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PurpleBook2013

A publication of the National Air Traffic Controllers Association

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38 SECTION 6. Except for oral and written admonishments and written reprimands, the following procedures will be used to take disciplinary/adverse actions: a. e Agency shall give the employee written notice proposing the action. e notice period shall be at least fieen (15) days for disciplinary actions and at least thirty (30) days for adverse actions unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed. e notice must state the specific reasons for the action. b. e employee has the opportunity to reply to the notice orally and in writing within fieen (15) days from the date the employee receives notice proposing the action. However, if the action is taken under the "crime provision" the employee is entitled to a reasonable amount of time but not less than seven (7) days to reply. c. e employee's representative may participate in the employee's oral reply. d. e Agency shall consider the employee's reply, and then give the employee a written decision concerning the proposed action. SECTION 7. In addition to the provisions of Section 6, the following provisions are applicable to cases of reductions–in-grade or pay, or removal for unacceptable performance: a. If the final decision is to sustain the proposed removal or downgrade, the decision letter must specify the instances of unacceptable performance on which it is based and the decision must be concurred with by a management representative who is in a higher position than the management representative who proposed the action. e decision may only be based on those instances of unacceptable performance which occurred within one (1) year prior to the date of the written notice described in Section 6a. b. If, because of performance improvements by the employee during the notice period the employee is not reduced in grade or removed, and the employee's performance continues to be acceptable for one (1) year from the date of the written notice

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