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2016TentativeCBA

A publication of the National Air Traffic Controllers Association

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2016 CBA Tentati ve Agreement Page 78 of 217 ARTICLE 45 TEMPORARILY DISABLED EMPLOYEES/ASSIGNMENTS Section 1. At his/her request, an employee who is temporarily medically or physically unable to perform active air traffic control duties, sh all be assigned other facility duties, to the extent such duties are available. If duties in the employee's facility are not available, the Agency may offer assignment of work at other air traffic facilities within the commuting area for which he/she is ot herwise qualified based on needed work. Section 2. Such employees shall continue to be considered for promotional opportunities for which they are otherwise qualified. Section 3. Employees assigned duties under the provisions of this Article shall contin ue to be considered as bargaining unit employees and shall be entitled to all provisions of this Agreement and those provided by law and regulation. Section 4. At his/her request, an employee who is temporarily prohibited from performing control duties be cause of medications restricted by the Agency may be assigned other duties in accordance with Section 1 of this Article. Section 5. Medically restricted or incapacitated employees may be assigned part - time employment at their request, in accordance with t his Agreement, provided their medical condition does not inhibit their ability to perform available duties. Section 6. When work is not available under Section 1 or 4 of this Article, sick leave shall be taken. At the employee's option, other accrued leav e may be substituted for sick leave. An employee may request leave without pay, which shall not be denied solely on the basis of the employee having compensatory time, annual leave or credit hour balances. Section 7. Employees who are medically disqualifi ed to perform the full range of their duties for the positions they are certified on shall be eligible to perform the duties of delivering flight data strips. For facilities where the primary duties of flight data positions involve other duties (e.g.. stri p marking, routing changes, altitude changes, etc.) determinations as to eligibility to perform these additional duties will be made in accordance with FAA Order 7210.3 ARTICLE 46 REALIGNMENT OF WORK FORCE Section 1. The Agency shall notify the Union at the national level as soon as possible, but not less than twelve (12) months, in advance of a facility closure, or relocation and/or severance of existing facility functions and/or services or inter - facility realignment requiring the reassignment of employ ees. The notification period may be reduced by mutual agreement of the Parties at the national level. Section 2. In the event of a facility closure, or relocation and/or severance of existing facility functions and/or services, or inter - facility reorgani zation, the procedures outlined in Article 47 shall apply when a reduction - in - force is necessary. Section 3. The Agency shall notify the Union representative as soon as possible but not less than

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