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2016TentativeCBA

A publication of the National Air Traffic Controllers Association

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2016 CBA Tentati ve Agreement Page 79 of 217 six (6) months prior to intra - facility reorganizations (e.g . areas of specialization are realigned and/or established) involving bargaining unit employees. The Agency shall notify the Union representative as soon as possible but not less than three (3) months in advance when a staffing imbalance exists within a f acility that requires retraining of individuals to solve the imbalance. These notification periods may be reduced by mutual agreement of the Parties at the local level. Section 4. In exercising the provisions of Section 3, the Agency shall determine the number of employees to be selected. Solicitations for volunteers shall be facility - wide, unless otherwise mutually agreed to by the Parties at the local level. If after this initial change has been completed, another imbalance was created that requires fu rther action the Agency shall designate the area from which volunteers will be sought and the number of employees to be selected from each area. Section 5. In facilities where staffing imbalances exist, volunteers shall be solicited from all qualified emp loyees where no individual retraining is necessary to complete the change. If after this initial change has been completed, another imbalance was created that requires further action the Agency shall designate the teams from which volunteers will be sought and the number of employees to be selected from each team. Section 6. In exercising and complying with Sections 4 or 5, each vacancy shall be filled by the reassignment of the most senior qualified volunteer. If there are no volunteers, selections shal l be made using inverse seniority from among the qualified employees within the designated area(s)/team(s) which were identified in the solicitation. The transfer of employees shall be accomplished within three (3) months of the close of solicitation. If t he transfer is not accomplished within three (3) months of the close of the solicitation, the selection list shall be considered void. Section 7. A CPC who has volunteered for an intra - facility reassignment, shall receive an incentive bonus equal to one p ercent (1%) of the employee's base pay, and an additional one percent (1%) once he/she has fully certified in the new area. When a CPC who is involved in an intra - facility transfer in accordance with this Article is unsuccessful in achieving certification in his/her new area, the employee shall be retained within his/her existing facility. The first priority shall be a reassignment back to the area that he/she was previously certified. Nothing in this Section precludes the Agency from offering multiple area s based on organizational needs. If more than one position is offered, the employee shall be given the opportunity to select the area to which he/she will be assigned. Section 8. In the event that an administrative/directed reassignment becomes necessary as a result of one of the actions stated in this Article, the Agency shall expedite existing selections awaiting release to/from affected facility(s) prior to making a decision as to the number of employees to be affected as well as the locations involved. Should it be determined that there are still employees subject to directed reassignments, the Agency agrees to set qualifications and solicit volunteers. The Agency will then assign the most senior volunteer(s). If there are insufficient volunteers, inver se seniority shall apply from among qualified employees. Employees adversely affected by the conditions set forth in this Article shall be entitled to receive permanent change of station (PCS) expenses in accordance with Article 58 of this Agreement. Sec tion 9. Nothing in this Article is intended as a waiver of any bargaining obligation with respect to remaining substantive issues and/or the impact and implementation arising from any

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