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NKTApril2005CBA

A publication of the National Air Traffic Controllers Association

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14 The Employer recognizes that BUE(s) are entitled to file and seek resolution of grievances under the provisions of the negotiated grievance procedure. The Employer agrees not to interfere wit h, restrain, coerce, or engage in any reprisal against any BUE or Union representative for exercising rights under this Article. Section 2. This procedure provides for the timely consideration of grievances. Except as limited or modified by Section(s) 3 , 4, 5, and/or 8, it will be the exclusive procedure available to the Parties and the BUES in the Unit for resolving grievances. Any BUE, group of BUEs, or either Party may file a grievance under this procedure. The Parties will cooperate to resolve griev ances informally at the earliest possible time at the lowest supervisory level. The Parties, consistent with the provisions of this Article, recognize that the joint problem solving procedures of Article 8 may be used to resolve problems through a proactiv e approach before resorting to formal dispute resolution procedures. Section 3. This procedure will not apply to any grievance concerning: a. Any claimed violation of Subchapter III of Chapter 73, Title 5 U.S.C. (relating to prohibited political a ctivities); b. Retirement, life insurance or health insurance; c. A suspension or removal under Section 7532, Title 5 U.S.C. (Relating to national security matters); d. Any examination, certification or appointment under Title 5 U.S.C. 7121 (c) (4); e. The classification of any position which does not result in the reduction - in - grade or pay of any Employee; f. The removal of probationers; g. Matters relating to overtime entitlement under the Fair Labor Standards Act (FLSA), as amended. The compliances and complaint system of the Office of Personnel Management (OPM) will be the procedure followed; h. Mere non - selection for promotion from a properly ranked and certified list of candidates, and; i. Reduct ion in force actions. Section 4. In matters relating to Title 5 U.S.C. 2302 (b) (1) dealing with certain discriminatory practices, an aggrieved BUE will have the option of utilizing this grievance procedure or any other procedure available in law or reg ulation, but not both. Section 5. In matters covered by Title 5 U.S.C. 4303 (Removal or reduction - in - grade for unacceptable performance) or Title 5 U.S.C. 7512 (Removal, suspension for more than fourteen

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