NATCA Bookshelf

NKTApril2005CBA

A publication of the National Air Traffic Controllers Association

Issue link: http://natca.uberflip.com/i/720948

Contents of this Issue

Navigation

Page 15 of 88

15 (14) days, a reduction - in - grade, a reduction - in - pa y and a furlough of thirty (30) days or less) an aggrieved BUE will have the option of utilizing the negotiated grievance or the appellate procedures in Title 5 U.S.C. 7701, but not both . Section 6. The Parties reserve their rights to all applicable stat utory appeal procedures. Section 7. BUEs are entitled to be assisted by the Union in the presentation of grievances. Any BUE or group of BUEs covered by this procedure may present grievances without the assistance of the Exclusive Representative, provid ed the Exclusive Representative has been given the opportunity to be present during the grievance proceedings. No other individual(s) may serve as the BUE's Representative in the processing of a grievance under this procedure, unless designated by the Unio n. The right of individual representation does not include the right of taking the matter to Arbitration unless the Union agrees to do so. Section 8. In the case of grievances concerning disciplinary/adverse actions under 5 U.S.C. 75, the Union may elec t to utilize the procedures of Section 9, 11, 12 or Section 16. Grievances filed under Section 9 should be submitted beginning with Step 2, rather than Step 1. Grievances under this Section must be initiated within fifteen (15) calendar days after the effe ctive date of the disciplinary/adverse action. Section 9. Grievances filed by Employee: Step 1. An aggrieved BUE will file his/her grievance to his/her immediate Supervisor (who may be the ATCFO) within fifteen (15) calendar days of the event givi ng rise to the grievance or within fifteen (15) calendar days from the time the BUE may have been reasonably expected to have learned of the event. The grievance will be submitted, in writing, on the Parties' negotiated grievance form (Appendix B), and wi ll contain the name of the grievant, the alleged violations(s), the corrective action desired, and the name of his/her Union Representative, if any. The aggrieved BUE and his/her Representative, if any, will be given a reasonable amount of official time t o present the grievance. The Supervisor (who may be the ATCFO) will submit his/her decision, on the negotiated grievance form, to the Employee and/or his/her Union Representative, if any, within fifteen (15) calendar days after receipt of grievance. If th e BUE or the Union is not satisfied with the Step 1 answer, the BUE or the Union may desire to elevate the grievance to Step 2. Step 2. The grievance will be submitted on the negotiated grievance form, to the Airfield Operations Officer (AIROPSO) wi thin fifteen (15) calendar days following the receipt of the answer at Step 1. The aggrieved BUE and his/her Representative, if any, will be given a reasonable amount of official time to present the grievance. The decision of the AIROPSO will be delivere d, on the negotiated grievance form, to the BUE and Union Representative, if any, within fifteen (15) calendar days after receipt of delivery of Step 2. In suspension/adverse action cases, a decision will be delivered to the Employee within fifteen (15) c alendar days of the date of the grievance. The decision will be delivered personally, in writing, to the BUE, and/or his/her Representative, if he/she is on duty. Otherwise, another appropriate method of delivery will be used wherein the delivery date to the BUEs is recorded.

Articles in this issue

view archives of NATCA Bookshelf - NKTApril2005CBA