NATCA Bookshelf

2016 CBA Tentati ve Agreement Page 97 of 217 from operational duties until the performance review portion of a Covered Event Review (CER) as defined in FAA Order 7210.634, and ass ociated training, if assigned, is completed. Section 3. The Principal Facility Representative, or their designee, will be afforded the opportunity to be present for any interview of an employee conducted by the Agency as the result of an MOR or EOR. By mu tual consent of the Agency, employee(s) and the Union, interviews may be accomplished by telephone. The employee and their Union representative shall be permitted to review all available information prior to the interview. Employees shall be on duty time a nd the Union representative shall be granted official time to participate in these proceedings. The Agency shall provide the Principal Facility Representative, or his/her designee, with the names of all employees to be interviewed. The Agency shall col laborate with the Principal Facility Representative, or their designee, to establish an interview schedule. No changes to an employees schedule may occur without the consent of the employee. Section 4. Signed employee statements will only be required in the event of a pilot deviation. Section 5. In the event that an employee is not permitted to return to operational duty following a reported occurrence, the Air Traffic Manager, upon request of the employee, shall provide a written explanation of the reas on for such action within twenty - four (24) following the occurrence. Section 6. If the Agency conducts a performance discussion related to an EOR and/or MOR or determines that a review is warranted through the QA Risk Analysis Process (RAP) or a QC Servic e Review the following provisions apply: a. Involved employee(s) shall be notified as soon as possible that a review was conducted. This notification shall not occur while employees are working a control position. b. The Agency shall offer, and afford, suffici ent duty time to complete an ATSAP report. The time to file an ATSAP should occur as soon as operationally possible , but need not occur during the same duty day. Normal ATSAP timelines apply to these submissions; timeliness will be based on the actual allo cation of duty time. Employees that have already filed an ATSAP report but request to add additional information to their report shall be provided time under this section. c. Employees shall be permitted to review the performance documentation and recorded da ta concerning the occurrence prior to submitting an ATSAP report. Section 7. QC Service Reviews shall be conducted outside of the operating quarters. The Principal Facility Representative, or their designee, shall be afforded the opportunity to participat e in these proceedings. QC Service Reviews will be conducted in a collaborative manner and any findings of the reviews will, when practicable, be jointly developed. Section 8. The Union, at the appropriate level, shall have the opportunity to provide a r esponse to a request for information regarding a safety event or safety problem. The Agency will work with the Union in a pre - decisional, collaborative manner in developing a response to a Corrective Action Request (CAR). If the Parties cannot achieve a c onsensus on a resolution, they are free to pursue traditional processes for resolution. Section 9. The principles and processes contained within Article 51 of this Agreement shall be utilized for a Compliance Verification (CV), Quality Control Check (QCC ) or Quality Control Validation (QCV), regardless of the level at which the activity is conducted.

• Cover