NATCA Bookshelf

2016 CBA Tentati ve Agreement Page 11 of 217 appointments from – i. among properly ranked and certified candidates for promotions; or ii. any other appropria te source; and (D) to take whatever actions may be necessary to carry out the Agency mission during emergencies. (b) Nothing in this section shall preclude any Agency and any labor organization from negotiating - (1) at the election of the Agency, on the numbers, ty pes, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; (2) procedures which management officials of the Agency will observe in exercisin g any authority under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials. ARTICLE 6 REPRESENTATION RIGHTS Section 1. When it is known in advance tha t the subject of a meeting is to discuss or investigate a disciplinary, or potential disciplinary situation, the employee shall be so notified of the subject matter in advance. The employee shall also be notified of his/her right to be accompanied by a Uni on representative if he/she so desires, and shall be given a reasonable opportunity both to obtain such representation, and confer confidentially with the representative before the beginning of the meeting. If during the course of a meeting it becomes appa rent for the first time that discipline or potential discipline could arise, the Agency shall stop the meeting and inform the employee of his/her right to representation if he/she so desires, and provide a reasonable opportunity to both obtain representati on and confer confidentially before proceeding with the meeting, if requested. The Union retains the right to determine its representatives in accordance with Article 2 of this Agreement. This Section applies to meetings conducted by all management repres entatives, including DOT/FAA security agents, and EEO investigators. The above provisions shall apply to meetings conducted by the National Transportation Safety Board (NTSB) to the extent the provisions are consistent with NTSB regulations and procedures. Additional representational rights regarding safety events are covered in Article 64 of this Agreement. Section 2. In meetings conducted by agents of the U.S. Department of Transportation Inspector General (DOT IG), in accordance with 5 U.S.C 7114(a)( 2)(B), the employee is entitled to a Union representative if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation.

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