A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/715503
17 Section 2. All actions taken under this Article will be IAW applicable law, rules, regulations and this Agreement. Section 3. Disciplinary and adverse actions will be taken only for j ust cause, and such cause will promote the efficiency of the service . Actions must be supported by a preponderance of the evidence. Actions must be determined on the merits of each individual case. Section 4. All facts pertaining to any disciplinary /adverse action shall be developed as promptly as possible. Actions under this Article shall be promptly initiated after all the facts have been made known to the official responsible for taking action. Section 5. The Employee and/or their representati ve, if otherwise in a duty status, shall be granted a reasonable amount of official time to receive copies of and review the material relied on to support the reasons in the notice for the proposed action. Section 6. Except for written reprimands, the fo llowing procedures will be used to take formal disciplinary/adverse actions: A. The Employer shall give the employee written notice proposing the action. An employee against whom an action is proposed is entitled to at least thirty (30) calendar days' advan ce written notice for adverse actions and fifteen (15) days for disciplinary actions, unless the crime provision is invoked or there is a furlough without pay due to unforeseeable circumstances, such as sudden breakdowns in equipment, acts of God, or sudde n emergencies requiring immediate curtailment of activities . The Employer shall provide the rationale for the proposed action. B. The Employee has the opportunity to respond to the notice orally, in writing or both within fifteen (15) calendar days from the date the employee receives notice proposing the action to the deciding official. The employee may request an extension in writing, with justification to the deciding official. C. The Employer shall consider the employee's reply and then provide the employe e with a written decision concerning the proposed action. The Employee may have representation during all phases including the oral response. Section 7. An Employee and his/her Union Representative shall be granted a reasonable amount of official time, if otherwise in a duty status, in