A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/715197
31 (3) the 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, and (5) the Parties retain their rights to binding arbitration if they do not reach a settlement. e Parties also reserve the right, at any time 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 arbitration in accordance with Section 9 of this Agreement. e. Questions as to whether or not a grievance is on a matter subject to the Parties' grievance procedure, or is subject to arbitration, shall be submitted to the evaluator for an opinion. If the Parties cannot agree with the evaluator's opinion on the threshold issue(s), the matter may be submitted to binding arbitration. f. During the PAR, the evaluator may address questions to the Parties. Each Party shall have an opportunity to present a brief oral statement not to exceed fieen (15) minutes, of which a portion may be reserved for rebuttal. e neutral evaluator shall issue an oral evaluation to the Parties advising them of his or her opinion as to the likely disposition of the grievance if it were to proceed to an arbitration hearing and the reasons therefore. Such opinion may include a candid assessment of the strengths and weaknesses of the Parties' claims and defenses and suggested settlement options. e neutral evaluator's evaluation shall be reduced to writing, signed by the Parties and the neutral evaluator, and copies provided to the Parties. e Parties at the national level shall develop a standard form for this purpose. g. e neutral evaluator may assist the Parties in mediation and/ or settlement discussions. If at any time, the Parties are able to reach agreement, the Parties shall reduce the agreement to writing, specifying all the terms of their agreement bearing on the resolution of the dispute and sign it.