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PurpleBook2013

A publication of the National Air Traffic Controllers Association

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35 SECTION 11. Expedited Arbitration: a. If the Union at the national level elects to process a disciplinary/ adverse action under this Section, rather than Section 7, it shall, within twenty (20) calendar days following the effective date of the disciplinary/adverse action, notify the Director, Office of Labor and Employee Relations, that it desires the matter be submitted directly to expedited arbitration. is request will include a completed grievance as described in Section 7. Within seven (7) calendar days aer receipt of the request, arbitrators from the panel shall be polled for available dates. Unless mutually agreed otherwise, the arbitrator with the first available date shall normally be used. In the event of a tie, an arbitrator shall be selected by alternately striking names until one (1) remains. e arbitrator shall issue a decision as soon as possible, but no later than twenty-one (21) calendar days aer the hearing has been held. e necessity for transcripts or filing of briefs shall be determined on a case-by-case basis. e election of either Party to request a transcript and/or file a post-hearing brief shall not delay the time frame for the arbitrator to render his/her decision. b. In cases other than disciplinary/adverse actions, either Party at the national level may refer a particular grievance to expedited arbitration in lieu of the normal arbitration process in this Article. e Arbitrator selection process defined in Section 11a shall be used. e hearing shall be conducted as soon as possible and shall be informal in nature. ere shall be no briefs, no official transcripts, no formal rules of evidence, and the arbitrator shall issue a decision as soon as possible, but no later than five (5) calendar days aer the official closing of the hearing unless otherwise agreed between the Parties. Determinations as to whether expedited arbitration shall be utilized in cases other than disciplinary/adverse actions shall be based on the facts and circumstances of each case; however, only those grievances where the passage of time would preclude a remedy or result in irreparable harm are subject to this expedited procedure. Disagreements as to whether an issue is appropriate for this expedited procedure shall be referred to the arbitrator for decision.

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