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GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined
as any complaint:
a. by an employee concerning any matter
relating to the employment of the employee;
b. by the Union concerning any matter relating to the employment of any
bargaining unit employee; or
c. by a unit employee or either Party concerning any claimed violation,
misinterpretation, or misapplication of any law, rule or regulation
affecting conditions of employment as provided in the Civil Service Reform
Act of 1978 or this Agreement;
d. by an employee or the Union concerning any matter relating to employment
not covered by any other area of the Agreement.
Section 2. The Employer recognizes that
employees are entitled to file and seek resolution of grievances under the
provisions of the negotiated grievance procedure. The employer agrees not to
interfere with, restrain, coerce, or engage in any reprisal against any
employee or Union representative for exercising rights under this Article.
Section 3. This Article provides the procedures for timely
consideration of grievances. Except as limited or modified by Section 4, 5, 6,
and 7, it shall be the exclusive procedure available to the Parties and the
employees in the bargaining unit for resolving conflicts/grievances. Any
employee, group of employees, or the Parties may file a grievance under this
procedure. The Parties shall cooperate to resolve conflicts/grievances
informally at the earliest possible time and at the lowest possible
supervisory level. The Parties may mutually agree upon an extension of time at
any grievance step.
Section 4. This grievance procedure shall not apply to:
a. any claimed violation of Title 5 USC
Chapter 73, Subchapter III (relating to prohibited political activities);
b. retirement, life insurance, or health insurance;
c. a suspension or removal under Title 5 USC Section 7532 (relating to
national security matters);
d. any examination, certification, or appointment (as required by Title 5
USC 7121 (c) (4));
e. the classification of any position which does not result in the reduction
in grade or pay of any employee;
f. the Employer�s decision to conduct a reduction-in-force (RIF);
g. the referral of an employee to an agency approved rehabilitation program
for substance abuse in accordance with the provisions of the substance
testing Article of this Agreement;
h. the legal removal of probationary employees.
Section 5. In matters relating to Title
5 USC 2302 (b)(1) dealing with certain discriminatory practices, an aggrieved
employee shall have the option of utilizing either this grievance procedure or
any other procedure available in law or regulation, but not both.
Section 6. In matters relating to Title 5 USC 4303 dealing with removal
or reduction-in-grade for unacceptable performance or Title 5 USC 7512 dealing
with removal, suspension for more than fourteen (14) days, a
reduction-in-grade, a reduction in pay, or a furlough of thirty (30) days or
less, an aggrieved employee shall have the option of utilizing this procedure
or any appellate procedure, but not both.
Section 7. The compliance and complaint procedures of the Office of
Personnel Management (OPM) shall be followed in matters related to
entitlements under the Fair Labor Standards Act (FLSA), as amended.
Section 8. Employees may request assistance from the Union in the
presentation of grievances. Any employee or group of employees covered by this
Agreement may present grievances and have them adjusted without the assistance
of the exclusive representative, as long as the adjustment of the grievance is
not inconsistent with the terms of this Agreement and the exclusive
representative has been given the opportunity to be present during the
grievance proceedings. No other individual(s) may serve as the employee�s
representative in the processing of a grievance under this procedure, unless
designated by the union. The right of individual presentation does not include
the right of taking the matter to arbitration unless the Union agrees to do
so.
Section 9. For Section 10, Steps 2 and 3, employee grievance meetings,
the Union is entitled to be represented in numbers equal to the number of
management representatives present, provided this entitlement does not
unreasonably delay the meeting. The grievant�s presence at the meeting is not
considered a representative of the Union.
Section 10. Employee Grievances:
Step 1. Within twenty (20) calendar days of the event giving rise to
the grievance or within twenty (20) calendar days of the time the employee may
have been reasonably expected to have learned of the event, an aggrieved
employee shall submit a written request for informal resolution of the
grievance to the employee�s immediate supervisor (who may be the Air Traffic
Manager). If the employee�s immediate supervisor is not available the request
may be submitted to the supervisor on duty. A meeting shall be held within
fifteen (15) calendar days of notification. This meeting shall be limited to
the employee, the appropriate Union representative and a representative of the
Employer. However, the Parties may mutually agree upon additional
participants. The employee shall be in a duty status to present the grievance.
The purpose of the meeting is to allow the employee, the Union and the
Employer to freely present, receive and/or exchange information and their
views on the situation. The Parties should explore the alternate methods
available to resolve the issue. If one arises, it shall be acted upon with
mutual agreement. If the Parties are unable to resolve the issue under this
Article, the Employer shall render a written decision within twenty (20)
calendar days of the meeting. A copy of the decision will be provided to the
grievant and the Union.
Step 2. If the grievant or the Union is not satisfied with the answer,
a formal grievance may be submitted to the Air Traffic Manager or his/her
designee, within twenty (20) calendar days following the receipt of the
answer. The grievance shall be submitted in writing on a grievance form, if
available, and shall contain the name of the grievant, the Union
representative, the alleged violation (citing article and section), and the
corrective action desired. If requested, the Employer shall, prior to making a
decision, afford the employee and/or Union representative an opportunity to
present the grievance orally. The employee shall be in a duty status to
present the grievance. The Employer�s decision shall be delivered to the
grievant and Union representative within twenty (20) calendar days following
receipt of the written grievance. The decision shall be delivered personally
to the grievant, and/or his/her representative, if he/she is on duty.
Otherwise, another appropriate method of delivery shall be used. If the
grievance is denied, the reasons for denial will be set forth in the written
response.
Step 3. If the Union is not satisfied with the Step two (2) decision,
and wishes to continue the process, the Union must advise the regional labor
relations contact that it desires the matter to be reviewed by the Manager,
Air Traffic Division, or his/her designee. This request must be sent by
certified mail unless another suitable means is mutually agreed upon by the
Parties at the Regional level within thirty (30) calendar days following
receipt of the decision or the day the answer was due. The Regional
Headquarters shall notify the Union, by certified mail, of its decision within
thirty (30) calendar days following receipt of the request. If requested, the
Air Traffic Manager or his/her designee shall, prior to making a decision,
afford the Union an opportunity to present the grievance orally.
Step 4. If the Union at the national level is not satisfied with the
regional decision and wishes to pursue the grievance to arbitration, it must
notify the Employer at the national level by certified mail within thirty (30)
calendar days following receipt of the regional decision or the date the
answer was due.
Section 11. Grievances Filed by the Union or Employer.
A. Facility Level.
Step 1. The Union/Employer must submit any grievance in writing to the
other Party within twenty (20) calendar days of the event (or knowledge of the
event) giving rise to the grievance and shall provide the following
information:
a. The facts upon which the grievance is
based.
b. The Article(s) and Section(s) of the Agreement alleged to have been
violated.
c. The corrective action sought.
d. If a meeting is requested
If a meeting is requested, the Employer and the
Union shall hold a meeting within twenty (20) calendar days of the filing of
the grievance. The purpose of the meeting is to allow the Union and the
Employer to freely present, receive and exchange information and their views
on the issue, and to try to resolve the grievance. If the Parties are unable
to resolve the grievance, the responding Party shall render a written decision
within twenty (20) calendar days of receipt of the grievance or the final
meeting on the issue whichever is later.
Step 2. If the grieving party is not satisfied with the decision, they
may within thirty (30) calendar days following receipt of the decision advise
the regional labor relations contact, that it desires the matter be reviewed
by the appropriate regional official. This request shall be sent by certified
mail unless another suitable means is mutually agreed upon by the parties at
the regional level. On request, the grieving party shall be afforded an
opportunity to present the grievance orally prior to a decision being
rendered.
The grieving party shall be notified in writing within thirty (30)calendar
days of the receipt of the request or the oral presentation, whichever is
later, of the regional decision. This request shall be sent by certified mail
unless another suitable means is mutually agreed upon by the Parties at the
regional level.
Step 3. If the grieving party at the national level is not satisfied
with the regional decision and wishes to pursue the grievance to arbitration,
it must notify the responding party at the national level by certified mail
within thirty (30) calendar days following receipt of the regional decision or
the date the answer was due.
B. Regional/National Level.
Step 1. The Union/Employer at the regional or national level must
submit any grievance in writing to the other Party at the corresponding level
within twenty (20) calendar days of the event (or knowledge of the event)
giving rise to the grievance and shall provide the following information:
a. The facts upon which the grievance is
based.
b. The Article(s) and Section(s) of the Agreement alleged to have been
violated.
c. The corrective action sought.
d. If a meeting is requested
If a meeting is requested, the Employer and the
Union shall hold a meeting within twenty (20) days of the filing of the
grievance. The purpose of the meeting is to allow the Union and the Employer
to freely present, receive and exchange information and their views on the
issue, and to try to resolve the grievance. If the Parties are unable to
resolve the grievance, the responding Party shall render a written decision
within twenty (20) days of receipt of the grievance or the final meeting on
the issue whichever is later.
Step 2. If the grieving party at the national level is not satisfied
with the decision and wishes to pursue the grievance to arbitration, it must
notify the responding party at the national level by certified mail within
thirty (30) calendar days following receipt of the decision or the date the
answer was due
Section 12. At least once quarterly, and more often if mutually agreed
to, the Union�s Regional Director, or his/her designee, the Air Traffic
Manager, or his/her designee and the regional labor relations contact, or
his/her designee, shall meet to discuss and attempt to resolve pending
grievances. The Union representative shall be in a duty status if otherwise in
a duty status, including travel time. Watch schedules may be adjusted. Travel
and per diem expenses for the Regional Director or his/her designee shall be
authorized for one (1) meeting per quarter, under this Article. Appropriate
means shall be used to determine timeliness under this Step. The responding
party at the regional level shall confirm the resolution of any grievance
reached at this meeting, in writing, to the grieving party�s regional
representative within ten (ten) calendar days of the meeting. Unless mutually
agreed to otherwise, all request/responses in this Step shall be in writing.
Section 13. Arbitration:
a. The parties shall create a panel of at
least three (3) mutually acceptable arbitrators in each FAA region. In
addition, a national panel of three (3) mutually acceptable arbitrators
shall also be selected by the Parties. An arbitrator may either be mutually
selected by the Parties from the panel or by alternately striking names
until one (1) remains. Either Party may unilaterally remove an arbitrator
from the panel and another arbitrator shall be mutually selected to fill the
vacancy. If a hearing is not scheduled within twelve (12) months of the
final decision the grievance is void. An extension of time limits may be
mutually agreed upon.
b. The arbitrator shall conduct the arbitration hearing as promptly as
practicable on a date and at a site mutually agreeable to the Parties. The
grievant and/or the Union Representative, if an employee of the FAA, shall
be given a reasonable amount of official time to present the grievance. The
Union advocate, if an employee of the FAA, shall be granted eight (8) hours
of official time for preparation for the hearing. FAA employees who are
called as witnesses shall remain in a duty status if already in a duty
status. Management agrees to adjust the schedules of witnesses to allow them
to appear in a duty status. Each Party shall bear the expense of its own
witnesses who are not employed by the FAA, or who are not located at the
arbitration hearing location. The arbitrator shall submit his/her report to
the Parties as soon as possible, but in no event later than thirty (30)
calendar days following the close of the record, unless the Parties waive
this requirement. The decision of the arbitrator shall be considered final
and binding but may be excepted to or appealed in accordance with law, rule,
or regulation.
c. The Parties shall share equally in the costs associated with each
arbitration and any transcription service. Additional copies of transcripts
may be obtained at the requesting Party�s expense.
d. The arbitrator shall not in any manner or form whatsoever directly or
indirectly add to, detract from, or in any way alter the provisions of this
Agreement. The arbitrator shall confine him/herself to the precise issue
submitted for arbitration and shall have no authority to determine any other
issue not submitted to him/her.
e. Questions as to whether or not a grievance is on a matter subject to the
grievance procedure, or is subject to arbitration under that procedure,
shall be submitted to the arbitrator as a threshold issue.
f. The Parties at the national level may mutually agree to stipulate as to
the facts and the issue in a particular case and submit these directly to an
arbitrator for a decision without a formal hearing. In this event, all
arguments will be made by written brief.
g. At least seven (7) days prior to the hearing date, each Party shall
provide a list of potential witnesses and the subject (bullet statement) of
their testimony.
h. To the maximum extent possible, the Parties intend for arbitration
hearings to focus on the merits of the issue(s) in the grievance. To that
end, the Parties� advocates are encouraged to discuss preliminary procedural
issues such as arbitrability, timeliness, and witness necessity in advance.
As necessary, the arbitrator may be asked by either party to conduct a
pre-hearing conference to assist in resolving such matters.
Section 14. Expedited Arbitration:
a. If the Union at the national level elects
to process a disciplinary/adverse action under this Section, rather than
Section 10, it shall within twenty (20) calendar days following the
effective date of the disciplinary/adverse action, notify the regional labor
relations contact of its intent to proceed under this Section and advise the
Director, Office of Labor and Employee Relations, that it desires the matter
be submitted directly to expedited arbitration. Within seven (7) calendar
days after receipt of the request, an arbitrator shall be selected from the
national or regional panel by the Parties or by alternately striking names
until one (1) remains. An arbitrator unable to hear an expedited arbitration
case within seven (7) calendar days shall be deemed unavailable and the next
arbitrator in turn will be selected. The hearing shall be conducted as soon
as possible. The arbitrator shall issue a decision to the representatives of
each party as soon as possible but no later than twenty-one (21) calendar
days after the hearing has been held. The necessity for transcripts or
filing of briefs shall be determined on a case-by-case basis. The election
of either Party to request a transcript and/or file a post hearing brief
shall not delay the time frame for the arbitrator to render his/her
decision.
b. In cases other than disciplinary/adverse actions, either Party at the
national level may refer a particular grievance to expedited arbitration in
lieu of the normal arbitration process in this procedure. The Parties shall
meet and select an arbitrator from the national or regional panel or by
alternately striking names. The hearing shall be conducted as soon as
possible and shall be informal in nature. There shall be no briefs, no
official transcripts, no formal rules of evidence, and the arbitrator shall
issue a decision to the representatives of each party as soon as possible,
but no later than five (5) calendar days after the official closing of the
hearing unless otherwise agreed between the Parties. Determinations as to
whether expedited arbitration shall be utilized in cases other than
disciplinary/adverse actions shall be based on the facts and circumstances
of each case; however, only those grievances where the passage of time would
preclude a remedy or result in irreparable harm are subject to this
expedited procedure. Disagreements as to whether a grievance is appropriate
for this expedited procedure shall be referred to the arbitrator for
decision.
Section 15. In the handling of
grievances under this procedure and where law and OPM regulations permit, the
union shall have access to such information as is relevant and necessary to
the processing of the grievance.
Section 16. Oral arguments shall conclude the arbitration hearing.
Written briefs shall not be used in arbitration hearings unless specifically
requested by either Party.
Section 17. The Parties retain their rights under 5 U.S.C. 7122 and
7123.
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