A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/715524
15 of this Article. Section 11. If the Employer fails to issue a decision within the specified time limits, the Union may proceed to the next step without a decision. Section 12. Expedited arbitration: The Union at the national level may request expedited arbitration of a disciplinary action involving suspension of more than 30 days or discharge, by notice to the Company within ten days following the effective date of the discipline. Within ten days after receipt of the request, an arbitrator shall be selected from the panel by the Parties or by alternately striking names until one remains. An arbitrator unable to hear an expedited arbitration case within 15 days shall be deemed unavailable and the next arbitrator in turn will be selected, unless otherwise agreed to by the Parties. The hearing shall be conducted as soon as possible at a location at or near the facility where the grievance arose unless otherwise agreed to by the parties. Either Party may file a written brief and/or request a transcript. Fees and expenses, including transcripts and cancellation fees, will be in accordance with Section 9 of this Article. The arbitrator shall issue a decision as soon as possible, but not later than 15 days after the hearing has been held. Section 13. The Parties may, by mutual agreement, stipulate the facts and the issue(s) in a particular case directly to an arbitrator for decision without a formal hearing. Argument will be by written brief. Section 14. In the handling of grievances under this procedure, upon request, the Union shall have access to such information relied upon for the action taken by the Employer. Section 15. The Parties reserve their rights to appeal an arbitrator's decision in accordance with applicable law. ARTICLE 10 DISCIPLINARY ACTIONS Section 1. This Article covers actions involving written admonishments, written reprimands, suspensions, removals, and/or reductions in pay. Section 2. An employee will not be discharged, suspended, or otherwise disciplined, nor entries made against the employee's service record without just cause. Disciplinary actions must be determined on the merits of each individual case. Normally disciplinary action taken by the Employer shall be progressive, corrective, and remedial in nature so as to address specific conduct. Examples of exceptions to progressive disciplinary action may be where an employee threatens a co-worker with bodily harm, stealing, falsifying documents, or the employee is a threat to the air traffic system. The prior sentence in no way diminishes the right of the Union to grieve any discipline issued under just cause. The Employer shall consider whether the problem can be resolved through such corrective action as closer supervision, admonition, or oral reprimand, prior to initiating formal disciplinary action.