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NKTApril2005CBA

A publication of the National Air Traffic Controllers Association

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64 ARTICLE 53 EMPLOYEE RIGHTS RELATED TO MEDICAL CONDITIONS Section 1. The Parties agree that medical documentation and other personal information rela ted to the medical condition of BUEs, including but not limited to Acquired Immuno - Deficency Syndrome (AIDS) or Human Immuno - Deficiency Virus (HIV) positive status, shall be treated in a way to protect confidentiality and privacy in accordance with 5 U.S.C . 552(a). Except as follow - up to an identified medical condition, AMO's shall not inquire as to the potential HIV/AIDS status of a bargaining unit member. Section 2. The Agency agrees that the AMO will only solicit medical condition information as requi red to determine the physically qualified status of a BUE to perform air traffic control duties. Section 3. A BUE's HIV status shall not be the sole basis for a Not Physically Qualified (NPQ) determination. Section 4. The Agency will comply with all re quirements contained within 29 CFR 1614.203, and will ensure BUEs will be allowed to work free from discrimination on the basis of their medical condition. Under the provisions of 29 CFR 1614.203, qualified handicapped bargaining unit BUEs will be reasona bly accommodated, in accordance with the Rehabilitation Act of 1973, as amended. It is the BUE's responsibility to provide medical information regarding the extent to which a medical condition is affecting availability for duty or job performance to enabl e the Agency to reasonably accommodate the BUE. Section 5. Employees infected by the HIV, or with AIDS shall be allowed to work free from discrimination on the basis of their medical condition. ARTICLE 54 ATC TRAINING Section 1. BUEs shall be provid ed training, in accordance with applicable law, rule, government - wide regulations, and Employer directives, in a fair and equitable manner. Any changes thereto will be handled in accordance with Article 7 of this Agreement. Section 2. If a BUEs developme ntal training is interrupted for thirty (30) days or more, the Employer will determine whether he/she shall be granted sufficient training time to attain the level of proficiency he/she had prior to the interruption, before resuming the remaining allotted training hours. The BUEs evaluations, training reports, and the BUE's position instructor's written input, shall be used by the Employer to determine when the BUEs former level of proficiency has been re - attained. Section 3. Developmentals will be advis ed in advance of general topics that a developmental is scheduled to receive for OJT or classroom/study time.

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