A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/720948
63 Section 8. If an employee's examination cannot lead to the determination that the BUE meets required standards in accordance with section 6 of this article, the Employer shall pay the costs associated with additionally required tests. If an examin ation leads to the determination that the BUE does not meet the required standards in accordance with Section 6 of this article, the AMO will review the diagnosis with the BUE and the diagnosis shall be reduced to writing if requested by the BUE. Subseque nt tests or examinations shall be the responsibility of the BUE who fails to meet the necessary standards. Section 9. Any BUE unable to meet the standards as listed within Section 1 of this Article, will be placed in the temporary status of Not Physical ly Qualified (NPQ) and will not perform air traffic control duties. If an employee is in a temporarily NPQ status, the terms of Article 40 (Temporarily Disabled Employees/Assignments) of this Agreement will apply. Section 10. It shall be the BUE's respo nsibility to notify the Employer, as soon as practicable, of any change to medical status to include illness, medical condition, and/or medications throughout the calendar year, which renders and/or might render the employee NPQ. Final determinations as t o PQ/NPQ to perform the duties of air traffic controller shall remain with the Employer. The Employer's designated AMO may require copies of medical treatment in these cases as well as possible examination and/or additional testing. Section 11. The AMO will submit a waiver request for the BUE in accordance with the procedures as outlined within MMD and the Aeromedical Reference and Waiver Guide. The AMO will provide the BUE with any updates to the waiver request throughout the process. The BUE will rec eive a copy of the waiver request package prior to submission. Section 12. In accordance with Section 1 of this Article, the BUE may be issued a temporary Physically Qualified Aeromedical Clearance Notice pending final disposition of the case by the Comm andant of the Marine Corps (CMC). Section 13. Any BUE determined to be permanently NPQ and, who was denied a waiver from CMC to perform duties as an air traffic controller, will be notified in writing by the Employer. The AMO will discuss and provide t he BUE a copy of the package denying the waiver, including any documentation provided by BUMED/NAMI and CMC. Section 14. In the event a BUE is denied a waiver and is determined to be permanently NPQ, the Employer shall make every reasonable effort to rea ssign the BUE to an appropriate position in accordance will the terms of this Agreement, all applicable law, rule, and government - wide regulations including, but not limited to, 5 U.S.C. 3381. Section 15. The Union will be notified of any changes to thi s Article or DoN's medical qualification requirements in accordance with Article 7 of this Agreement.