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NKTApril2005CBA

A publication of the National Air Traffic Controllers Association

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13 ARTICLE 8 PROBLEM SOLVING Section 1. The Parties recognize tha t the traditional methods of dispute resolution (e.g., grievance/arbitration and unfair labor practice charges) are reactive and not always the most efficient means of problem resolution. The Parties also understand that an early and open exchange of info rmation is essential to clearly address the concerns or reservations of each Party. Therefore, the Parties agree to use the provisions of this Article to the fullest extent possible before resorting to other avenues of dispute resolution. Section 2. The Parties to this Agreement support the following technique: a. When a complaint/problem/concern arises, the BUE, the Union or the Employer may notify the other affected Parties within ten (10) days of the event giving rise to the complaint/problem/c oncern. A meeting will be held within ten (10) days of notification, which will include BUEs, the Union Representative and appropriate management representative. The party invoking the procedures outlined in this Article, whether the Union or the Employe r, shall notify the other party. b. The purpose of the meeting is to allow the BUE, the Union and the Employer to freely present, receive and/or exchange information and their views on the situation, and to seek opportunities for problem resolution. c. If the Parties are unable to resolve the issue under this Article, the Employer shall render a decision within ten (10) days of the meeting. Once the decision has been rendered, and if appropriate, the BUE may proceed with Article 9, Section 9, Step 1. The time limits in Article 9 begin when the decision under this Article is rendered. Section 3. This Article shall not diminish the Employer's right to discipline, where otherwise appropriate, nor shall this Article affect the rights of the Em ployer, the Union, or the BUE's rights under Article 9 of this Agreement. ARTICLE 9 GRIEVANCE PROCEDURE Section 1. A grievance will be defined as any complaint: a. By any BUE concerning any matter relating to the employment of the BUE; b. By the Union concerning any matter relating to the employment of any BUE; or c. By a BUE or either Party concerning any claimed violation, misinterpretation, or misapplication of any law, rule or regulation affecting conditions of employment, as p rovided in applicable rule, law, regulation, or this Agreement.

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