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2016TentativeCBA

A publication of the National Air Traffic Controllers Association

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2016 CBA Tentati ve Agreement Page 17 of 217 giving rise to the grievance or withi n twenty (20) calendar days of the time the employee may have been reasonably expected to have learned of the event. If the employee's immediate supervisor is not on duty, the employee may submit the grievance to any agent of management who is on duty duri ng the employee's shift. If requested, the agent shall sign for receipt of the grievance. If requested on the grievance submission, the Agency shall promptly arrange for a meeting at a mutually agreeable time, to occur no later than ten (10) calendar days following the date the employee submitted the grievance. The employee and his/her representative shall be given a reasonable amount of time (duty time for the employee/official time for the Union representative) to present the grievance. The Agency Step 1 deciding official shall answer the grievance in writing within twenty (20) calendar days following the meeting, or within twenty (20) calendar days following the submission of the grievance. If the grievance is denied, the reasons for denial will be in th e written response. The decision shall be delivered personally to the employee and his/her Union representative, if they are on duty. Otherwise, another appropriate method of delivery shall be used. All settlement agreements shall be reduced to writing. Step 2. If the employee or the Union is not satisfied with the Step 1 answer, the grievance may be submitted to the Air Traffic Manager, District Manager, or corresponding level as appropriate for Union or Agency initiated grievances at this Step, within twenty (20) calendar days following the receipt of the answer or the day the answer was due. In those facilities where the Air Traffic Manager is also the supervisor, the AFSIAG/District Manager or his/her designee shall be the official to hear the grievan ce at this Step. In such cases, the grievance may be submitted through the Air Traffic Manager. If requested, the appropriate Agency official at the corresponding level or his/her designee as appropriate, shall, prior to making a decision, afford the emplo yee and/or Union representative an opportunity to present the grievance orally at a mutually agreeable time in a location that affords privacy. The employee and his/her representative shall be given a reasonable amount of time (duty time for the employee/o fficial time for the Union representative) to present the grievance. The Agency Step 2 deciding official shall answer the grievance in writing within twenty (20) calendar days following the meeting, or within twenty (20) calendar days following the submiss ion of the grievance. If the grievance is denied, the reasons for denial will be in the written response. In disciplinary/adverse action cases, the Agency Step 2 deciding official shall answer the grievance in writing within seven (7) calendar days follow ing the meeting, or within seven (7) calendar days following the submission of the grievance if no meeting is requested. If the grievance is denied, the reasons for denial will be in the written response. Decisions shall be delivered personally to the emp loyee and his/her Union representative, if they are on duty. Otherwise, another appropriate method of delivery shall be used. All settlement agreements shall be reduced to writing. Step 3. If the Union is not satisfied with the Step 2 decision, the Union at the national level may, within thirty (30) calendar days following receipt of the Step 2 decision or the date the answer was due, notify the Director, Office of Labor and Employee Relations, that it desires the matter be submitted to arbitration. Such notification shall be via certified mail or other similar system that requires a signature upon receipt.

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