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2016TentativeCBA

A publication of the National Air Traffic Controllers Association

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2016 CBA Tentati ve Agreement Page 8 of 217 person's right to compete for employment; iv. influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employ ment; v. grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or inj uring the prospects of any particular person for employment; vi. take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of: • any disclosure of information by an employee o r applicant which the employee or applicant reasonably believes evidences: a violation of any law, rule or regulation; gross mismanagement, a gross waste of funds, an abuse of authority; or a substantial and specific danger to public health or safety, if s uch disclosure is not specifically prohibited by law, and if such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or • any disclosure to the Special Counsel or to the Inspector General of an Agency, or another employee designated by the head of the Agency to receive such disclosures of information which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or gros s mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; vii. to take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for emplo yment because of: • the exercise of any appeal, complaint, or grievance right granted by law, rule, or regulation; • testifying for or otherwise lawfully assisting of any individual in the exercise of any right referred to in this section; • cooperating with or disclosing information to the Inspector General of any Agency, or the Special Counsel, in accordance with applicable provision of the law; or • for refusing to obey an order that would require the individual to violate a law; viii. discriminate for or against an y employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an Agency from taking into accoun t, in determining suitability or fitness, any conviction of the employee or applicant for any crime under the laws of any State, of the District of

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