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OPERATIONAL ERROR/DEVIATION INVESTIGATION,
REPORTING AND REVIEW BOARD
Section 1. Employees shall be relieved from position
as soon as operationally possible when the occurrence of an operational
error/deviation is known or suspected. If the Employer determines that an
operational error/deviation (OE/OD) may have occurred and any unit employee is
to be interviewed by the Investigator-In-Charge (IIC) or any agent of the
Employer, the Union representative or his/her designee may be present if the
employee so requests. In the event of any operational error/deviation, the
principal Union representative or his/her designee shall be notified promptly.
Section 2.
a. Initial Evaluation - Employees shall verbally provide
the preliminary information, of which they have knowledge, which is
requested by the Employer to make an initial determination as to whether an
investigation is warranted. This phase is meant only to determine the need
for an investigation and is not investigatory. Therefore, Union
representation is not required at this time.
b. Interim Written Statement - Employees are required to make an interim
written statement as soon as possible after an operational error/deviation.
The employee shall be permitted to listen to relevant tape recordings
available within the facility prior to making this statement. Union
representation of the employee, at the election of the employee, shall be
granted at this and later phases of the investigatory process.
c. Final Written Statement - Employees and their representatives shall be
permitted to review any data utilized in the related investigation by the
Employer or, if convened, the review board, prior to making a final written
statement. An employee may elect to use the interim written statement for
this purpose. The final written statement shall supersede any previous oral
or written statements. All copies of the employee's statement written prior
to the final written statement shall be returned to the employee and shall
not be maintained by the Employer.
Section 3. The employee and his/her Union
representative, if the employee so elects, shall be permitted to review
relevant recordings available within the facility before being interviewed by
the IIC or any agent of the Employer.
Section 4. The determination that an employee has been identified as
the primary cause of the operational error shall be made after consideration
of the factors listed in FAA Order 7210.56A, (dated 5/1/99) paragraph 5-1-5,
Investigation Process. When an employee is involved in an operational
error/deviation, the Employer may elect not to decertify the employee in
accordance with paragraph 5-1-7.
Section 5. The employee and the principal Union representative shall be
given an entire copy of the facility investigation report when such a report
is required by FAA Order 7210.56A (dated 5/1/99) concurrently with its
submission to the facility manager. If the employee or his/her Union
representative do not feel the findings of the facility investigation are
correct, they may submit their comments, in writing, to the facility manager
within five (5) days of receipt. The facility manager shall consider these
comments in his/her deliberations and shall append them to the facility final
report.
Section 6. At the request of both the employee and the Union, or the
IIC, an operational error/deviation review board may be convened by the Air
Traffic Manager. If the request is denied by the Air Traffic Manager, the
requesting Party(s) will be advised of the reason(s) in writing. The purpose
of the board shall be to provide an effective method for investigating and
analyzing causal factors so that deficiencies in human, procedural and
equipment elements of the air traffic system can be identified and corrected.
Section 7. The operational error/deviation review board shall consist
of equal representation by bargaining unit members and the Employer, including
a chairman who shall be the IIC. Bargaining unit participants will be
designated by the Union. The board shall prepare a facility investigation
report as provided in Section 5. Any dissenting opinions shall be attached to
the report.
Section 8. An employee, with his/her requested Union representative,
shall be permitted to review all data available to the board prior to
appearing before the board.
Section 9. Employees, Union representatives and/or their designee(s)
shall be on duty time during the review board proceedings. Union
representatives will be on official time for all other purposes of this
Article if otherwise in a duty status.
Section 10. The employee and the principal Union representative shall
be given an entire copy of the review board report concurrently with its
submission to the facility manager. If the employee or the Union
representative does not feel the findings of the review board are correct,
they may submit their comments, in writing to the facility manager within five
(5) days of receipt. The facility manager shall consider these comments in
his/her deliberations prior to making a final decision and shall append them
to the review board report. If the Employer does not concur with the findings
of the OE/OD board, the reasons for non-concurrence will be submitted to the
Union representative and employee in writing.
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