A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/720948
19 probationers is an exception to this Article and shall be governed by the provisions of Article 32 of this Agreement. Section 2. Any action tak en against a BUE under this Article must be for such cause as will promote the efficiency of the service. Actions under 5 CFR 752 must be supported by a preponderance of the evidence. Actions must be determined on the merits of each individual case. Sec tion 3. 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. Se ction 4. A BUE against whom an adverse action is proposed, which falls under the jurisdiction of the Merit Systems Protection Board such as removal, suspension of more than fourteen (14) days, reduction - in - grade or pay, or furloughs of thirty (30) days or less, may appeal that action to the Merit Systems Protection Board or grieve under Article 9 of this Agreement, but not both. Section 5. A BUE against whom action is proposed under this Article and his/her Union Representative shall have the right to re view all of the information relied upon to support the action and shall be given a copy upon written request. Section 6. A BUE and his/her Union Representative shall be granted a reasonable amount of official time, if otherwise in a duty status, in cases involving disciplinary/adverse actions covered by this Agreement to review the material relied upon by the Employer in proposing a disciplinary or adverse action for the purpose of preparing and presenting answers to proposed actions covered under this Ar ticle. Section 7. Letters of Caution, verbal and/or written counseling's will not be considered disciplinary in nature, but may be used to document future disciplinary actions, provided a copy was given to the BUE. Section 8. In assessing penalties, co nsideration will be given to the length of time that has elapsed from the date of any previous offense. Such consideration will be used in determining freshness. ARTICLE 11 DUES WITHOLDING Section 1. The Employer shall deduct National Union dues (the regular periodic amounts required to maintain the BUE in good standing in the Union, excluding initiation fees, special assessments, back dues, fines and similar items) from the pay of all BUEs who are employed within the Unit in accordance with the follo wing conditions: