A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/685218
2016 CBA Tentati ve Agreement Page 19 of 217 preclude one of ei ther Parties' PAR representatives from observing the proceedings while other representatives are presenting grievances for neutral evaluation. Additional PAR representatives acting as observers shall be by mutual consent. Observers shall not speak or oth erwise participate during the proceedings. If either side determines that an observer is being disruptive then they make ask the observer to be excused from the proceedings. Proceedings before the neutral evaluator shall be informal in nature. The prese ntation of documentation is allowed during the PAR. Copies of documentation used shall be provided to the other Party. Formal rules of evidence will not apply, and no transcript of the neutral evaluation meeting shall be made. The Parties further understan d that: (1) the PAR meeting is not a hearing, (2) the evaluator is not acting in the capacity of judge or arbitrator, (3) the neutral evaluator will not act in the capacity of a judge or arbitrator in the subject grievance at any time in the future, (4) the evaluator' s opinions are not binding on any Party and any settlement reached will be only by the mutual consent of the Parties, (5) the Parties retain their rights to binding arbitration if they do not reach a settlement. The Parties also reserve the right, at any tim e during this process, to settle, withdraw or sustain the grievance. By mutual agreement, the Parties may choose to exclude a grievance from the PAR process. Agreement to exclude a grievance does not waive the Union's right to appeal the grievance to arbit ration in accordance with Section 9 of this Agreement. If at the PAR meeting, the Parties mutually agree to exclude a grievance from the PAR process, the timeline for the Union to request arbitration shall begin the day after the conclusion of the PAR mee ting, (6) The Parties agree that from the date the Union identifies the grievances pending the PAR to the conclusion of the PAR meeting, the Parties may identify local and regional grievances that are the subject of pending National grievances. Such grievanc es will be withdrawn from the PAR process and held in abeyance utilizing the abeyance template referenced in Appendix XX (Appendix Article 9 - 1 PAR forms), (7) The Parties agree that the PAR is inclusive of grievances that arise from within the Air Traffic, St aff Specialist, Traffic Management, AOS, FSS and NOTAM bargaining units. The length and frequency of the PAR meeting shall be in accordance with Section 8(a) of this Article, and (8) The Parties agree to utilize the forms contained in Appendix XX (Appendix A rticle 9 - 1 PAR forms) for the resolution of grievances at PAR. This shall include the: holding of a grievance in abeyance, settling of a grievance, sustaining of a grievance, remanding a grievance to the local level, withdrawal of a grievance, and PAR Sum mary Report completed and submitted in accordance with the PAR Summary Reporting instructions.