However, if the action is taken under the "crime provision" the employee is entitled to a reasonable amount of time but not less than seven (7) days to reply. c. The employee's represe ntative may participate in the employee's oral reply. d. The Agency shall consider the employee's reply, and then give the employee a written decision concerning the proposed action. Section 7. In addition to the provisions of Section 6, the following provi sions are applicable to cases of reductions – in - grade or pay, or removal for unacceptable performance: a. If the final decision is to sustain the proposed removal or downgrade, the decision letter must specify the instances of unacceptable performance on whic h it is based and the decision must be concurred with by a management representative who is in a higher position than the management representative who proposed the action. The decision may only be based on those instances of unacceptable performance which occurred within one (1) year prior to the date of the written notice described in Section 6a. b. If, because of performance improvements by the employee during the notice period the employee is not reduced in grade or removed, and the employee's performance continues to be acceptable for one (1) year from the date of the written notice described in Section 6a, any entry or other notation of the unacceptable performance for which the action was proposed shall be removed from the employee's Official Personnel File (OPF) and Employee Performance File (EPF).