PURPOSE AND OBJECTIVES OF THE AGREEMENT Article 1 Section 1 "The Congress finds that - (1) Experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them - (A) safeguards the public interest, (B) contributes to the effective conduct of public business, and (C) facilitates and encourages the amicable settlement of disputes between employees and their employers involving conditions of employment; and (2) The public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government. Therefore, labor organizations and collective bargaining in the civil service are in the public interest." Article 1 Section 2 -- The Union and the Employer agree that mutual goals can best be achieved through understanding and cooperation in collective bargaining. The Employer agrees that the Union is entitled to the rights granted to a Union holding exclusive recognition as outlined in 5 USC Chapter 71. Article 1 Section 3 -- It is also the intent and purpose of the Union and Employer that this Agreement will accomplish the following objectives: a. Define the complete agreement between the parties and specify certain rights and responsibilities of the parties hereto. b. To state policies, methods and procedures which govern working relationships and to identify subject matter of proper mutual concern to the parties hereto. c. To provide for employee participation in the formulation and implementation of personnel policies and practices affecting the conditions of their employment. d. To facilitate the adjustment of grievances, complaints, disputes, and differences relating to matters deemed appropriate under 5 USC Chapter 71. e. To promote and improve the morale of bargaining unit employees. f. To promote better working conditions including environment, health and welfare. PARTIES TO THE AGREEMENT Article 2 Section 1 -- This Agreement is made under the authority of the Civil Service Reform Act of 1978, and is entered into by and between the National Association of Air Traffic Specialists, hereinafter referred to as the Union and the Federal Aviation Administration, Department of Transportation, hereinafter referred to as the Employer. Article 2 Section 2 -- In the administration of this Agreement, the Employer is identified as any element of management who exercises direct or indirect supervision over members of the bargaining unit. This includes, but is not limited to, the following officials or their designees: The Administrator; Associate Administrator for Air Traffic; Regional Administrators; Regional Air Traffic Division and Branch Managers; Air Traffic Facility Managers; Air Traffic Hub Managers; Assistant Air Traffic Managers; Area Managers; Area Supervisors; Training Specialists; Assistant Managers, Training; Assistant Managers, Plans and Procedures; and Assistant Managers, Automation. Article 2 Section 3 -- The Employee is identified as any member of the bargaining unit. Article 2 Section 4 -- The Union includes, but is not limited to, the following officials or their designees: The President; Executive Vice President; Executive Director; National Officers; members of the Board of Directors; Regional Coordinators; Facility Representatives; Hub Representatives; the Legal Counsel of the Union; and other representatives designated by the Union. Article 2 Section 5 -- Collectively, the Employer and the Union shall be known as the Parties. RECOGNITION Article 3 Section 1 -- The Employer recognizes the Union as the exclusive bargaining representative for all Air Traffic Control Specialists, including Automation Specialists and students at the FAA Academy, assigned to the flight service option. All other staff and supervisory positions are excluded from the unit. Article 3 Section 2 -- In the event the certification of representative is amended to include other employees, those employees shall be covered by this Agreement. Other employees for whom the Union may be certified as the representative shall be covered by a separate agreement. UNION REPRESENTATIVES AND RIGHTS Article 4 Section 1 -- The Union may designate Facility Representatives for each facility. The Union may designate Nonresident Facility Representatives. The Union may designate one representative and one designee for each team, crew, or group, as appropriate in each facility. On each tour of duty, the Union may designate one representative to deal with first and second level supervisors. At the tour representative's option, he/she may designate an alternate to act on his/her behalf in dealing with first and second level supervisors. In addition, the Union shall designate in writing one principal representative at each facility. Normally, the Union shall designate in writing an alternate to deal with the Air Traffic Manager in the absence of the principal representative. Only the principal representative and/or his/her designee may deal with the Air Traffic Manager. The Union may also designate Hub Representatives. Article 4 Section 2 -- When the Union designates a Nonresident Facility Representative, he/she shall be afforded the same rights as a resident Facility Representative. His/her availability under this Agreement is subject to the operational requirements of the facility at which he/she is employed. A Nonresident Facility Representative is entitled to official time to perform Facility Representative duties but is not entitled to official time for travel or to travel and per diem allowances. The management representative assigned to the facility at which the Union has designated a Nonresident Facility Representative shall deal with the Nonresident Facility Representative in person, via telephone, by letter or otherwise mutually agreeable methods. Provisions of this section shall also apply to Hub Representatives. Article 4 Section 3 -- During meetings between the Air Traffic Manager, and/or his/her designee and the principal Union representative and/or his/her designee, if such representative desires, he/she may be accompanied by one other representative. If there are more than two management representatives present, the Union may have an equal number of representatives. Article 4 Section 4 -- The Employer agrees to deal at the national level with the Executive Director of the Union or with his/her designee. The Union shall make such designation in writing to FAA Headquarters. Article 4 Section 5 -- The NAATS Regional Director and the FAA Regional Administrator shall meet annually. The normal point of contact at the regional level shall be the Air Traffic Division Manager and/or the Labor Relations Branch Manager. Article 4 Section 6 -- The Union representatives specified in the above sections of this Article are the only individuals authorized to represent the Union in dealings with FAA officials at the respective levels specified in this Article. Article 4 Section 7 -- The principal Facility Representative and/or his/her designee shall be granted official time to deal with the Air Traffic Manager and/or his/her designee. Such meetings shall be held at mutually agreeable times. Article 4 Section 8 -- The Union's national and regional representatives shall be permitted to visit air traffic field facilities of the Employer at any time. Arrangements for visits should be made in advance. Article 4 Section 9 -- Once annually, after the initial contract training year, principal Facility Representatives or their designees, Hub Representatives, Regional Coordinators, and Regional Directors, shall be granted excused absence for 2 workdays to receive information, briefings, or orientation by the Union and/or Employer relating to the federal labor relations program. Such meetings may be held locally, regionally, or nationally. The Union shall submit an agenda for meetings under this Article to the appropriate official. Determinations as to whether an individual can be spared from duty shall be made by the Employer, based solely on operational requirements. Every reasonable effort shall be made to allow these representatives to attend this training. Article 4 Section 10 -- A Facility Representative shall be granted 1 hour of official time on an individual basis to explain the role and responsibilities of the Union to each new facility employee. This time shall be granted during the orientation session of the new employee or in cases where the Union's representative is unavailable during the time of the session, the time shall be granted within the first 5 days of the employee reporting to the new facility unless otherwise requested by the Union. Article 4 Section 11 -- Once during the term of this Agreement, principal Facility Representatives or their designees, Hub Representatives, Regional Coordinators, and Regional Directors shall be granted 2 workdays of excused absence to receive orientation on the meaning of articles of this Agreement. In the event any of these representatives are officially replaced, his/her successor shall likewise be granted 2 workdays of excused absence to receive orientation on the meaning of the articles of this Agreement. Article 4 Section 12 -- Official Time for Union Representatives a. Provided he/she can be released from duty, each principal Facility Representative and Hub Representative shall, on request, be granted the following amounts of official time per pay period to perform representational duties. No overtime shall be paid under this Section. When operational requirements permit, the Air Traffic Manager may allow the time identified in this Subsection to be utilized away from the facility. Hub Representatives may request up to 4 hours per pay period. Other Facility Representatives may request: (1) Up to 4 hours in facilities with 1-10 bargaining unit employees; (2) Up to 8 hours in facilities with 11-25 bargaining unit employees; (3) Up to 10 hours in facilities with 26-40 bargaining unit employees; and (4) Up to 12 hours in facilities with over 40 bargaining unit employees. b. Provided he/she can be released from duty, each Regional Coordinator shall, on request, be granted up to 8 hours of official time per pay period to perform representational duties. No overtime shall be paid under this Section. c. Provided he/she can be released from duty, each Regional Director shall, on request, be granted up to 32 hours of official time per pay period to perform representational duties. No overtime shall be paid under this Section. When operational requirements permit, the Air Traffic Manager may allow the time identified in this Subsection to be utilized away from the facility. Article 4 Section 13 -- When carrying out a responsibility under this Agreement, a Union representative shall be accorded the same status as the corresponding level of management. Article 4 Section 14 -- Union representatives shall not be required to disclose communications with members of the bargaining unit which occurred during the performance of representational duties. EMPLOYEE RIGHTS Article 5 Section 1 -- Each employee of the bargaining unit has the right, freely and without fear of penalty or reprisal, to form, join, and assist the Union or to refrain from any such activity, and each employee shall be protected in the exercise of this right. Except as otherwise expressly provided in the Civil Service Reform Act, (P.L. 95-454), the right to assist the Union extends to participation in the management of the Union and acting for the Union in the capacity of Union Representative, including presentation of its views to officials of the Executive Branch, the Congress or other appropriate authority. The Employer shall take the action required to assure that employees in the bargaining unit are apprised of their rights under P.L. 95-454 and that no interference, restraint, coercion, or discrimination is practiced within the FAA to encourage or discourage membership in the Union. Article 5 Section 2 -- An employee's off-the-job conduct shall not result in disciplinary action, unless such conduct clearly hampers his/her effectiveness as an employee or affects the public's confidence in the FAA. However, the Employer recognizes the right of a duly recognized Union representative to express the views of the Union. Article 5 Section 3 -- No employee shall have disciplinary action taken against him/her because of an occasional debt complaint, and the Employer shall not assist the creditor in collecting the debt. However, if an employee has an established pattern of debt complaints or fails to honor an acknowledged valid debt or a claim based on a court judgment, action may be taken. Article 5 Section 4 -- Employee participation in charitable drives and in U.S. Savings Bond campaigns is voluntary. Solicitations may be made, but no pressure shall be brought to bear to require such participation. Article 5 Section 5 -- FAA conflict of interest regulations on aviation employment shall be uniformly administered throughout the air traffic option. Article 5 Section 6 -- The Employer agrees that, except where there is reasonable cause to suspect criminal activity, management shall not enter lockers unless the employee or a Union representative has been given the opportunity to be present. Article 5 Section 7 -- Formal counseling of employees shall be away from the hearing and, where practicable, the view of other employees. Article 5 Section 8 -- FAA nepotism policies shall be uniformly administered throughout the bargaining unit. In those instances where a bargaining unit employee holds or accepts a position in another facility, and the spouse is also a member of the bargaining unit, the Employer shall provide priority consideration to the spouse for ingrade reassignment to other bargaining unit vacancies at that facility or nearby facility. In that such moves are primarily for the convenience or benefit of the employee, travel and transportation costs shall not be allowed for the spouse. Article 5 Section 9 -- The Employer shall not take or fail to take any personnel action in respect to any employee as a reprisal for the exercise of any appeal right granted by law, rule, regulation, or the terms of this Agreement. Article 5 Section 10 -- The Employer agrees that employees shall be protected against reprisal for the lawful disclosure of information which the employee reasonably believes evidences a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. However, employees are not protected against the disclosure of classified information or records covered by the Privacy Act. Article 5 Section 11 -- Employees covered by this Agreement shall have the protection of all rights to which they are entitled by the Constitution of the United States. Article 5 Section 12 -- An employee cannot be disciplined for invoking his/her Fifth Amendment privilege against self-incrimination in refusing to answer questions. However, the employee can be disciplined for refusing to answer if he/she has been adequately informed that his/her replies, and information derived from the replies, cannot be used against him/her in a criminal case. Article 5 Section 13 -- This Agreement is an official agency document and reading it in operational areas is permitted when it does not interfere with operational requirements. Discussion of union-related issues in operational areas shall not be treated differently from discussions about other non-operational issues. Article 5 Section 14 -- Radios, television sets and news publications provided by bargaining unit employees shall be permitted in designated non-work areas at all flight service facilities for use during non-work times. Article 5 Section 15 -- In the performance of his/her official duties, the employee is entitled to all the protections of the ``Federal Employees Liability Reform and Tort Compensation Act of 1988,'' (P.L. 100-694) regarding liability for damages, loss of property, personal injury, or death caused by the negligent or wrongful act or omission of the employee. MANAGEMENT RIGHTS Article 6 Section 1 -- 5 USC 7106 states: (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency -
(b) Nothing in this section shall preclude any agency and any labor organization from negotiating -
NONDISCRIMINATION Article 7 Section 1 -- The Union and Employer agree there shall be no discrimination against employees because of race, color, creed, religion, national origin, handicap, sex, age or marital status. Article 7 Section 2 -- The Employer shall make every reasonable effort to ensure employees are provided a working environment free from sexual harassment. Article 7 Section 3 -- The Employer shall not discriminate against Union representatives in the responsible exercise of their right to serve as representatives for the purpose of collective bargaining, handling grievances and appeals, furthering effective labor-management relationships or carrying out any responsibilities assigned by this Agreement. Article 7 Section 4 -- The Employer and the Union reaffirm their commitment to the principles of EEO, and to that end, agree to support a positive program which has as its objective the realization of that commitment. Article 7 Section 5 -- The Parties agree to establish a national EEO committee with equal representation, not to exceed 3 from each Party, to meet annually, and more often by mutual agreement. The committee will review the Parties' policies and practices. To the extent permitted by law and regulation, the Employer shall provide all information which is relevant and necessary for the proper functioning of the committee. All members of the committee shall be on official time. DUES WITHHOLDING Article 8 Section 1 -- Payroll deduction for the payment of Union dues shall be made from the pay of members in the unit who voluntarily request such dues deductions and who are bona fide members of the Union in good standing. Article 8 Section 2 -- The Union shall be responsible for purchasing Standard Form (SF) 1187, for the proper completion and certification of the forms, and for transmitting them to the appropriate payroll office. Management will supply the Union with an adequate supply of SF-1188. The Union shall be responsible for informing and educating its members about the program. Article 8 Section 3 -- A SF-1187/1188, properly completed and signed, shall be provided to the appropriate payroll office by the Union. The form must be received in the payroll office at least 4 days prior to the beginning of the pay period in which the deduction is to begin/end. Article 8 Section 4 -- The Union agrees to give prompt, written notification to the appropriate payroll office in the event an employee participating in the dues deduction program ceases, for any reason, to be a member in good standing, in order that the employee allotment may be terminated. Article 8 Section 5 -- An employee who has authorized the withholding of Union dues may request revocation of such authorization after 1 year by completion and submission of SF-1188 to the appropriate Facility Representative. Upon receipt of a valid revocation form completed and signed by an employee, from the Union, the payroll office shall discontinue the withholding of dues from the employee's pay effective only with the first full pay period which begins after the following March 1. The payroll office shall notify the Union at the national level in writing of all such revocations received within 10 days following the date of revocation. Article 8 Section 6 -- The amount of national dues to be withheld under this Article shall be the regular dues of the member as specified on the member's SF-1187 or as certified by the Union if the amount of regular dues has been changed as provided in Section 7 of this Article. A deduction of regular national dues shall be made each pay period from the pay of an employee who has requested such allotment for dues. It is understood that no deduction for dues shall be made in any pay period for which the employee's net earnings after other deductions are insufficient to cover the full allotment of dues. Article 8 Section 7 -- If the amount of regular national dues is changed by the Union, the Union shall notify the Director, Office of Labor and Employee Relations, in writing and shall certify as to the new amount of regular national dues to be deducted each pay period. New SF-1187 authorization forms shall not be required. Changes in the amount of Union dues for payroll deduction purposes shall not be made more frequently than once in each 12 month period. Article 8 Section 8 -- The issuance of a check for the total amount deducted shall be authorized by the appropriate payroll office. The check shall be made payable to the National Association of Air Traffic Specialists, Inc., and mailed to their headquarters not later than 10 working days after the close of each pay period. With each check, the Union shall be provided with a list showing the names of employees, the amount deducted for dues for each employee, and the amount remitted by the accompanying check. Administrative errors in remittance checks shall be corrected and adjusted in the next remittance check to be issued to the Union. Article 8 Section 9 -- All deductions of dues provided for in this Article shall be automatically terminated upon processing of a SF-50 separating an employee from the bargaining unit (reference Article 38). The Employer shall be responsible for notifying the appropriate servicing payroll office promptly when one of these actions occurs. When an employee is reassigned from one servicing payroll office to another, his/her national dues shall continue to be deducted without interruption. Article 8 Section 10 -- Employees should inform their immediate supervisor promptly if their dues withholding status is not accurately reflected on their payroll statement. If dues are improperly withheld from an employee, and the Employer reimburses the employee for the error, the Union shall in turn reimburse the Employer when notified of the error, minus the Union's expenses expended on behalf of the employee. Article 8 Section 11 -- Within 12 months of the effective date of this agreement, in addition to the allotments permitted by DOT/FAA Order 2730.11A, the Employer shall permit employees to voluntarily designate 2 allotments from their pay for programs sponsored by the Union provided said allotments are for a lawful purpose as permitted by 5 CFR 550.311(b). UNION/MANAGEMENT RELATIONSHIP Article 9 Section 1 -- The Parties have negotiated a comprehensive national agreement that constitutes the entire agreement between them. No separate local or regional supplemental agreements are authorized. Article 9 Section 2 -- It is agreed that personnel policies, practices and matters affecting working conditions, not specifically covered by this Agreement, shall not be changed by the Employer without prior notice to, and negotiation with the Union. Article 9 Section 3 -- In the event the Employer at the local or regional level proposes to change a personnel policy, practice or matter affecting working conditions not covered by this Agreement, notice shall be provided to the Union at the corresponding level. The Union shall have 30 calendar days to request a meeting and/or bargaining regarding the change, unless operational necessity requires a shorter notice period. If the Union does not serve such a request within this time period, management may implement the change as proposed. If the Union requests bargaining, a bargaining session will be held within 14 calendar days. If instead the Union requests a meeting without bargaining, a meeting will be held within 14 calendar days. The Union must then submit proposals within 14 calendar days after the end of the meeting. The Employer will not implement any changes prior to the conclusion of negotiations, unless there is compelling need to do so, as defined by the Federal Service Labor-Management Relations Statute (5 USC Chapter 71). Article 9 Section 4 -- If after a good faith effort to reach agreement a dispute still exists after 14 calendar days the issue shall be referred to the next appropriate level in writing. In the case of a dispute concerning a proposed change at the local level, the issue shall be referred to the regional level. In the case of a dispute concerning a proposed change at the regional level or a local issue referred to the regional level, the issue shall be referred to the national level for final disposition. If the Parties fail to reach agreement at the national level they retain the right to initiate action through 5 USC 7119 (``Negotiation impasses; Federal Service Impasses Panel''). Any disputes referred from the regional level or below shall be resolved by the Parties at the national level as expeditiously as possible. Article 9 Section 5 -- In the event the Employer proposes to change a national personnel policy, practice or other matter affecting working conditions, the Employer shall provide the Union written notice of the proposed change. The Union shall have 30 calendar days to request a meeting and/or bargaining regarding the change, unless operational necessity requires a shorter notice period. If the Union does not serve such a request within this time period, management may implement the change as proposed. If the Union requests bargaining, a bargaining session will be held within 14 calendar days. If instead the Union requests a meeting without bargaining, a meeting will be held within 14 calendar days. The Union must then submit proposals within 14 calendar days after the end of the meeting. If after a good faith effort agreement cannot be reached, the Parties shall pursue dispute resolution in accordance with 5 USC 7119. The Employer will not implement any changes prior to the conclusion of negotiations, unless there is compelling need to do so, as defined by the Federal Service Labor-Management Relations Statute. Article 9 Section 6 -- Time frames in this Article can be changed by mutual agreement of the Parties. REGIONAL QUARTERLY MEETING Article 10 Section 1 -- Meetings at the regional level shall be arranged at least quarterly. The dates, times and locations of these meetings shall be arranged by mutual agreement. The attendees shall consist of no more than 5 representatives designated by the Union and no more than 5 management representatives designated by the regional Air Traffic Division Manager and/or the Labor Relations Branch Manager. In addition, the Parties may mutually agree to include observers. Article 10 Section 2 -- Union representatives and staff members not employed by the FAA are authorized to participate in these meetings. Article 10 Section 3 -- Meetings under this Article shall normally be held during administrative hours Monday through Friday. Watch schedules shall be adjusted to accommodate the representatives and observers stipulated in this Article to participate in meetings on official time. The 5 Union attendees will be authorized reasonable official time, normally not to exceed 8 hours, for travel each way to these meetings. Use of privately owned vehicles (POV) by these attendees is permissible. The Parties shall pay their own travel expenses incurred in connection with these meetings, however, this statement shall not preclude any region from paying these expenses, for any or all participants at these meetings. Article 10 Section 4 -- Either Party requesting a meeting under this Article shall normally submit an agenda to the other Party at least 10 days before the meeting. The Parties will inform each other of their participants. Article 10 Section 5 -- The Union may present independent studies, reports and its views to the Employer on any matter of concern to employees in the bargaining unit. NAMES OF EMPLOYEES AND COMMUNICATIONS Article 11 Section 1 -- The Air Traffic Manager shall notify the Union's Facility Representative promptly, in writing, when an employee is hired, transferred, reassigned to another facility, is placed on extended sick leave, detailed, resigns, retires or dies. Article 11 Section 2 -- The Employer, at the national level, shall furnish to the Union, semi-annually, a listing by facility of the name, title and grade of each employee covered by this Agreement, in accordance with the Privacy Act. Home addresses of these employees will be provided semi-annually if determined appropriate by the United States Supreme Court. Until a Supreme Court resolution, the Employer agrees at those facilities without a resident facility representative to distribute via interoffice mail union literature addressed to bargaining unit employees at the facility. Article 11 Section 3 -- Each employee shall be furnished each pay period a written statement showing pay, deductions, leave status, and other information in a manner which protects the privacy of this information. RECRUITING MEMBERS Article 12 Section 1 -- Recruiting of employees for membership in the Union shall be conducted during the non-work time of the employees. Distribution of Union literature by employees shall be permitted during non-work time in non-work areas. Internal Union business shall be conducted on non-duty time. USE OF EMPLOYER'S FACILITIES Article 13 Section 1 -- The Employer shall provide accessible bulletin board space for the posting of Union material at air traffic facilities within the unit. This shall apply even if none of the employees at the facility are members of the Union. There shall be no restrictions on the content of publications or announcements placed on the Union's bulletin boards by the Union. Posted materials shall not be removed by the Employer. The Parties recognize that the posting of scurrilous and inflammatory material is prohibited. Material shall be posted during non-work time. Article 13 Section 2 -- The Employer shall approve the Union's use of facility space at no cost to the Union for periodic meetings with employees in the unit, provided the space requested is available, and the use of the space does not interfere with operational/training requirements for the facility. These meetings shall take place during the non-duty hours of the employees involved. Article 13 Section 3 -- When a Union representative is excused from duty to carry out his/her responsibilities and/or exercise any right provided under this Agreement, if requested, every effort shall be made by the Employer to provide meeting space that will protect the confidentiality of any discussion. Article 13 Section 4 -- In facilities where suitable shelf space is available in non-work areas, the Union shall be permitted to use such shelf space as a library for Union-acquired publications. Article 13 Section 5 -- In facilities where unused suitable space is available in non-work areas, the Union shall be permitted to use such space for the placement of file cabinets or other similar containers. File cabinets or similar containers may be made available by the Employer. Any Union-supplied equipment shall reasonably conform to the decor of the building. The Employer reserves the right to withdraw from such space arrangements whenever the space is required. Article 13 Section 6 -- Bulletin board privileges are the exclusive right of the Union and shall not be extended to any other labor organization, unless specifically approved by the Union at the National level. Article 13 Section 7 -- The Employer shall provide lockers for all employees. Article 13 Section 8 -- The Parties recognize the desirability of adequate eating facilities. Additionally, the Parties recognize that the availability of such facilities may be dependent upon a number of factors including availability of space, funds and the terms of the lease at the local facility. To the extent that these various factors will allow, the Employer agrees to make every reasonable effort to provide adequate and suitably-equipped eating facilities. UNION PUBLICATIONS Article 14 Section 1 -- Where space is available, the Employer shall permit the Union to install an acceptable mail receptacle in a place designated by the Air Traffic Manager. The Union may send by U.S. mail to the principal Facility Representative, at the facility address in bulk form its monthly newsletter, memoranda and other mail. The Employer assumes no responsibility for such mail. Article 14 Section 2 -- The Union may place literature in the mail slot/boxes of bargaining unit employees during non-work times. Article 14 Section 3 -- The Employer shall provide mail slot/boxes for all employees. LEAVE WITHOUT PAY FOR UNION OFFICIALS Article 15 Section 1 -- Union officials who are elected or appointed to serve in an official capacity as a representative of the Union shall be granted, upon request, leave without pay concurrent and consistent with elected terms of office or appointment. Each request by an employee for such leave without pay shall be for a specified period and shall be certified by the national office of the Union. Article 15 Section 2 -- Upon completion of a period of leave without pay granted under Section 1 of this Article, the Union official shall be returned to duty at the flight service facility to which he/she was assigned prior to his/her assuming leave without pay status. In the event there is a reduction-in-force at that flight service facility while the Union official is in a leave without pay status, the Union official's future duty status and duty location shall be determined in accordance with Article 60 of this Agreement. By mutual agreement between the Union official and his employing FAA region, he/she may be returned to a duty station other than the duty station to which he/she was assigned prior to his/her assuming leave without pay status. Article 15 Section 3 -- Upon written notice to the Employer that need for leave without pay granted under Section 1 of this Article has ended, Union officials shall be permitted to return to duty pay prior to the termination date of their leave without pay status. Such request for return to duty shall be certified by the national office of the Union. Article 15 Section 4 -- An employee who is placed on leave without pay while acting in an official capacity on behalf of the Union shall be entitled to all benefits, including continued participation in the federal retirement program, in accordance with applicable laws and regulations. UNION BOARD OF DIRECTORS, NATIONAL AND REGIONAL MEETINGS Article 16 Section 1 -- Each national officer, Regional Director, Regional Coordinator, Facility Representative and Hub Representative, or their designee shall be granted annual leave to attend up to 2 national membership meetings of the Union annually. Each such officer, Regional Director, Regional Coordinator, Facility Representative, Hub Representative, or their designee desiring annual leave shall notify his/her Air Traffic Manager in writing at least 6 weeks in advance of the date on which annual leave to attend the meeting will begin, setting forth the dates and amount of leave desired. However, when more than one Union official covered by this Article is located at the same facility, the annual leave entitlement in this Section shall apply to up to 2 officials in AFSSs and 1 official in FSSs. The granting of leave to other Union official(s) shall be governed by Section 3. Article 16 Section 2 -- National officers, Regional Directors and Regional Coordinators shall be granted annual leave to attend up to 4 national Union Board of Directors meetings each calendar year. Each national officer, Regional Director or Regional Coordinator desiring such annual leave shall notify his/her Air Traffic Manager in writing at least 3 weeks prior to the date the annual leave will commence, setting forth the dates and amount of leave desired. However, when more than 1 Union official covered by this Article are located at the same facility, the annual leave entitlement in this Section shall apply to up to 2 officials in AFSSs and 1 official in FSSs. The granting of leave to other Union official(s) shall be governed by Section 3. Article 16 Section 3 -- Leave requests by other union officials not covered by Section 1 and Section 2 of this Article shall be handled under a liberal annual leave policy. Every reasonable effort shall be made to grant this leave. Article 16 Section 4 -- Employees who do not have a sufficient annual leave balance to cover annual leave requested under this Article may be advanced annual leave not to exceed that which they will earn during the remainder of the current leave year. No annual leave will be granted under this Article in excess of this amount. At the employee's request, leave without pay shall be granted instead of annual leave. Article 16 Section 5 -- Upon request, annual leave shall be granted to Facility Representatives to attend regional meetings of the Union. No more than 2 requests for annual leave under this Section shall be granted each calendar year. When such meetings are planned, the Regional Director shall notify the Manager, Labor Relations Branch, of the region involved at least 4 weeks prior to the date of the meeting. The notification shall be in writing and shall contain the date of the meeting, names and facility location of the representatives for whom leave is requested, and the approximate duration of the meeting. PRINTING OF THE AGREEMENT Article 17 Section 1 -- The Employer shall print this Agreement in booklet form and distribute a copy to each employee in the unit. New employees shall be supplied with a copy as they are hired. The Employer shall also provide 1,000 copies to the national office of the Union. EMPLOYER PUBLICATIONS Article 18 Section 1 -- The national office of the Union shall be provided a copy of all FAA flight service operational and administrative orders and notices, and all FAA orders and notices which relate to personnel policies, practices and working conditions of employees in the bargaining unit. The national office of the Union shall be placed on the Washington distribution lists for future issuances of such orders and notices. Article 18 Section 2 -- In each FAA region, the Union's Regional Director for that region shall be provided with a copy of that region's flight service operational and administrative orders and notices, and all of that region's orders and notices which relate to personnel policies, practices and working conditions of employees in the bargaining unit. The Union's Regional Director shall be placed on that region's distribution list for future issuances of such orders and notices. Article 18 Section 3 -- Upon request, each Hub Representative shall be provided with copies of all hub orders. ANNUAL LEAVE Article 19 Section 1 -- Annual leave shall be available for vacation purposes to each eligible employee of the bargaining unit to take at least 3 consecutive weeks leave during the year except when longer periods can be provided at the local level. This leave shall not be cancelled or rescheduled except for an operational emergency or at the request of the employee. In the event it becomes necessary for management to cancel leave, consideration will be given to any employee who has incurred pre-paid non-refundable expenses. Article 19 Section 2 -- The Employer recognizes the desirability of granting annual leave during prime vacation time and shall make every reasonable effort to grant 3 consecutive weeks to those employees who desire it. The Parties at the local level shall negotiate a method for resolving conflicting vacation leave requests. Article 19 Section 3 -- If an employee waives his/her right to schedule any or all of his/her vacation in prime time, it shall not be reinstated to the detriment of any other bargaining unit member. It is understood that an employee waiving any or all of his/her vacation in prime time is waiving it only for the time frame in the current leave year for which vacation is being scheduled. Article 19 Section 4 -- The Union Facility Representative shall establish prime vacation time periods at each facility. Multiple prime vacation time periods are permissible. Article 19 Section 5 -- The vacation schedule shall be prepared and approved prior to a date negotiated at the local level, but not later than March 1 of each year. Article 19 Section 6 -- Employees may be authorized the use of the leave that they are entitled to earn within a leave year at any time during that leave year. Article 19 Section 7 -- The beginning and/or ending of pay periods have no bearing on when annual leave is actually taken. Every reasonable effort shall be made to schedule annual leave to coincide with regular days off if the employee so desires. Article 19 Section 8 -- If annual leave is requested during any portion of the employee's workweek, the employee's watch schedule shall not be changed on the days preceding and following the approved annual leave unless agreed to by the employee. Article 19 Section 9 -- Annual leave requests not previously scheduled shall normally be approved or disapproved during the watch on which the request is made, except when the employee requests an immediate answer. Approval shall not be subject to conditional circumstances. If disapproved, and annual leave for that time period or any portion of that time period later becomes available, it shall be approved on a first-requested basis. Requests for leave not previously scheduled shall be recorded. If an employee desires a written decision on his/her leave request, the request shall be submitted on an SF-71. If the leave is denied, the reason for the denial shall be noted in the remarks section of the SF-71. Article 19 Section 10 -- The Employer shall not cancel approved annual leave to avoid the payment of overtime. Article 19 Section 11 -- Accrued annual leave may be carried over to the next leave year in accordance with applicable law and regulations. The Employer and employee shall schedule annual leave in order to avoid the forfeiture of such leave. Article 19 Section 12 -- Employees on annual leave who become sick shall have the right to convert the annual leave to sick leave, in accordance with applicable regulations. Article 19 Section 13 -- Annual leave, or LWOP when no annual leave is available, shall be granted to an employee to care for a diagnosed terminally ill member of the employee's immediate family. Medical documentation shall be provided upon the Employer's request. Article 19 Section 14 -- The provisions of this Article also apply to compensatory time. Earned compensatory time may be used in lieu of or in conjunction with annual leave. SICK LEAVE Article 20 Section 1 -- An employee shall earn sick leave in accordance with applicable law and regulations. Article 20 Section 2
Article 20 Section 3 -- There shall be no sick leave counseling based solely on the number of sick leave hours used. Article 20 Section 4 -- An employee shall not be required to furnish a medical certificate to substantiate a request for sick leave of 4 days or less. An employee shall be required to furnish a medical certificate for absences of more than 4 consecutive work days except that this requirement may be waived by the Employer in individual cases. If a physician was not consulted, a signed statement from the employee giving the facts about the absence, the treatment used, and the reasons for not having a physician's statement shall be accepted as supporting evidence by the supervisor. An employee who, because of illness, is released from duty, shall not be required to furnish a medical certificate for the day released from duty. Article 20 Section 5 -- In individual cases, where there is just and sufficient cause to believe the employee may be abusing sick leave, the employee shall be advised in writing of the reasons a medical certificate may be required for each subsequent absence. This letter shall remain in effect no longer than 6 months. If just cause continues to exist, an employee may be given advance written notice that he/she will be required for a period of time, not to exceed 6 months, to furnish such a certificate. When it has been determined by the Employer that the requirement is no longer necessary, the employee shall be notified and the previous notice(s) shall be removed from the records. Article 20 Section 6 -- Whenever an employee's request for sick leave is disapproved, he/she shall be given a signed written reason therefore if he/she so requests. Article 20 Section 7 -- Request for sick leave and individual sick leave records shall not be available or distributed as general information or publicized. Article 20 Section 8 -- Normal sick leave usage shall not be a factor for promotion, discipline, or other personnel action. Article 20 Section 9 -- Each employee shall be entitled to an advance of 30 days sick leave, for serious disability or ailment, except when:
Article 20 Section 10 -- The Employer shall arrange for transportation for a seriously ill or injured employee at work to a physician, medical facility or other employee designated location. The Employer shall be responsible for notification of the occurrence and location of the employee to the employee's family or designated party if requested by the employee. Article 20 Section 11 -- If management directs an employee to transport an ill or injured employee as specified in Section 10, the transporting employee shall be in a duty status and will receive all benefits and protections under the law. Article 20 Section 12 -- When an employee is unable to do so because of serious injury or illness, the Employer shall make every reasonable effort to assist the employee's family in filing appropriate documents for entitlements to the employee or the employee's family. JURY DUTY AND COURT LEAVE Article 21 Section 1 -- Performance of jury duty is considered a basic civic responsibility of all employees of the Agency. Although temporary loss of the employee's service may impair operating capabilities, the employee's civic duty is of overriding importance. Article 21 Section 2 -- An employee on court/jury duty leave shall be entitled to the same premium pay he/she would have received had he/she worked his/her regular shift. Employees assigned to night duty shall be granted court/jury duty leave on the days on which court duty is to be performed when attendance in court would cause them to lose time needed for rest. Employees released from court/jury duty early may be granted excused absence for the remainder of the workday. Article 21 Section 3 -- At the request of an employee who has been granted court/jury duty leave, his/her regular days off shall be changed to coincide with his/her court/jury duty service regular days off. This change of the employee's regular days off shall not entitle the employee to receive pay in excess of that authorized for his/her rescheduled tour of duty. Article 21 Section 4 -- When an employee is summoned as a witness in a judicial proceeding to testify in an unofficial capacity on behalf of any party where the United States, the District of Columbia, or any State or, local government is a party, in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the Republic of Panama, he/she is entitled to court leave during the time he/she is absent as a witness. When an employee is summoned or assigned by the Agency to testify in an official capacity on behalf of the United States Government or the Government of the District of Columbia, he/she is in an official duty status as distinguished from a leave status, and is entitled to his/her regular pay. An employee, not in an official capacity, who is summoned as a witness on behalf of a private party when a party is not the United States, the District of Columbia, or a State or local government, will be granted annual leave or leave without pay for his/her absence as a witness in accordance with agency regulations. LEAVE FOR SPECIAL CIRCUMSTANCES Article 22 Section 1 -- In the event of a death in an employee's immediate family, 40 hours bereavement leave (annual leave) shall be granted. For the purpose of this Agreement, immediate family is defined as the employee's father, mother, brother, sister, spouse, child, step-parent, step-child, step-sister, step-brother, foster child, common-law spouse, ward of the employee, grandparent, grandchild, aunt, uncle, father-in-law, mother-in-law, foster parent, foster sister, foster brother, and other persons either residing in the employee's household or with whom the employee resides. Article 22 Section 2 -- Requests for annual leave to observe the Sabbath, a special religious or ethnic holiday, or the employee's birthday shall be granted if operational requirements permit. Every reasonable effort shall be made to grant such leave. Article 22 Section 3 -- Unavoidable tardiness and brief absences of less than 1 hour may be excused when the affected employee provides the Employer with an acceptable explanation for the absence. PRENATAL/INFANT CARE Article 23 Section 1 -- When female employees request, they shall receive an uninterrupted period of leave not to exceed 6 months for prenatal/infant care needs. Article 23 Section 2 -- Subject to operational requirements, male employees shall be entitled to prenatal/infant care leave not to exceed 12 months. Subject to operational requirements, female employees shall be entitled to prenatal/infant care leave in addition to that taken under Section 1. The total entitlement under this Article shall be a maximum of 12 months per individual. Employees on prenatal/infant care leave under this Section are subject to recall to duty with 30 days notice, when unforeseen operational requirements necessitate a return to duty. Article 23 Section 3 -- During the period of leave under this Article, the employee may choose how and in what order such absence will be recorded: sick leave, annual leave, and/or LWOP, to the extent that annual leave and/or sick leave is available. Advance sick leave may not exceed 30 days. Federal regulations preclude male employees from using sick leave for infant/prenatal purposes, except as permitted under Article 20, Section 2c. Article 23 Section 4 -- During the period of leave under this Article, retirement and time-in-grade coverage will be continued to the extent permitted by applicable law and regulation. Article 23 Section 5 -- During the period of leave under this Article, health benefits and life insurance shall be continued to the extent permitted by law and regulation. Article 23 Section 6 -- The provisions of this Article shall apply to each instance of childbirth or infant adoption. EXCUSED ABSENCES Article 24 Section 1 -- During hazardous conditions, all employees who are unable to report for duty shall notify their facility as soon as possible. The Employer agrees that an employee who was unable to report for duty will be granted excused absence provided the employee provides an acceptable explanation or documentation, if available, which shows hazardous conditions prevented the employee from reporting to the facility. Article 24 Section 2 -- When the Employer determines hazardous conditions exist, on-duty bargaining unit employees who can be spared from duties shall be given excused absence. Article 24 Section 3 -- In making the determination to grant excused absence, the Employer should consider current information, state and local police reported road and highway conditions, news media and other reliable sources of information. Article 24 Section 4 -- When approved by the Employer, an employee shall be granted up to 4 hours of excused absence for the purpose of donating blood and/or blood platelets. Article 24 Section 5 -- The Parties agree that where voting polls are not open for 3 hours before or after working hours, an employee may be granted an amount of excused absence which will permit him/her to report for work 3 hours after the polls open or leave work 3 hours before the polls close, whichever requires the lesser amount of time off. Article 24 Section 6 -- To the extent operational requirements permit such accommodations, an employee whose personal religious belief requires the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements. Any employee who so elects such overtime work shall be granted equal compensatory time off from his/her scheduled tour of duty (in lieu of overtime pay) for such religious reasons. Article 24 Section 7 -- Up to 64 hours of excused absence may be granted to any employee who is involved in a permanent change of station. Article 24 Section 8 -- Bargaining unit employees who serve in the military reserve shall be granted up to 15 days of military leave a year per 5 USC 6323. Article 24 Section 9 -- Managers at facilities not in continuous operation shall insure that bargaining unit employees are provided with a procedure that establishes the method of notification if they are unable to report on the opening shift. Article 24 Section 10 -- At facilities routinely staffed by one specialist, the Air Traffic Manager and the Union representative shall negotiate procedures for the emergency shut-down of the facility. OVERTIME Article 25 Section 1 -- Employees shall be compensated for overtime work performed in accordance with applicable laws and regulations. Employees may request to receive compensatory time in lieu of overtime pay. Article 25 Section 2 -- The Air Traffic Manager shall maintain a roster of qualified bargaining unit employees who have indicated a desire to work overtime. When overtime work is to be performed, it shall first be made available to employees on this roster, on an equitable basis. In the event no employees on the roster are available, management may require other unit employees or employees outside the bargaining unit to work the overtime. The roster provided for in this Section shall be available to facility employees. Article 25 Section 3 -- If an employee assigned to work overtime can secure a qualified replacement, he/she shall be relieved of the assignment. If the employee cannot secure a qualified replacement, the employee shall work the overtime. An employee may be relieved of an overtime assignment when:
Article 25 Section 4 -- Annual leave may be granted to any employee regardless of whether or not overtime work is being performed at the time. Article 25 Section 5 -- Previously scheduled overtime shall not normally be cancelled without 7 days notice. However, if an employee cancels or returns from annual or sick leave, any overtime scheduled to cover that employee's absence may be cancelled without regard to the 7 days notice requirement. Article 25 Section 6 -- When an employee is assigned overtime work on his/her regularly scheduled day off, the assignment shall be made in accordance with appropriate FAA regulations and handbooks. Article 25 Section 7 -- When an employee is called in before or held over past his/her regularly assigned shift, he/she shall be assigned overtime hours of work in accordance with appropriate FAA regulations and handbooks. HOLIDAYS Article 26 Section 1 -- The following are legal, public holidays:
Any other legally declared federal holidays applicable to facilities in the bargaining unit. Article 26 Section 2 -- When a holiday falls on an employee's regular day off, the following days shall be observed in lieu of the actual holidays: SCHEDULED FIVE-DAY WORK WEEK
SCHEDULED FOUR-DAY WORK WEEK
Article 26 Section 3 -- To the extent that operational requirements permit, employees scheduled to work on actual established legal holidays or days observed in lieu of such holidays shall be given such days off if they so request. Nothing in this Section infringes upon the Employer's right to reduce holiday staffing consistent with Section 4 of this Article. Article 26 Section 4 -- A list of employees assigned to work actual holidays shall be posted at least 35 days in advance and these assignments, once posted, shall not be changed without the consent of the employees involved. Developmentals will be considered for holiday Work. However, when a federal holiday is declared with less than 35 days' notice, the list shall be posted as soon as practicable. Article 26 Section 5 -- Watch schedules on days in lieu of holidays shall not be changed to avoid payment of holiday pay. Specifically, employees qualified to work 1 or more positions and whose normal work schedule calls for them to perform operational duties shall not be placed on holiday leave on a day in lieu of a holiday without their consent. Article 26 Section 6 -- If the actual holiday falls in the middle of the employee's workweek, the Employer at an employee's request shall, if operational requirements permit, change the employee's regular days off to provide 3 days off in succession. COMPENSATION Article 27 Section 1 -- Provided all legal, regulatory and administrative requirements have been met, promotions shall be effected on the beginning of the first full pay period after the employee becomes fully eligible. Supervisors shall insure that the personnel office is advised sufficiently in advance to accomplish the promotion action to meet this requirement. Article 27 Section 2 -- With the exception of statutory salary increases authorized under the Federal Employees Pay Comparability Act (FEPCA) of 1990, when an employee becomes entitled to 2 pay changes at the same time, the changes shall be effected in the order which gives him/her the maximum benefit. WAGES Article 28 Section 1 -- Employees shall be paid in accordance with applicable laws, rules, FAA/DOT regulations and government-wide regulations. Article 28 Section 2 -- The provisions of Section 1 apply to, but are not limited to, the following: basic rate of pay, overtime pay, night differential pay, Sunday premium pay, holiday pay, operational differential pay, cost of living allowances (COLAs), and any and all other FAA/DOT initiated pay projects, if determined applicable to the flight service station option by management. WORKING HOURS Article 29 Section 1 -- The normal operational workday shall consist of 8 hours. The normal workday with no operational duties involved shall consist of 8 1/2 hours with 30 minutes allowed for a non-paid meal break. The normal workweek shall consist of 5 consecutive 8 hour days. Alternative work schedules (AWS) shall be allowed. Article 29 Section 2 -- Subject to the needs of the employees and the staffing and operational requirements of the facility, the Employer shall provide relief periods away from the positions of operation. The Air Traffic Manager shall negotiate with the Facility Representative to determine the procedures to be used in providing relief breaks away from positions of operation. First priority should be given to providing a reasonable amount of time away from the position of operation for meals. Article 29 Section 3 -- To the extent traffic volume and staffing levels within a facility on a given day permit, position assignments shall be rotated among the qualified employees. The Air Traffic Manager shall negotiate with the Facility Representative with respect to the rotational plan that the facility will normally follow. Article 29 Section 4 -- On changing to daylight savings time, the employee shall be afforded the opportunity to remain on duty for his/her normal length of shift. On changing from daylight savings time, the provisions of Article 25, Overtime, Section 7, do not apply. ALTERNATIVE WORK SCHEDULES Article 30 Section 1 -- The Parties recognize there are various alternative work schedules currently authorized at the national level. Article 30 Section 2 -- The Parties at the local level are free to negotiate and implement any of the alternative work schedules that have been approved at the national/division level. An alternative work schedule negotiated at the local level must assure that there is no negative impact on watch coverage or overtime requirements. PWB EVALUATION RECORDING Article 31 Section 1 -- Management personnel evaluating members of the bargaining unit by phone or in person shall, after conducting the evaluation, state to the employee that they have been evaluated. Article 31 Section 2 -- Telephone and radio pilot weather briefing (PWB) evaluations administered by management personnel outside the facility shall be recorded. If the PWB evaluation is rated unsatisfactory, and if the employee requests, the employee involved shall be allowed to review the recording or a certified true transcript of the recording. The parties recognize that any PWB evaluation from outside the facility that is not recorded or those where no recording exists, will not be used as the basis for any action against the employee. Article 31 Section 3 -- Prior to conducting full or follow-up facility evaluations from outside the facility, the Union at the regional level, shall be notified of the locations, types and number of evaluations to be conducted. The Facility Representative shall be given a copy of the final evaluation report at the time the report is given to the facility manager. Article 31 Section 4 -- Prior to conducting full facility evaluations from within the facility, the local Union representative shall be informed. Copies of all locally conducted evaluations shall be provided to the local Union representative, if so requested. OPERATIONAL ERROR/DEVIATION INVESTIGATION AND REPORTING PROGRAM Article 32 Section 1 -- In the event management determines that an operational error or deviation may have occurred and any unit employee is interviewed by the Investigator-In-Charge (IIC), or supervisor, the Union representative or his/her designee may be present if the employee so elects. Article 32 Section 2 -- The employee and his/her Union representative, if the employee so elects, shall be permitted to listen to relevant tape recordings available within the facility before being interviewed by the Investigator-In-Charge. Article 32 Section 3 -- An employee and his/her Union representative, if the employee so elects, shall be permitted to listen to relevant tape recordings available within the facility before the employee makes a written statement. Article 32 Section 4 -- For each identified operational error or deviation, FAA Form 7210-2 shall be completed and the information shall be called in to FAA Headquarters in Washington, D.C., as required by FAA Order 7210.41, ``Air Traffic Operational Error/Deviation Investigation and Reporting Program.'' Each employee shall be given a copy of Part I, FAA Form 7210-3, concurrent with its submission to the Air Traffic Manager. The employee will be given Part II, ``Facility Chief Action,'' Parts A, B and C when the manager has completed them. The employee or the Union representative may submit written comments to the Air Traffic Manager with respect to these reports within 5 days of receipt. The manager shall consider these written comments in his/her final deliberations and shall append them to Part II. The employee shall receive a copy of Part II, Section D, and Part III upon the completion of action by the regional Air Traffic Division Manager. Article 32 Section 5 -- In the event that operational error/deviation program directives are changed by the Employer during the term of this Agreement, the protective representation provisions of this Article shall continue in effect. Article 32 Section 6 -- The Union may offer a list of names of bargaining unit employees to the Air Traffic Manager for his/her consideration if he/she establishes a team to assist the Investigator-In-Charge. The Air Traffic Manager shall give first consideration to the employees on the list submitted by the Union. CONTROLLER PERFORMANCE Article 33 Section 1 -- In the event of a difference in professional opinion between the employee and the supervisor, the employee shall comply with the instructions of the supervisor and the supervisor shall assume responsibility for his/her own decisions. Article 33 Section 2 -- If a Full Performance Level (FPL) controller is relieved from his/her position of operation by his/her supervisor because of alleged unacceptable performance of duty, the controller, if he/she requests, shall be given a written explanation of the reason for such action by his/her supervisor within 24 hours. The written explanation is not to be construed as a notice of proposed adverse action. Article 33 Section 3 -- For each incident in which inflight assistance is provided to a pilot of an aircraft in a potentially dangerous situation, the information necessary to complete FAA Form 7230-6 (11-73) shall be forwarded to the Air Traffic Manager as soon as possible but not later than 2 working days after the date of the incident. Flight assists of an outstanding nature shall be so noted, including the name(s) of the specialist(s) ``primarily responsible'' for the assist, and forwarded to the regional office to determine whether further dissemination is appropriate. In addition, a copy of all flight assists shall be made available to the Facility Representative, upon request. Training based on minor deviations in procedures and/or phraseology which occurred during a flight assist shall not be considered remedial training. WATCH SCHEDULES Article 34 Section 1 -- Basic watch schedules shall be developed by the Parties at the local level. The basic watch schedule is defined as the days of the week, hours of the day, the rotation of shifts and change in regular days off. The basic watch schedule must satisfy coverage requirements. Assignments of individual employees in the watch schedule are not considered as changes to the basic watch schedule. The basic watch schedule will not be changed without negotiation between the Union representative and the facility manager. Permanent/rotating shifts and/or permanent/rotating days off are options which may be considered. Article 34 Section 2 -- Air Traffic Managers shall not require air traffic control specialists to work more than 6 consecutive days; to work more than 2 hours in addition to the regularly assigned shift; or to have an off-duty period of less than 8 hours between watches. The Parties at the local level may mutually agree to waive these individual restrictions. Article 34 Section 3 -- Employees equally qualified for the work to be performed may mutually agree to exchange shifts and/or days off and such requests shall normally not be denied by management. Developmentals may be allowed to swap shifts with other developmentals and FPLs. The exchange of shifts by employees shall not conflict with existing regulations or affect the operational needs of the facility and shall not result in overtime, increased payment of night pay differential or violation of the basic workweek. Article 34 Section 4 -- Individual assignments to the watch schedule shall be posted at least 60 days in advance, unless different terms are mutually agreed upon by the Parties at the local level. The schedule shall be posted as near as practicable to the first day of each month. Article 34 Section 5 -- The Employer recognizes that changes of individual assignments on the watch schedule are undesirable; therefore, the Employer agrees to make every reasonable effort to avoid such changes. Changes with less than 7 days notice shall not be made for the purpose of avoiding payment of overtime, holiday, or other premium pay. Prior to making changes with less than 7 days notice, management shall utilize the following alternatives to the extent feasible: (1) overtime, (2) personnel on detail assignments, (3) supervisory personnel. Article 34 Section 6 -- The provisions of Section 5 shall apply to all assignments to the watch schedule without exception. Article 34 Section 7 -- The basic watch schedule shall be projected and posted 1 year in advance. Article 34 Section 8 -- For the purposes of this Article, notice is defined as verbal or written communication to the individual concerned and is considered valid only after acknowledgement by the employee. Article 34 Section 9 -- Variations of watch schedules and rotations may be permitted. The Parties recognize that strict adherence to all aspects of the crew concept, although not prohibited, may conflict with other contractual commitments in this Article. Article 34 Section 10 -- Routine training will normally be scheduled at least 7 days in advance. FLSA AMENDMENTS Article 35 Section 1 -- Fair Labor Standards Act Amendments of 1974 (P.L. 93-259) extends coverage to all nonexempt members of the bargaining unit. Article 35 Section 2 -- Nonexempt employees in the unit shall receive base pay plus one-half of their regular rate for all FLSA overtime work. The increment for payment shall be 1 minute. All time worked, hours and minutes, shall be recorded on a daily basis. Article 35 Section 3 -- Overtime paid under the provisions of the FLSA is not subject to the aggregate salary limitation otherwise imposed under 5 USC 5547. Article 35 Section 4 -- All nonexempt members of the unit are entitled to the expanded benefits pertaining to travel time as ``Hours of Work'' under FLSA. Article 35 Section 5 -- Under the provisions of the the Federal Employees Pay Comparability Act of 1990, employees may request compensatory time off in lieu of overtime pay. The decision as to whether to approve the requests rests with management. Compensatory time earned under FLSA may be carried over and used beyond the work week in which it is earned. Article 35 Section 6 -- This Article does not amend or change any other provision of this Agreement or the provisions of the FEPCA of 1990. HIRING CRITERIA Article 36 Section 1 -- The Parties recognize that qualification standards for employment are established by the Office of Personnel Management. Prior to recommending changes in the qualification standards for employees covered by this Agreement, the Employer shall notify the Union. If the Union requests, the Parties shall meet, thoroughly discuss the recommendations and attempt to reach a joint recommendation. PROMOTIONS Article 37 Section 1 -- Promotion plan announcements for Air Traffic positions shall be open for at least 21 days. All bids must be received within 28 days from the date of the promotion plan announcements. At each facility a specific place shall be provided for display of all bid announcements received at the facility. Article 37 Section 2 -- Selection and notification of the selectee shall normally be made within 45 days of the closing date of the bid. Article 37 Section 3 -- Employees selected under the provisions of a Merit Promotion Program will be released from their current positions no later than the beginning of the fourth full pay period after the losing organization is notified of their selection, unless otherwise requested by the employee. Article 37 Section 4 -- Upon request, the following information shall be made available to the employee:
Article 37 Section 5 -- A method of notifying and handling bids for employees on leave or otherwise absent from the facility shall also be provided. Article 37 Section 6 -- All applications for promotion shall be receipted for by the appropriate official, and a copy of the receipt mailed to the bidder. Article 37 Section 7 -- Employees desiring consideration for promotion to a specific position at a specific facility in another employment jurisdiction may make a voluntary application for promotion by submitting FAA Form 3330.42, ``Request for Promotion Consideration and Acknowledgement''; FAA Form 3330.43, ``Rating of Air Traffic Experience''; a copy of his/her most recent appraisal record; and, at his/her option, SF-171, ``Personal Qualifications Statement'' to the Human Resource Management Division having jurisdiction over the position. Article 37 Section 8 -- Voluntary applications under Section 7 of this Article will remain active for a period of 15 months from the end of the appraisal period covered by the appraisal record. After 15 months, the application shall be returned to the employee unless it has been updated. The front of each application must be clearly marked by the employee. "Filed under Article 37, Section 7, NAATS/FAA Agreement for position at (specify facility)." Article 37 Section 9 -- Employees selected for promotion shall normally be given 2 months advance notice of reporting date to permit proper disposition of home and other business matters. Additional time may be granted at the request of the employee. Careful consideration will also be given to the employee's personal needs when determining a release date. Article 37 Section 10 -- Promotions shall be made in accordance with applicable laws, regulations and FAA directives. Article 37 Section 11 -- The Employer agrees to consider the use of Merit Promotion Plan (MPP) when filling vacancies at AFSSs. The Employer, at the regional level, agrees to notify, upon request, the Union Regional Director prior to filling higher grade positions from outside the bargaining unit. Article 37 Section 12 -- In the event a former FPL bargaining unit employee is unsuccessful in attaining FPL status in a facility to which transferred, the Employer agrees that the employee shall be afforded the opportunity to return to a facility of equal level as the one from which he/she was promoted. The Employer agrees to pay the moving expenses of the employee on a one-time basis, provide:
DETAIL AND TEMPORARY PROMOTIONS Article 38 Section 1 -- When it is known that a higher grade position will be vacant for a period of 15 days or more and a bargaining unit employee is or has been assigned to fill the position, that employee shall be given an immediate temporary promotion. Temporary promotions shall be effected in accordance with the regulations governing such promotions. Article 38 Section 2 -- Assignments to duties normally performed at higher grade levels shall never be considered as upgrade training for the purpose of avoiding payment at the higher rate. Article 38 Section 3 -- Credit for duties performed at higher grade levels shall be made a part of the permanent record of the employee. Article 38 Section 4 -- Nothing in this Article is intended to preclude an employee from being temporarily promoted 2 grades provided that employee meets all statutory requirements and regulations for such promotions. Article 38 Section 5 -- If administrative restrictions on promotions are imposed by an authority above the agency level, the provisions of this Article do not apply while the restriction remains current. Article 38 Section 6 -- The word ``immediate'' as used in this Article means as soon as the administrative requirements can be met and the necessary paperwork is effected. Article 38 Section 7 -- All temporary promotions will be by SF-50, ``Notification of Personnel Action.'' Employees temporarily promoted for more than 15 calendar days shall, upon request, be provided a copy of the position description or performance standards. Temporary promotions will not exceed 120 days unless promotions are made through the Merit Promotion Program (MPP). Article 38 Section 8 -- When the Employer decides to use bargaining unit employees for details within grade, volunteers will be solicited. Article 38 Section 9 -- The Employer recognizes the potential impact of placing Union officials on special assignments or details. The Parties at the regional level shall develop a procedure for notifying the Regional Director when any facility representative is detailed or temporarily promoted outside of the bargaining unit. Article 38 Section 10 -- Prior to detailing national or regional officers of the Union, the Employer shall notify the Union's national office of the detail. Notification may prompt negotiations on the impact on the bargaining unit. Article 38 Section 11 -- The Parties recognize the impact on the Union when dues withholding is terminated from bargaining unit employees on details. Management agrees to provide the Union assistance in this area by taking the following actions as appropriate;
TRAINING AND CAREER DEVELOPMENT Article 39 Section 1 -- Familiarization trips on official time by employees to visit other ATC facilities shall be permitted. Familiarization trips under this Article are subject to operational needs and staffing limitations. The purpose of these trips shall be to familiarize personnel with the operation of other facilities. Article 39 Section 2 -- Each employee whom the Employer has assigned to a special procedural or training project shall have official use of all leased phones and fax machines to maintain a channel of communication relating to the assigned special projects. Article 39 Section 3 -- Employees may participate on their own time in educational and training programs related to improving their job performance within the profession. The Government Employees Training Act authorizes reimbursement for tuition and related costs. Requests for approval must be submitted sufficiently in advance to permit final determinations to be made prior to enrollment. The program is dependent on the availability of funds. The program will be made available on an equitable basis to employees covered under this Agreement. Approvals will not be given on a retroactive basis. The Employer shall take action, through issuance of an appropriate publication, to make bargaining unit employees aware of the opportunities for outside training and of the procedures for application. Article 39 Section 4 -- In the event the Agency establishes long-term training programs, the Employer shall ensure that the grade structure of flight service stations is considered in establishing entrance levels for such programs and shall advise the Union at the national and regional levels of those FAA long-term training programs which accommodate air traffic control specialists covered by this Agreement. Article 39 Section 5 -- The Employer shall continue the policy that shift adjustments for the purpose of continuing an employee's off-duty education or professional training shall be handled on an individual basis. However, no employee may receive shift preference at the expense of another unless both employees agree to the arrangement. The employee requesting the shift adjustment shall be responsible for obtaining the consent of all other employees affected. Article 39 Section 6 -- The Employer shall provide each employee, who requests it, a current copy of FAA Order 7110.10,Flight Services, and FAA Order 7930.2, National Notice to Airmen (NOTAM) System. The Employer agrees to provide requesting employees with all subsequent changes to these handbooks as they are published. Article 39 Section 7 -- When an employee is to be given remedial training, he/she shall be notified of the subject areas to be covered, the reasons therefore, and the training shall be confined to those subject areas. Only these specific subject areas shall be entered into the training record. Article 39 Section 8 -- Except for initial FSS qualification training, bargaining unit employees shall receive at least 2 weeks advance notification for any training assignment away from his/her permanent duty station. Article 39 Section 9 -- Employees may voluntarily enroll in certain directed study courses designed to improve their work performance, expand their capabilities and increase their utility to the agency. Article 39 Section 10 -- Supervisors may allow personnel participating in agency directed study courses to devote a maximum of 10 hours per month of official duty time to the study of these courses, provided operational and staffing requirements permit. Article 39 Section 11 -- To the extent that it can be accomplished without incurring additional cost or adversely affecting the FAA's training program or mission, classes at the FAA Academy shall be reduced or eliminated between December 20 and January 6 each year. Article 39 Section 12 -- Travel and per diem for training outside of the FAA resident schools shall be governed by applicable law and regulations. While at school, local transportation shall be provided in accordance with applicable law and regulations. Information as to accommodations and services shall be provided to bargaining unit employees when available. Article 39 Section 13 -- The Parties acknowledge that the use of the Read and Initial Binder to satisfy training requirements is not as effective as crew briefings or classroom training. To the extent staffing and resources allow, management will minimize the use of the Read and Initial Binder for training. Article 39 Section 14 -- Bargaining unit employees are entitled to have Individual Development Plans (IDPs). Upon request, IDPs shall be developed jointly by the Employer and the employee. The employee and the Employer are encouraged to pursue the goals developed in the employee's IDP. NATIONAL TRAINING ADVISORY COMMITTEE Article 40 Section 1 -- The Parties, recognizing the importance of an effective career development and training program in accomplishing the FAA's mission, agree to establish a Training Advisory Committee at the national level. The committee will be composed of 3 members designated by the Union and 3 members designated by the Employer. The committee shall meet annually at a time and place determined by the Employer to discuss and exchange views on training matters as they concern bargaining unit employees. Bargaining unit employees shall be on official time. Article 40 Section 2 -- The committee may submit to the Employer for consideration recommendations or suggestions regarding training matters. The Employer agrees to carefully consider any such recommendations or suggestions. ARTICLE 41 POSITION DESCRIPTIONS Article 41 Section 1 -- The Parties at the national level shall discuss and review all bargaining unit position descriptions annually. Article 41 Section 2 -- Each employee covered by this Agreement shall be provided a position description which accurately reflects the duties of his/her position. If an employee believes that his/her position description is not accurate, he/she may request a review by the appropriate supervisor and be assisted by a Union representative. A dispute regarding the accuracy of an employee's position description may be handled under Article 67 of this Agreement. Article 41 Section 3 -- An employee shall not normally be required to perform duties that do not have a reasonable relationship to his/her official position description. When it becomes necessary to assign duties that are not reasonably related to the employee's official position description and are of a recurring nature, the position description shall be amended to reflect such duties. Article 41 Section 4 -- All proposed changes to the position description of bargaining unit members shall be forwarded to the Union, in advance, for comment and/or negotiations as required by law. Article 41 Section 5 -- The Air Traffic Manager shall maintain an accurate position description for each position at his/her facility, reflecting the duties of the employee filling the position. These position descriptions shall be readily available to the employee. Article 41 Section 6 -- The Employer shall not normally assign collateral duties to bargaining unit employees that are not reasonably related to the employee's critical job elements (CJE's). PERFORMANCE Article 42 Section 1 -- Annual performance appraisals shall be made under the provisions of applicable law and agency directives, and a copy shall be given to the employee. Article 42 Section 2 -- Members of the unit shall be rated by their first-line supervisor except when the supervisor/employee relationship has been in effect less than 90 days and it is not feasible to extend the rating period. The first-line supervisor shall review and discuss the rating with the employee. Article 42 Section 3 -- Inasmuch as the law (5 USC 4302) requires an agency to encourage employee participation in establishing performance standards, the Union may nominate bargaining unit employees to serve on a national committee established and headed by the Employer. The number of bargaining unit employees on the committee shall not exceed the number of management representatives as determined by the Employer. The committee shall provide the Employer with recommendations for performance standards and critical elements. The final decision on performance standards and critical elements shall be made by the Employer. Article 42 Section 4 -- Performance standards and critical elements established by the Employer shall be consistent with the position description for the position. The employee may initiate a request for the supervisor to review the standards. If performance standards and critical elements are adjusted at the national level during the rating period, performance under the new standards and critical elements must be used as the basis for any rating of record, as long as the new standards and critical elements have been in effect for at least 90 days at the time of the rating. Changes may be made in the performance plans during the last 90 days of the appraisal period only when absolutely necessary, however, the employee cannot be rated on the changed plan until he/she has worked for at least 90 days under the new plan. The supervisor shall justify in writing any changes made less than 90 days before the end of the appraisal period. New elements and performance standards become effective following approval by a higher official than the immediate supervisor. Article 42 Section 5 -- Annual performance appraisals shall be recorded on the forms provided by the Employer for that purpose. Article 42 Section 6 -- Performance standards established by the Employer shall be applied to individual employees in a fair and just manner. The employee's performance will be measured throughout the year against the written performance standards of his/her position. The supervisor should document all progress reviews other than brief performance related remarks, including agreements and/or disagreements. Documentation should adequately reflect the substance of the discussion. A copy of this documentation shall be given to the employee upon request. Frequent, informal progress reviews may be conducted at any time at the supervisor's discretion. Formal progress reviews are required under the following circumstances.
All progress reviews, whether required or discretionary, should be open exchanges regarding expectations and accomplishments. The rating official and the employee should be able to "fine tune" the meaning of the written standards jointly. The supervisor should schedule the meetings in advance on a regular cycle. Periodic progress reviews should not be viewed as punishment or reward in themselves, which result from one particularly good or bad instance of performance, but as a normal way for the supervisor and employee to formally or informally communicate on the employee's progress toward goals and accomplishments. Article 42 Section 7 -- Bargaining unit employees shall not be required to sign any document during any performance appraisal process. The employee may make comments in the Remarks Section or attach them on a separate page. Article 42 Section 8 -- At any point during the rating period that the first-line supervisor believes an employee's performance may result in a rating of Unacceptable, the supervisor shall identify the critical element(s) for which performance is unsatisfactory and will meet with the employee to discuss the matter. The supervisor may allow a Union representative to attend these discussions, on a case-by-case basis, if the employee requests. If the employee asks for the representative, the supervisor shall give the representative all the documents which relate to the employee's performance that is in question, and will give the representative time to review the documents. The supervisor shall write a performance improvement plan which will identify what the employee must do to improve his/her performance to be retained in the job and what the Employer will do to assist the employee. The supervisor has the final authority to write the plan, but will consider ideas proposed by the employee or representative. Article 42 Section 9 -- A non-probationary employee whose reduction in grade or removal is proposed because of unacceptable performance is entitled to:
Article 42 Section 10 -- If, because of performance improvements by the employee during the notice period, the employee is not reduced in grade or removed and the employee's performance continues to be acceptable for 1 year from the date of the advance written notice, any entry or other notation of the unacceptable performance for which the action was proposed shall be removed from any record relating to the employee. Article 42 Section 11 -- When an appraisal of supervisory potential is used as part of the Merit Promotion Program, employees shall be allowed to review the form containing the appraisal of their supervisory potential and the supervisor shall discuss the appraisal with the employee. These discussions shall be held with the employee at the time such appraisal of supervisory potential is completed or revised. Article 42 Section 12 -- Employees shall be rated only on those elements of performance in which they were provided an opportunity to demonstrate performance. In those instances where an employee is not provided an opportunity to demonstrate performance in a specific element of performance, he/she shall not be rated on that element nor shall that element be a factor when the employee is being considered for an outstanding rating. Article 42 Section 13 -- Use of authorized official time and approved absences for labor relations activities shall not be a factor in employee performance appraisals. Article 42 Section 14 -- Appraisals made pursuant to this Article shall not be required to conform to any pre-established distributions of expected levels of performance that interfere with appraisal of actual performance against standards. Article 42 Section 15 -- The Employer shall consider the employee's performance above his/her current grade level when assessing the employee's performance to determine whether it is deserving of special recognition. Article 42 Section 16 -- Data accumulated from electronic Management Information Systems (e.g., TMIS, EMIS, etc.) will not be solely relied upon to evaluate an employee's performance. Article 42 Section 17 -- Administrative reassignments or transfers to other facilities or locations, retraining and/or recertification may be used in lieu of performance based actions. Article 42 Section 18 -- An employee against whom an action is proposed which falls under the jurisdiction of the Merit Systems Protection Board may appeal that action to the Merit Systems Protection Board or grieve under Article 67 of this Agreement, but not both. Article 42 Section 19 -- Waivers to the time constraints under this Article may be granted by mutual agreement of the Parties. ARTICLE 43 WITHIN-GRADE INCREASES Article 43 Section 1 -- Acceptable level of competence determinations shall be made in a fair and objective manner and shall be made only on the basis of the work requirements of the particular position or specific performance standards as may have been established for the particular bargaining unit position. Article 43 Section 2 -- Prior to the date an employee is eligible for a within-grade increase, the Employer shall review the work of the employee. When a supervisor's evaluation leads to a conclusion that the employee's work is not at an acceptable level of competence (i.e., below the fully successful level), the supervisor shall provide to the employee in writing at least 90 days before the employee is eligible for a within-grade increase, the following information:
Article 43 Section 3 -- At the end of the required waiting period for eligibility, the employee shall be notified in writing of his/her supervisor's determination. If the employee's performance is acceptable, the 90 days notice shall be cancelled. If the employee's performance is not at an acceptable level of competence, the Employer shall notify the employee in writing that the within-grade increase shall be withheld. The notice shall include reasons for the action and shall also inform the employee of his/her right to request administrative reconsideration; the time limit for submitting such a request; and to whom the request should be made. Article 43 Section 4 -- An employee shall not be denied a within-grade increase for any reason other than job performance. The act of withholding within-grade increase(s) does not justify an adverse action in and of itself. However, the factual situations relied on to withhold a within-grade increase may also form the basis for a performance-based action such as demotion or removal. Such proposed actions are not barred by this Article; however, they must be processed as a separate action. Article 43 Section 5 -- If the administrative reconsideration of an initial determination, provided for in Section 3 of this Article, is in favor of the employee, the within-grade increase shall be retroactive from the original effective date. Article 43 Section 4 -- An employee shall not be denied a within-grade increase for any reason other than job performance. The act of withholding within-grade increase(s) does not justify an adverse action in and of itself. However, the factual situations relied on to withhold a within-grade increase may also form the basis for a performance-based action such as demotion or removal. Such proposed actions are not barred by this Article; however, they must be processed as a separate action. Article 43 Section 5 -- If the administrative reconsideration of an initial determination, provided for in Section 3 of this Article, is in favor of the employee, the within-grade increase shall be retroactive from the original effective date. Article 43 Section 6 -- Training phases for developmental controllers do not necessarily coincide with the notice requirements of Section 2 of this Article. Failure to meet notice requirements shall not act as a bar to withholding a within-grade increase. ARTICLE 44 OFFICIAL RECORDS Article 44 Section 1 -- Material placed in an employee's Official Personnel Folder, Medical, Security, or other FAA/DOT file shall comply with Federal Personnel Manual requirements and shall be maintained in accordance with the applicable provisions of the Privacy Act and its implementing regulations. Where required by law, rule or regulation, the material shall bear the signature of the person originating the material. The employee shall be given copies of all FAA initiated material which is placed in his/her Official Personnel Folder. Article 44 Section 2 -- There shall be maintained one Official Personnel Folder only for each employee in the unit. The Official Personnel Folder shall be located in the appropriate Human Resource Management Division. Article 44 Section 3 -- An employee or, upon his/her written request, his/her designated representative shall be afforded reasonable access to the employee's Official Personnel Folder, Medical, Security, or other FAA/DOT files and the material therein, provided access to that information is in accordance with the applicable provisions of the Privacy Act and other applicable laws, rules, and regulations. Article 44 Section 4 -- Upon an employee's written request, his/her Official Personnel Folder, Medical, Security, or other FAA/DOT file and its contents, or a certified copy thereof, shall be forwarded to his/her facility, except for material restricted by law, rule, or regulation. This shall normally be accomplished within 30 days of the receipt of the request, except when the folder is needed elsewhere for official agency business. The employee and/or his/her representative shall be permitted to examine the employee's folder/files as forwarded to the facility, in the presence of a management official. Article 44 Section 5 -- Letters of reprimand and documents related to them shall be retained in the Official Personnel Folder for no more than 2 years. In the event a letter of reprimand is ruled by appropriate authority to have been unjustly issued, it shall be removed immediately from the Official Personnel Folder and destroyed. Any reference to a letter of reprimand which has been expunged from the Official Personnel Folder must be removed from the Employee Record Card, SF-7B card. Article 44 Section 6 -- Access to an employee's Official Personnel Folder shall be granted to other persons only as authorized by law or Office of Personnel Management regulation. Article 44 Section 7 -- An employee who, pursuant to Office of Personnel Management regulations, attempts unsuccessfully to correct or amend a record contained in his/her Official Personnel Folder, may have a statement of disagreement placed in his/her folder. Article 44 Section 8 -- Use of the Employee Record Card, SF-7B card, shall be optional at each facility. Employees shall, upon request, be provided access to the SF-7B card consistent with applicable law and regulations. The provisions of Section 7 regarding corrections or amendments to the OPF are also applicable to the Employee Record Card. PERFORMANCE/INCENTIVE AWARDS Article 45 Section 1 -- The Employer agrees that performance awards are based entirely upon job performance and shall be used exclusively for rewarding employees who attain high levels of performance of assigned duties, including OJT duties. This program shall not be used to discriminate against employees or to effect favoritism. Performance awards shall be administered in accordance with the Agency's Performance Management System Order. Article 45 Section 2 -- The Employer agrees that incentive awards (cash or honorary) shall be used for rewarding employees for contributions resulting in benefits or savings to the government. This program shall not be used to discriminate against employees or to effect favoritism. Incentive awards shall be administered in accordance with the Agency's Incentive Awards Program Order or the Federal Employees Pay Comparability Act (FEPCA) of 1990. The Employer shall notify the appropriate Union representative, within 10 calendar days, when an employee receives one of these awards. Article 45 Section 3 -- Prior to making changes in the FAA recognition and awards program affecting employees covered by this Agreement, the Employer shall notify the Union. If the Union requests, the Parties shall meet and negotiate to the full extent required by law. Article 45 Section 4 -- The Employer at the regional level shall on an annual basis provide the Union at the regional level with a region wide statistical analysis of all performance awards under both the PMS and PMRS systems for all air traffic facilities within that region. Article 45 Section 5 -- The Employer will make every reasonable effort to deliver Performance Management System awards to bargaining unit employees by the first pay period after July 1 of each year. Article 45 Section 6 -- The Parties agree that the use of time off awards is an excellent incentive tool for increasing productivity and creativity of bargaining unit employees by rewarding their contributions to the quality, efficiency, or economy of government operations. Time off awards shall be administered and scheduled in accordance with 5 CFR Part 451. ON-THE-JOB-TRAINING Article 46 Section 1 -- The Parties recognize the importance of on-the-job training (OJT) in providing quality training. In accordance with the above, the Employer recognizes the importance of having OJT instructors current and competent in the instructing assignment conducted. In this interest, normally only air traffic control specialists who have completed OJT instructor training in accordance with Agency directives shall provide those services. Article 46 Section 2 -- Volunteers shall be solicited and referred to the OJT Instructor selection panel. Management shall, upon request, include the Facility Representative or his/her designee on the OJTI selection panel. The Employer shall make OJT instructing assignments on a rotating and equitable basis based on the panel's recommendations. In the absence of volunteers, the Employer shall make OJT instructing assignments on a rotating and equitable basis from among the qualified air traffic control specialists. Article 46 Section 3 -- An OJT instructing assignment shall not be considered upgrade training. Article 46 Section 4 -- The Employer shall consider the employee's performance in providing on-the-job training when assessing an employee's performance to determine whether he/she is deserving of special recognition for an award. Article 46 Section 5 -- The Parties recognize that evaluation of employees is normally a management function. Members of the bargaining unit shall not be required to evaluate other members of the bargaining unit when other qualified personnel are available. Article 46 Section 6 -- When other qualified employees are available, union representatives shall not normally be required to perform OJT duties. NATIONAL PAY PROCEDURES Article 47 Section 1 -- FAA regions shall designate a region wide payday on the earliest day practicable following the close of the pay period. Such payday shall not be later than the second Tuesday after the close of the pay period. Article 47 Section 2 -- If an employee does not receive his/her salary check on the regular delivery date, he/she may contact his/her supervisor who shall assist him/her in tracing the check or obtaining a substitute check. Article 47 Section 3 -- Calls concerning employee lost salary checks will be given top priority attention by the payroll office. Employees will be informed as soon as possible of the status of the search or issuance of a recertified (replacement) salary check. Article 47 Section 4 -- Recertified salary checks will be issued to employees as expeditiously as practical. MOVING EXPENSES Article 48 Section 1 -- Employees shall be reimbursed for moving expenses to the Maximum extent permissible under applicable law, Agency directives, government-wide regulations, and this Agreement. Article 48 Section 2 -- Employees will be reimbursed for subsistence costs while occupying temporary quarters for a period of up to 60 days. Any time expended in a house-hunting trip is included in the initial 60-day period. Temporary quarters authorizations shall be extended in 30-day increments for compelling reasons in accordance with Agency directives. Such reimbursement applies to moves within the United States, its territories and possessions, and the Commonwealth of Puerto Rico. The amount of such subsistence allowance payable for temporary quarters is prescribed in Agency directives. Receipts are required for lodging, laundry and cleaning expenses (except when coin-operated facilities are used). Other subsistence expenses may be paid without receipts when approved as reasonable. Article 48 Section 3 -- Employees shall be authorized to use 2 privately owned vehicles in transferring provided they meet the criteria prescribed in Agency directives. Article 48 Section 4 -- The Employer shall pay the shipping cost of replacement vehicles to the post of duty outside the continental United States if: a. it was determined that it was in the government's interest for the employee to have the vehicle being replaced and that it will continue to be in the government's interest for the employee to have such a vehicle; b. more than 4 years have elapsed since the date when the vehicle being replaced was transported; c. the employee has been stationed continuously during the 4 year period at permanent posts of duty located outside the continental United States. If the above conditions are not met, no authority exists to ship an employee's replacement privately owned vehicle outside the continental United States at government expense. Article 48 Section 5 -- The Employer shall make available to an employee, who is changing stations, all pertinent directives in connection with moving expenses and shall assist the employee in obtaining answers to any questions the employee may have regarding his/her change of station. The Employer shall provide each employee who is transferring, a booklet containing a description of the entitlements available to the employee in connection with travel and transportation allowances. The Employer shall assist the employee in obtaining answers to any questions the employee may have and assist in completing all require forms. Article 48 Section 6 -- Employees who choose to sell their homes using relocation assistance are required to market their homes for 30 days under the Market Assistance Program concurrent with using relocation home sales assistance. Employees may recommend appraisers, and if they conform to established criteria, they will be utilized. When employees are changing duty stations within the same city or area, they may use the relocation service home sales assistance, and will be eligible for residence sale and purchase entitlement, provided the one-way commute from the residence to the new duty station is at least 35 miles farther than the commute to the former duty station. Ordinarily, to be eligible for residence sale and purchase entitlement, the employee's new residence must be at least 30 minutes closer to the new duty station than it was to the former residence as determined by the local travel authorizing official. Article 48 Section 7 -- When alternatives are available under law and regulation for transporting household goods, vehicles, dependents, etc., the Employer shall explain the alternatives to the employee and allow the employee to choose the permissible alternatives which most meet his/her personal needs. Employees shall be authorized official time for travel to a new duty station in accordance with law and regulation. Article 48 Section 8 -- In the event a former FPL bargaining unit employee is unsuccessful in attaining FPL status in a facility to which transferred in the interest of career progression, the Employer agrees to pay the moving expenses of the employee to another bargaining unit position on a one-time basis, provided: a. the Employer desires to retain the employee; b. a position and change of station funds are available within the region for such moves. Authorization of Permanent Change of Station (PCS) funds for other types of moves takes precedent over funding moves under this Section; c. the employee is relocating to a facility to which it is primarily in the best interest of the Agency to reassign the employee. Article 48 Section 9 -- Transferred employees who receive a PCS relocation move shall not be entitled to another PCS move until 12 months after becoming facility certified. Article 48 Section 10 -- Annually, the Employer will provide the Union, at the national level, with a statistical report of all PCS moves for the preceding fiscal year. This report shall contain the date of the move, the old facility, the new facility, and the position being filled. ARTICLE 49 TEMPORARY ASSIGNMENTS AND ASSOCIATED PER DIEM Article 49 Section 1 -- Prior to temporary assignment away from the facility, volunteer bids shall be solicited. Temporary assignments shall be made on an equitable basis. Article 49 Section 2 -- In the event of staffing emergencies determined by the Air Traffic Division Manager an employee may be temporarily assigned consistent with applicable law and regulations. Such employees shall receive the full per diem applicable to his/her travel situation for the entire period. Article 49 Section 3 -- An employee shall receive full per diem applicable to his/her travel situation under the ``lodging plus formula'' or the standard per diem rate as appropriate. Article 49 Section 4 -- Before an employee shall be required to travel in the performance of official business, he/she shall be granted an advance of funds, if he/she so requests. The amount of the advance shall be the maximum allowable by law and Agency directive. Travel advances shall be made within a reasonable period prior to the beginning of travel. The employee shall not be required to use his/her personal credit cards, nor shall they be required to accept a Government Diners Club card to pay for travel expenses. Government Diners Club card use is optional by the employee. Article 49 Section 5 -- All matters relating to temporary assignments and associated per diem shall be governed by agency directives as set forth in FAA Order 1500.14 and appendices thereto. Article 49 Section 6 -- Except for emergencies, bargaining unit employees shall receive at least 3 weeks advance notification for any duty assignments away from his/her permanent duty station. ARTICLE 50 TRAVEL AND PER DIEM Article 50 Section 1 -- The desires of the traveler shall be considered to the extent that they are not inconsistent with the principle that travel by common carrier generally results in the least costly and most expeditious method of travel. This method shall be used unless the circumstances involved make travel by government-owned vehicle, privately-owned conveyance, or special conveyance preferred for reason of cost, efficiency or work requirements. However, when an employee is issued a travel order for a temporary assignment to the FAA Academy in Oklahoma City for training of more than 3 consecutive weeks away from his/her permanent duty station, the use of a privately-owned vehicle shall be authorized. Such travel shall be deemed to be advantageous to the government and roundtrip mileage shall be paid at the rate applicable to such travel. Payment for local mileage is not authorized. This provision applies solely to employees assigned to duty stations within the 48 contiguous states or the District of Columbia. Article 50 Section 2 -- An employee assigned to a duty location outside the 48 contiguous states who is assigned Academy Training shall be authorized transportation by commercial air carrier to and from the Academy. In addition, any such employee who is assigned Academy Training of more than 3 consecutive weeks shall be authorized the use of a rental car on a flat rate basis. The maximum entitlement under this section shall be determined by constructive cost procedures based on POV advantageous to the Government from the designated port of entry to the Academy and return, minus the cost of roundtrip air fare between the employee's duty location and the Academy. Local mileage is not authorized. The designated ports of entry are as follows: Duty Locations In Port of Entry Alaska Seattle Hawaii Los Angeles Puerto Rico Miami Article 50 Section 3 -- To the maximum extent practicable, the Employer shall plan activities and schedule travel so that a bargaining unit employee performs necessary travel away from his/her official duty station on official time. Payment for time in travel status, including overtime, shall be in accordance with applicable law, regulation and rulings of the Comptroller General. An employee may, upon request, be advised prior to the start of scheduled travel why such travel is not compensable. Article 50 Section 4 -- During the period an employee is away from his/her official duty station, he/she shall be paid the maximum per diem rate applicable. Article 50 Section 5 -- Employees required by the Employer to be present at a national or regional meeting with the Employer shall be paid the same rate of per diem, established by the Employer, in advance, in accordance with Agency directives as set forth in FAA Order 1500.14 and appendices thereto. Article 50 Section 6 -- All matters not specified above pertaining to the subject matter of this Article shall be governed by Agency directives as set forth in FAA Order 1500.14 and appendices thereto. Article 50 Section 7 -- Employees filing vouchers for expenses incurred during TDY and PCS travel shall have all such vouchers paid by management within a reasonable period, normally not to exceed 30 calendar days. ARTICLE 51 ASSIGNMENT OF TEMPORARILY DISABLED EMPLOYEES Article 51 Section 1 -- An employee recuperating from illness or injury and temporarily unable to perform operational duties may voluntarily submit a written request to his/her supervisor for temporary assignment, not to exceed 12 months, to duties commensurate with the disability and the employee's qualifications. The facility management shall give such an employee priority for any appropriate assignment available. Article 51 Section 2 -- An employee absent from duty because of illness and awaiting a determination on his/her physical fitness to return to operational duties may submit a written request for temporary assignment, not to exceed 12 months to other duties commensurate with the disability and the employee's qualifications. The facility management shall give such an employee priority for any appropriate assignment available. Article 51 Section 3 -- Employees temporarily prohibited from performing certain duties because of medications restricted by FAA directives may request temporary assignment to duties not specifically prohibited. The facility management shall give such an employee priority consideration for any appropriate assignment available. Article 51 Section 4 -- Such employees shall continue to be considered for promotional opportunities for which they are otherwise qualified. ARTICLE 52 FEDERAL PERSONNEL MANUALS Article 52 Section 1 -- At air traffic facilities where Federal Personnel Manuals are maintained, the manuals shall be made available during normal administrative office hours for use by unit employees. Manuals may not be removed from the facility. Article 52 Section 2 -- At air traffic facilities where Federal Personnel Manuals are not maintained, the Employer shall arrange as quickly as possible to make the applicable provisions of the manual available to an employee or his/her Union representative for use in processing an appeal or resolving disputes which may involve disciplinary actions or grievances. If the applicable provisions of the manual cannot be made available within 5 working days, any time limits affecting the employee's right to reply in a disciplinary proceeding or to proceed in a grievance shall be automatically extended until 5 working days after the applicable provisions of the manual have been made available. Article 52 Section 3 -- The Employer shall contact nearby federal facilities where Federal Personnel Manuals may be maintained and arrange, if possible, for employees of the bargaining unit to use the manuals at such facilities. ARTICLE 53 MEDICAL EXAMINATIONS Article 53 Section 1 -- All employees of the bargaining unit shall be covered by the FAA Air Traffic Control Specialist Health Program. In accordance with the provisions of that program, the Employer shall provide periodic medical examinations for all employees in the bargaining unit. National medical standards and associated tests shall be established in accordance with the Office of Personnel Management regulations and shall be applied uniformly in all regions. Article 53 Section 2 -- Upon request, a second-class airman medical certificate shall be issued to all bargaining unit employees who complete the medical examination and meet the requirements for that certificate. For those who do not meet all the requirements for a second-class airman medical certificate, the Employer may issue a certificate which contains limitations. Article 53 Section 3 -- Delays in promotion actions due to medical consideration must be consistent with the provisions of Article 27, Compensation. The Employer shall take positive action to ensure that promotions are not unduly delayed due to medical factors. Article 53 Section 4 -- The Employer agrees that determinations of eligibility for employee medical clearance and/or special consideration shall be based solely on medical factors. Article 53 Section 5 -- All medical examinations required by the Employer shall be scheduled on duty time, and employees shall be reimbursed for mileage expenses and parking fees in accordance with applicable regulations. Employees may not be required to utilize government vehicles, however payment of mileage for personally owned vehicles (POV) is subject to government-wide regulations and availability of funds. Article 53 Section 6 -- Within 30 days of a signed written request, an employee shall be furnished with a copy of his/her periodic or other physical report or record related to an examination or other evaluation required by the agency. This copy shall be provided at no expense to the employee. This Section applies only to material in the possession of FAA medical personnel. Article 53 Section 7 -- No expense shall be borne by bargaining unit employees for required medical exams. Tests performed by an employee's own physician shall be paid for by the agency only when specifically authorized by FAA medical personnel. All exams and requests for information shall be based on sound medical justification. If authorized FAA medical personnel cannot determine an employee's medical status (qualified/disqualified) without additional testing, the cost of the additional testing will be borne by the agency. If an employee is determined to be not medically qualified, any medical costs incurred to become medically qualified are the responsibility of the employee. ARTICLE 54 RETIREMENT AND DEATH BENEFITS Article 54 Section 1 -- The Employer recognizes its obligation to inform employees of the bargaining unit of the benefits for which they may be eligible, and to assist them in initiating claims for these benefits. The Employer agrees to take affirmative action to fulfill this obligation through such means as presenting video tape briefings, supplying brochures, pamphlets, and other appropriate information, and assisting employees in filing benefit claims. Article 54 Section 2 -- The Employer shall insure that FAA personnel actions related to the death of an employee are processed so that there is no loss of benefits or undue delay. Article 54 Section 3 -- When possible, the Employer shall meet with a deceased employee's designated next of kin, upon request, to advise them of any benefits to which they may be entitled and assist them in filing claims for unpaid compensation including lump sum leave payment and any retirement insurance, social security benefits, or any other benefits resulting from the deceased's employment with the FAA. When a meeting is not possible or is not requested, the next of kin may be advised by another suitable means. Article 54 Section 4 -- The Employer shall provide a retirement planning program to be made available annually in which all employees, with no more than 2 years service remaining prior to their eligibility for retirement, may voluntarily participate. It shall include, but not be limited to, individual counseling, assistance, information and materials. ARTICLE 55 USE OF OFFICIAL GOVERNMENT TELEPHONE LINES Article 55 Section 1 -- Pursuant to current government-wide regulations, an employee shall have reasonable access to unrecorded telephones provided they are presently installed. Calls may properly be authorized as being necessary in the interest of the government if such use satisfies the following criteria: (1) it does not adversely affect the performance of official duties by the employee of the agency; (2) it is of reasonable duration and frequency; and (3) it reasonably could not have been made at another time. The Employer agrees that the following examples of unofficial calls are necessary in the interest of the Government. a. A call to family or doctor if an employee is injured on the job. b. A call to notify family of a schedule change when an employee traveling on Government business is delayed due to official business or travel delay. c. A brief daily call to an employee's residence using an FTS phone when traveling overnight on Government business (except FAA Academy training). d. A call to notify family or to make alternate transportation or child care arrangements if the employee is required to work overtime without advance notice and if the call is to within the local commuting area (the area from which the employee regularly commutes). e. A brief daily call within the commuting area to spouse or minor children (or those responsible for them, e.g., school or day care center). f. A brief daily call within the commuting area to locations that can be reached only during working hours, such as a local government agency or physician. g. A brief call to locations within the local commuting area to arrange for emergency repairs to his/her residence or automobile. Article 55 Section 2 -- The Government allows employees to make brief personal calls over the commercial long distance network using government telephones if the calls are not charged to the Government, and the calls are: a. Charged to the employee's home phone number or other non-government number: b. Made to an 800 toll free number: c. Charged to the called party if a non-government number (collect call): or d. Charged to a personal telephone credit card. Article 55 Section 2 -- The Government allows employees to make brief personal calls over the commercial long distance network using government telephones if the calls are not charged to the Government, and the calls are: a. Charged to the employee's home phone number or other non-government number: b. Made to an 800 toll free number: c. Charged to the called party if a non-government number (collect call): or d. Charged to a personal telephone credit card. Article 55 Section 3 -- Facility and Hub Representatives and Regional Directors shall be given reasonable access to government telephones and where available FAX machines to discuss/address representational duties. Article 55 Section 4 -- Government telephones shall not be used to conduct internal union business. ARTICLE 56 FAMILIARIZATION FLYING Article 56 Section 1 -- Familiarization flying in scheduled air carriers (SF-160 program), military aircraft and civil non-air carrier aircraft is a training program intended solely to acquaint personnel with the cockpit environment and to enable them to observe the operation of the air traffic system first hand. The parties recognize that decisions relating to matters such as the continued existence of the familiarization flying program, program eligibility, the number of trips and destinations covered by the program are reserved solely to management in accordance with 5 USC 7106. Furthermore, such decisions are not subject to the grievance and arbitration procedures contained in this Agreement. Any changes in the program shall be applicable to all three options of the GS-2152 series on a uniform basis. Article 56 Section 2 -- The Parties recognize that scheduled air carriers, military and civil non-air carrier operators specify their own internal regulations and procedures governing flight familiarization by employees and that such regulations and procedures are beyond the purview of the Employer to alter. Article 56 Section 3 -- The familiarization flying program shall be administered equally for all 3 options in accordance with agency directives, including changes in such directives issued subsequent to the effective date of this Agreement. No facility or regional office of the Employer shall add, delete or in any way alter the standardized national program. In accordance with the current agency directives, the following procedures govern the operation of the familiarization flying program: a. If an employee is assigned duties at the outbound destination as part of the familiarization trip, the employee shall be placed in official travel status, and paid per diem. The Union recognizes that on duty days employees are required to be on duty for 8 hours. Both Parties recognize that the Standard Government Travel Regulations require that employees be placed on official travel status when assigned duties at the destination, and further, that budgetary limitations govern the approval of flight familiarization travel involving assignment of official duties. b. The Employer may approve a flight familiarization trip for duty days, annual leave days, and regular days off in any combination. Annual leave granted under this Article shall be subject to the provisions of Article 19, ``Annual Leave.'' Duty flight familiarization trips may be taken at any time during the 24 hour duty day, regardless of the assigned duty shift. c. Use of different air carriers or the same air carrier for different segments on the same flight familiarization trip is authorized. d. Eligible specialists may commute a reasonable distance to the nearest airport to make use of the maximum allowable trips authorized by the Employer. Such commuting trips shall be at no expense to the Government. If commuting is involved on a duty day trip, the employee shall commence his SF-160 travel within 8 hours of the time he/she departs his/her duty station. e. All flight familiarization travel shall be subject to the approval of the Employer. Such approval shall be governed by the operational and staffing requirements of the facility and all participants shall comply with the national standardized procedures established by the Employer. Article 56 Section 4 -- FPL employees who are transferred shall be issued their SF-160 trip credentials immediately upon reporting to their new facility. The two position minimum check-out requirement shall not apply to these individuals. ARTICLE 57 OCCUPATIONAL SAFETY AND HEALTH Article 57 Section 1 -- The Employer shall abide by Public Law 91-596, Executive Order 12196, concerning occupational safety and health, and regulations of the Assistant Secretary of Labor for Occupational Safety and Health and such other regulations as may be promulgated by appropriate authority. Article 57 Section 2 -- The Employer shall make every reasonable effort to provide and maintain safe and healthful working conditions. Factors to be considered include, but are not limited to, proper heating, air conditioning, ventilation, air quality, lighting and water quality. This Section also applies to government-provided or leased housing for bargaining unit employees under appropriate regulations. The Union shall cooperate in these efforts and encourage employees to work in a safe manner. Article 57 Section 3 -- The Employer shall allow travel and per diem to controller safety representatives designated by the Union when they are authorized by the Employer to participate or attend any joint conference or meeting concerned with occupational safety and health. Article 57 Section 4 -- The Employer shall maintain fully stocked first aid kits, including remedies for gastrointestinal relief. Article 57 Section 5 -- When the local Union representative requests, a meeting of a joint occupational safety and health committee composed of an equal number of representatives from the Union and Employer shall be held at least quarterly unless otherwise agreed to by the Parties. The committee shall review the progress in occupational safety and health at the facility and determine which areas should receive increased emphasis. The committee shall render reports and recommendations to the Air Traffic Manager for action on matters concerning occupational safety and health. The Air Traffic Manager shall, within a reasonable period of time but not to exceed 30 days, advise the committee that recommended action has been taken or advise them why action has not been taken. Schedules may be adjusted to permit the Union representatives to attend on official time. Article 57 Section 6 -- During facility health and safety inspections conducted by facility management, the Union shall be afforded the opportunity to have a representative present during the inspections. At the post-inspection conference, management and/or the Union representative may make recommendations regarding the findings of the inspection and the working conditions. The Union representative shall be on official time. Article 57 Section 7 -- The Employer at each facility shall annually review fire procedures with all personnel and provide training in the operation of fire extinguishers and other related equipment at each facility. Fire evacuation plans shall be conspicuously displayed and reviewed with every employee. Assistance from local fire departments may be utilized in developing evacuation plans. Article 57 Section 8 -- The Employer shall establish formal locally administered, first aid training and CPR courses. CPR courses are to be repeated in accordance with the American Red Cross requirement for annual update training. The number of employees to be trained shall be at least one per crew, but in no case less than one per facility. Article 57 Section 9 -- In the event of construction or remodeling within a facility, the Employer shall insure that proper safeguards are maintained to prevent injury to unit employees. If the Employer initiates the use of chemicals or pesticides at the facility, the Union shall be notified sufficiently in advance and advised of the nature and purpose of their use. Article 57 Section 10 -- The Employer agrees to inform employees of their right to enroll in a plan, change options within a plan, or change to a different plan during the annual health benefits "Open Season." The Employer shall furnish employees a copy of all appropriate brochures and keep on file, in the Human Resource Management Division, a copy of each health plan available to employees within its employment jurisdiction. Such copies shall be available for Union examination. Article 57 Section 12 -- The Employer agrees to comply with pertinent regulations promulgated by the FAA or the Office of Workers' Compensation Program (OWCP) when an employee suffers an industrial illness or injury in the performance of his/her assigned duties. When requested, an employee shall be advised of his/her right to file a claim for benefits under the Federal Employees' Compensation Act and of the procedures for filing such a claim. Article 57 Section 13 -- The Employer agrees to provide an employee who is injured while in a work status a copy of the brochure entitled ``112 Questions and Answers About the Federal Employees' Compensation Act'' or any subsequent changes. The Employer further agrees to provide each Facility Representative, Regional Coordinator and Regional Director with a copy of this brochure and to maintain a copy in the Human Resource Management Division. Article 57 Section 14 -- The Employer shall ensure that the entire facility can be secured. The Facility Representative and Air Traffic Manager shall meet and discuss additional necessary security measures. This in no way waives any Union or Employer right. Article 57 Section 15 -- The Union shall be entitled to have one representative on the National Occupational Safety and Health Committee. The committee will meet as frequently as agenda items warrant. Meetings shall be held at least annually. Schedules shall be adjusted to permit the union representative to attend on official time. ARTICLE 58 PARKING Article 58 Section 1 -- The Employer shall provide adequate employee parking accommodations at FAA-owned or FAA-leased air traffic facilities. This space shall be equitably administered among employees in the bargaining unit. There shall be adequate parking spaces at each facility where there are employees with a bona fide physical handicap. Article 58 Section 2 -- At parking facilities under control of FAA, the Employer shall establish procedures which shall allow employees to enter and exit freely without requiring them to wait unreasonably. Article 58 Section 3 -- At those Employer-owned or leased parking areas in locations of known sustained low temperatures, Zero F. or below, the Employer agrees to provide and maintain an adequate number of outdoor electrical outlets for use of the bargaining unit employees. This provision shall also apply to any future acquired parking areas. Article 58 Section 4 -- When the temperature at a location is less than Zero degrees F., the Employer may allow an early vehicle start. These procedures may be negotiated at the local level. Article 58 Section 5 -- Parking accommodations at FAA occupied buildings and facilities shall be governed by applicable laws and regulations. Article 58 Section 6 -- When the Air Traffic Manager has a reserved parking space at a FSS, a space shall be made available to the Facility Representative upon request. Article 58 Section 7 -- When parking is under the Employer's control, every reasonable effort shall be made to provide safe, secure and appropriately lighted, adequate parking at no cost to the employees. The Employer agrees to exercise reasonable care in maintaining the security of the area to the extent of its authority. Article 58 Section 8 -- The Employer agrees to make every reasonable effort to keep all FAA-controlled areas where employees park and walk clear of snow and ice. ARTICLE 59 PROFESSIONAL COMMITTEE Article 59 Section 1 -- The Parties recognize that many areas of mutual interest and concern may be outside the scope of the collective bargaining relationship. The Parties also recognize that it is in the best interest of both Parties to meet, discuss and receive briefings on such issues constructively addressed outside the collective bargaining context. Article 59 Section 2 -- The Parties shall establish a committee which shall meet quarterly to discuss concerns and items of interest including but not limited to the following: a. Environmental Concerns (including space adequacy/management) b. Facility Classification c. Impact of Technological Changes d. National Training Review e. Facility Expansion f. Workplace Automation Article 59 Section 3 -- The committee shall consist of up to 5 representatives from the Union and up to 5 representatives of the Agency. Article 59 Section 4 -- The Union may prepare reports and recommendations on matters of concern which shall be forwarded to the Associate Administrator for Air Traffic for consideration. Article 59 Section 5 -- The Committee shall meet for a period not to exceed 5 days in the Washington, D.C. area or other mutually agreeable location. Exact time and location shall be agreed to by the Parties. Watch schedules shall be adjusted to allow committee members to be on official time. Official time shall also include travel time to and from the meeting. Observers will be permitted by mutual consent but will not be provided official time. Travel expenses are the responsibility of each Party for their respective representatives and observers. Article 59 Section 6 -- The Union shall submit a proposed agenda 30 days prior to each meeting. At least 15 days prior to the meeting, the Employer shall respond in writing with the list of management participants, the specific subject to be addressed including the date and time and any additions to the agenda. Article 59 Section 7 -- The Parties recognize that issues raised at these meetings that deal with personnel policies, practices, and other matters affecting working conditions may be inconsistent with the Union's rights of exclusive representation. However, nothing in this Article shall be considered as a wavier of any Union or management right. ARTICLE 60 FACILITY CLOSINGS AND PART-TIMING Article 60 Section 1 -- Bargaining unit employees at any facility scheduled for closing and consolidation into an automated flight service station (AFSS) shall be offered the opportunity to transfer to that AFSS. Such an employee may submit a list of other FSS/AFSS regional locations where he/she would prefer to be transferred, and, consistent with the staffing requirements of the region, he/she shall be considered for any vacancies at those locations. An employee interested in transferring to AFSS facilities in another region may submit an additional list of out of region locations. Selection for an out of region location requires approval of both the losing and gaining regions. Article 60 Section 2 -- The provisions of Section 1 shall also apply to bargaining unit members who must transfer as a result of part-timing. Article 60 Section 3 -- Bargaining unit members requesting retirement instead of transfer under this Article shall be given maximum consideration and shall be allowed maximum permissible benefits. Article 60 Section 4 -- The Union's regional or national officers shall be kept advised of management's plans to temporarily or permanently close, part-time, remote or decommission any flight service facility. Notification shall be as far in advance as possible of such action. Article 60 Section 5 -- In accordance with governing agency directives, the Employer shall allow bargaining unit employees who are scheduled to be reassigned to an AFSS to swap reassignments with equally qualified employees who are also scheduled for reassignments to an AFSS. To the extent otherwise authorized, any moving expenses shall be paid by the Government. Article 60 Section 6 -- The Employer agrees to give the Union's national headquarters quarterly reports which include the number of employees and hours of operation at each FSS and AFSS facility nationwide. ARTICLE 61 RETURN RIGHTS FROM OVERSEAS LOCATIONS Article 61 Section 1 -- To the extent that the Employer has a need for and maintains an administrative return rights program, the program shall be administered in accordance with applicable directives. In the event this program is subsequently changed, employees on overseas tours are entitled for the remainder of their current tour to the protection of the regulations under which they accepted the overseas assignments. Article 61 Section 2 -- An employee completing a tour of duty outside the contiguous United States shall notify the Employer not prior to 120 calendar days nor less than 90 calendar days before that tour expires that he/she shall or shall not return. Article 61 Section 3 -- Employees exercising return rights to their home region shall be given a list of all existing bargaining unit vacancies within that region which are to be filled and for which they are qualified and they must make a selection from the list supplied. This shall be the position to which he/she returns. Article 61 Section 4 -- The Employer shall advise the employee of his/her specific assignment in the contiguous United States at least 30 calendar days in advance of the expiration date of his/her current tour. ARTICLE 62 DRESS CODE Article 62 Section 1 -- Members of the bargaining unit shall groom and attire themselves in a manner consistent with the community standards. The Parties at the local level shall mutually develop a definition of the community standards and shall negotiaterr procedures for the implementation of the provisions of this Article at that level. Article 62 Section 2 -- Denim material meeting the standards of Section 1 shall be permitted. Neckties shall not be mandatory in any facility. Article 62 Section 3 -- The display and wearing of Union insignia, such as pins, pocket holders or tie tacks, shall be permitted. Apparel shall not be considered inappropriate because it displays the Union logo or insignia. ARTICLE 63 STUDIES AND TESTING OF EMPLOYEES AND THEIR WORKING CONDITIONS Article 63 Section 1 -- Mass study and test participation by controllers shall be on a voluntary basis. All individual medical and psychological information acquired by an outside study group and their associates through a mass study shall be kept confidential and shall not be disclosed to the FAA with identification of participating individuals. Publication of compilation of data resulting from a study of ATCS shall be limited to group statistics which in no way provide a means of identification of individuals. Article 63 Section 2 -- Before entering into a study, controllers shall receive a contractual document stipulating the conditions under which the study shall be conducted and a statement of intent and practice by which data shall be held in confidence. Article 63 Section 3 -- The Employer shall refrain from any efforts to relate data to any individual participant in such a study. Article 63 Section 4 -- Participating controllers or their designated representative shall be afforded an opportunity to review and comment, in advance, on any publication based on or derived from such controller studies. Article 63 Section 5 -- Controllers shall not, as a condition of employment, be required to participate in such studies or individual testing for which there is no similar requirement for other employee groups in the federal service. Article 63 Section 6 -- All tests and examinations shall be conducted on official time. Article 63 Section 7 -- Any travel associated with such studies shall be performed during official duty time and at government expense, including travel and per diem. Article 63 Section 8 -- In accordance with current FAA regulations, an employee shall be paid overtime in all cases where testing and/or examination takes place during regular days off, prior to, or after a regularly scheduled shift. If the employee requests compensatory time off instead of overtime pay, compensatory time shall be granted if permitted under existing provisions of law and regulation. Article 63 Section 9 -- Participating controllers may designate any representative to serve as their liaison between study group and/or FAA. Article 63 Section 10 -- Premature termination of a study shall not affect assurances and stipulations set forth herein. ARTICLE 64 ADVERSE ACTIONS Article 64 Section 1 -- Introduction a. This Article covers actions involving written warnings, written reprimands, suspensions, removals, reductions in grade or pay, or furloughs of 30 days or less. Reductions in grade or removals under 5 USC 4303 are covered by the provisions of Article 42 of this Agreement. The removal of probationers is an exception to this Article and shall be governed by Federal Personnel Manual Chapter 315, Subchapter 8-4. b. Adverse actions may not be taken against an employee except for such cause as will promote the efficiency of the service. Any actions under this Article must be supported by a preponderance of the evidence and warranted by just and substantial cause. Adverse actions must be determined on the merits of each individual case. c. All facts pertaining to a adverse action shall be developed as promptly as possible. Actions under this Article shall be promptly initiated after the facts have been made known to the official responsible for taking the action. The Employer agrees to take action within a reasonable time frame. Article 64 Section 2 -- Adverse actions shall be governed by 5 USC Chapter 75 and the regulations of the Office of Personnel Management. Irrespective of the merits, the Employer may not be sustained if harmful error is shown. Article 64 Section 3 -- An employee against whom an adverse action is proposed which falls under the jurisdiction of the Merit Systems Protection Board (MSPB) may appeal that action to the MSPB or grieve under Article 67 of this Agreement, but not both. Article 64 Section 4 -- Employee Rights An employee against whom action is proposed under this Article shall have the following rights: a. Representation by the Union or by an attorney or other representative of his/her choice. b. To review all of the information relied upon to support the action and to be given a copy upon request. The employee's representative shall also be given a copy of the proposal letter and supporting documentation upon the employee's request. c. 15 calendar days to reply to the proposed action, other than in cases where the Employer invokes the exception in 5 USC 7513(b). Article 64 Section 5 -- At the employee's request, the Union shall be provided with a copy of all correspondence to the employee that is related to the action. Article 64 Section 6 -- Official Time The employee and his/her representative shall be granted a reasonable amount of official time, provided they are otherwise in a duty status: a. of up to 16 hours (in increments of 4 hours) in cases involving removals, reductions in grade or pay, furloughs of 30 days or less (except for agency-wide furloughs for which official time normally shall not exceed 2 hours), or suspensions of more than 14 days; b. of up to 8 hours (in increments of 4 hours) in cases involving suspensions of 14 days or less; c. and up to 4 hours in other cases; for preparation and presentation of answers to proposed actions under this Article. The official time authorized in this section may be extended for good cause. Watch schedules may be adjusted. Article 64 Section 7 -- Letters or records of confirmation of discussion shall not be issued to employees nor placed in their Official Personnel Folder (OPF). Article 64 Section 8 -- Prior Discipline and Current Misconduct a. Only those previous actions related to the instant charge shall be cited against the employee. In unusual circumstances, previous unrelated actions which resulted in formal disciplinary actions may be cited. b. In any event, no adverse action may be based in total or in part on previous acts unless those acts occurred within the previous 24 months and were known by the Employer, or the Employer may have been reasonably expected to have known of them. c. The provisions of subsection b do not apply to employees for whom removal had been proposed for alcohol/drug related offenses. Article 64 Section 9 -- Administrative reassignments or transfers to other facilities or locations, retraining and/or recertification shall not normally be used in lieu of adverse actions. Article 64 Section 10 -- In the event it is necessary for the employee to be removed from the work place, an indefinite suspension may be instituted pursuant to law and government-wide regulations. Article 64 Section 11 -- Waivers to the time constraints under this Article may be granted by mutual agreement of the Parties. ARTICLE 65 EMPLOYEE REPRESENTATION Article 65 Section 1 -- When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinary or potential disciplinary situation, the employee shall be so notified in advance. The employee shall also be notified of his/her right to be accompanied by a Union representative if he/she so desires, and shall be given a reasonable opportunity to obtain such representation before the beginning of the meeting, if requested. If, during the course of a meeting, it becomes apparent for the first time that discipline, or potential discipline, could arise, the Employer shall stop the meeting and inform the employee of his/her right to representation if he/she so desires, and provide a reasonable opportunity to obtain representation before proceeding with the meeting, if requested. This Section applies to meetings conducted by all management representatives, including DOT/FAA security agents and agents of the Inspector General. The above provisions shall apply to meetings conducted by the National Transportation Safety Board (NTSB) to the extent the provisions are consistent with NTSB regulations and procedures. Representational rights in operational error/deviation situations are covered by Article 32 of this Agreement. Article 65 Section 2 -- No disciplinary action may result from any such meeting unless the provisions of this Article have been met. Article 65 Section 3 -- The Union shall be given the opportunity to be represented at any formal discussion between 1 or more representatives of the Employer and 1 or more employees in the unit concerning grievances or personnel policies or other conditions of employment. ARTICLE 66 ACADEMY REPRESENTATION Article 66 Section 1 -- The Parties recognize the responsibility and right of NAATS to represent bargaining unit employees who are attending the FAA Academy (Mike Monroney Aeronautical Center). Article 66 Section 2 -- The Union and all members of the bargaining unit shall be afforded all representational rights guaranteed by this Agreement while at the Academy. To exercise these representational rights the Parties recognize the need for certain accommodations: The Union will provide the Academy with advance notice in writing of its intentions to send a representative of the Union to the Academy. The Academy will provide an appropriate location for the Union representative to meet with students during non-class time. The Academy will notify those classes with bargaining unit members of the Union's presence and location. Article 66 Section 3 -- The Parties agree that Academy management has no responsibility or authority to bargain or negotiate directly with the Union. However, management will designate a point of contact at the Academy to assist the members of the unit and Union officials with Academy issues. Article 66 Section 4 -- The Parties agree that it is appropriate for unit members assigned to training at the Academy to abide by Academy rules and regulations. Unit members attending FSS/AFSS training will adhere to the dress code set out in Article 62 of this Agreement. ARTICLE 67 GRIEVANCE PROCEDURE Article 67 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 unit employee; or c. By a unit employee or either Party concerning: 1. The effect or interpretation, or claim of breach of this Collective Bargaining Agreement; or 2. 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. d. By an employee or the Union concerning any matter relating to employment not covered by any other areas of the Agreement. Article 67 Section 2 -- This Article provides the procedure for the timely consideration of grievances. Except as limited or modified by Section 3, Section 4, Section 5 and Section 6, it shall be the exclusive procedure available to the Parties and the employees in the unit for resolving 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 having the authority to grant the remedy sought. Article 67 Section 3 -- This procedure shall not apply to any grievance concerning: a. Any claimed violation of 5 USC Chapter 73, Subchapter III (relating to prohibited political activities); b. Retirement, life insurance, or health insurance; c. A suspension or removal under 5 USC 7532 (relating to National Security matters); d. Any examination, certification, or appointment (as required by 5 USC 7121(c)(4)); e. The classification of any position that does not result in the reduction in grade or pay of an employee; or f. Reduction-in-Force (RIF) actions. Article 67 Section 4 -- In matters relating to 5 USC 2302(b)(1) dealing with certain discriminatory practices, an aggrieved employee shall have the option of utilizing this grievance procedure or any other procedure available in law or regulation. Article 67 Section 5 -- In matters covered by 5 USC 4303 (removal or reduction in grade for unacceptable performance) or 5 USC 7512 (removal, suspension for more than 14 days, a reduction in grade, a reduction in pay and a furlough of 30 days or less) an aggrieved employee shall have the option of utilizing this procedure or the appellate procedures in 5 USC 7701, but not both. Article 67 Section 6 -- In matters relating to the Fair Labor Standards Act (FLSA), as amended, the compliance and complaint systems shall be administered in accordance with Federal Personnel Manual Letter 551-9, dated March 30, 1976, or other applicable Office of Personnel Management regulations. Article 67 Section 7 -- 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. The right of individual presentation does not include the right of taking the matter to arbitration unless the Union agrees to do so. Article 67 Section 8 -- Grievances Filed by Employees. Step 1. Informal Level: Prior to submitting a written grievance, the employee and/or his/her representative shall seek resolution to the issue giving rise to the grievance through informal discussions with the employee's first line supervisor. Step 2. Formal Level: If the employee or the Union is not satisfied with the answer, a formal grievance may be submitted to the Air Traffic Manager within 30 calendar days of the event giving rise to the grievance or within 30 calendar days of the time the employee may have been reasonably expected to have learned of the event. The grievance shall be submitted in writing on a grievance form. If requested, the Air Traffic Manager shall, prior to making a decision, afford the employee and/or Union representative an opportunity to present the grievance orally. The employee and his/her representative shall be given a reasonable amount of official time to present the grievance. The decision of the Air Traffic Manager shall be delivered in writing to the employee and/or Union representative within 30 calendar days following receipt of the written grievance. The decision shall be delivered personally to the employee, and/or his/her representative, if on duty at that facility. Otherwise, another appropriate method of delivery shall be used. Step 3. Regional Review: If the Union is not satisfied with the decision, the Union may within 30 calendar days following receipt of the decision advise the Manager, Labor Relations Branch, Regional Headquarters, that it desires the matter be reviewed by the Manager, Air Traffic Division, or his/her designee. If requested, the Air Traffic Division Manager or his/her designee shall, prior to making a decision, afford the Union an opportunity to present the grievance orally. The Union shall be notified in writing within 30 calendar days of the regional decision. At least once quarterly, and more often if mutually agreed to, the Union's Regional Director, or his/her designee, and the Manager, Air Traffic Division, and the Manager, Labor Relations Branch, or their designees, 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. Appropriate means shall be used to determine timeliness under this step. The Employer shall confirm the resolution of any grievance reached at this meeting, in writing, to the Union's Regional Director within 10 days of the meeting. Unless mutually agreed to otherwise, all requests/responses in this step shall be in writing. Step 4. National Level: If the Union is not satisfied with the answer and desires the matter to be submitted to arbitration, they shall, at the national level, so advise the Employer at the national level by certified mail within 30 calendar days following receipt of the Employer's answer or the date the answer was due. Article 67 Section 9 -- Grievances Filed by Union or Employer. Step 1. In the case of any grievance which the Union/Employer at the facility, regional or national level may have against the Union/Employer at the corresponding level shall, at that level, submit the grievance to the other Party in writing within 30 calendar days of the event giving rise to the grievance or within 30 calendar days of the time the moving Party may have been reasonably expected to have learned of the event and shall provide the following information: a. The facts upon which the grievance is based. b. The Article and Section of the Agreement alleged to have been violated. c. The corrective action sought. The responding Party shall answer the grievance in writing within 30 calendar days following the date the grievance was received. Step 2. For grievances filed at the facility level, the provisions of Section 8, Step 3, apply. Step 3. If the Union/Employer is not satisfied with the answer and desires the matter to be submitted to arbitration, they shall, at the national level, so advise the Union/Employer at the national level by certified mail within 30 calendar days following receipt of the Union/Employer's answer or the date the answer was due. Article 67 Section 10 -- Failure of a grievant to proceed with a grievance within any of the time limits specified in this Article shall render the grievance void or settled on the basis of the last decision given by management, unless an extension of time limits has been agreed upon. Failure of management to render a decision within the time limits specified in this Article shall automatically raise the grievance to the next level unless the Union or grievant as appropriate agree that the grievance should not be escalated. Article 67 Section 11 -- The filing of a grievance shall not be construed as reflecting unfavorably on an employee's good standing, performance, loyalty or desirability to the FAA. Article 67 Section 12 -- Arbitrations a. The Parties shall create a panel of 3 mutually acceptable arbitrators in each FAA Region. A national panel of 3 mutually acceptable arbitrators shall also be selected by the Parties. Either Party may unilaterally remove an arbitrator from the panel and another arbitrator shall be mutually selected to fill the vacancy. An arbitrator shall be selected from the panel by the Parties or by alternately striking names until 1 remains. If a hearing is not scheduled within 12 months the grievance is void. An extension of time limits may be mutually agreed upon. b. For all arbitration hearings held under this Article (subject to the provisions in Section 67-12f and Section 13 below), the following provisions shall apply. The grievance shall be heard by the arbitrator 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. Union representatives shall be given a reasonable amount of official time for the preparation of the grievance in accordance with Article 4 Section 12. FAA employees who are called as witnesses shall be in a duty status if otherwise in a duty status. Management agrees to adjust the schedules of witnesses, when operational requirements permit, 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 Employer agrees to make every reasonable effort to produce witnesses requested by the Union. The arbitrator shall submit his/her report to the representatives of each Party, as soon as possible, but in no event later than 30 days following the close of the record before him/her unless the Parties waive this requirement. The decision of the arbitrator is final and binding. c. The arbitrator's fees and expenses of arbitration incurred under this Article shall be borne equally by the Parties. If a verbatim transcript of the hearing is made and either Party desires a copy of the transcript, that Party shall bear the expense of the copy or copies they obtain. The Parties shall share equally the cost of the transcript, if any, supplied the arbitrator. 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 so 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, by mutual agreement, agree to stipulate the facts and the issue in a particular case directly to an arbitrator for decision without a formal hearing. Argument will be by written brief. g. The Parties shall provide each other a list of all potential witnesses that may be called at the hearing at least 7 days prior to the hearing date. Article 67 Section 13 -- Expedited Arbitrations a. If the Union at the national level elects to process an adverse action under this Section, rather than Section 8, it shall within 30 calendar days following the final decision to take adverse action, notify the Regional Labor Relations Branch 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 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 1 remains. An arbitrator unable to hear an expedited arbitration case within 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 necessity for transcripts or filing of briefs shall be determined on a case-by-case basis. The arbitrator shall submit his/her report to the representatives of each Party, as soon as possible, but in no event later than 21 days following the close of the record before him/her unless the Parties waive this requirement. The decision of the arbitrator is final and binding. b. In cases other than 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 as soon as possible, but no later than 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 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. c. 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. Article 67 Section 14 -- The Parties retain their rights under 5 USC 7122 and 5 USC 7123. ARTICLE 68 CONTROLLER-IN-CHARGE (CIC) DUTIES Article 68 Section 1 -- CIC duties shall be assigned in accordance with FAA Order 7210.3, Facility Management, and changes thereto. Article 68 Section 2 -- The CIC is intended to provide a work group leader for the continuous operation of a facility or area where a supervisor is not available. Assignments of bargaining unit employees to CIC duties are used, when necessary, to supplement the supervisory staff, but not to eliminate the need for filling a vacant supervisory position. Article 68 Section 3 -- When assigned CIC duties, a bargaining unit employee shall be given sufficient authority to fulfill the responsibilities of the assignment. General guidance and/or goals for the shift may be conveyed in facility directives and/or during the shift/area position briefing. ARTICLE 69 CONTRACTING OUT Article 69 Section 1 -- Prior to contracting out or reassigning to another agency or organization any function currently performed by bargaining unit employees, the Employer will negotiate the impact of this decision with the Union to the full extent required by law. ARTICLE 70 REDUCTION-IN-FORCE (RIF) PROCEDURES Article 70 Section 1 -- The Employer agrees to avoid or minimize a RIF by taking such actions as restricting recruitment and promotions, by meeting ceiling limitations through normal attrition and by reassignment of qualified surplus employees to vacant positions. Article 70 Section 2 -- The Employer agrees to notify the Union when it is determined that RIF actions shall be necessary within the unit. The Union shall be notified as to the number of positions to be reduced and the vacant positions that the Employer has authorized for staffing. Article 70 Section 3 -- In the event of a RIF action, the Employer shall negotiate with the Union regarding the procedures to be used in effecting the RIF. Article 70 Section 4 -- In the event of a RIF the affected employee and/or his/her Union representative shall, upon request, be provided access to master retention registers relative to his/her involvement. Article 70 Section 5 -- The Union shall be provided at the end of the RIF with a list of all vacancies filled during the RIF. Article 70 Section 6 -- All RIFs shall be administered in accordance with prescribed laws and OPM regulations. ARTICLE 71 RECORD OF MEETINGS Article 71 Section 1 -- Meetings between the Union and the Employer may be recorded by mutual agreement. ARTICLE 72 PRIVILEGED COMMUNICATIONS Article 72 Section 1 -- Union representatives shall not be required to disclose communications with members of the bargaining unit which occurred during the performance of representational duties. ARTICLE 73 EMPLOYEE ASSISTANCE PROGRAM (EAP) Article 73 Section 1 -- The Employee Assistance Program shall cover such matters as financial (debts, supplementary income, etc.); family (marital relations, in-law problems, child-parent relations, etc.); health (medical, alcoholism, drug abuse, mental illness, psychological counseling, stress reduction, critical incident stress intervention, etc.); consumer (housing, fraud, etc.); and miscellaneous (legal aid, recreation, education, etc.). Article 73 Section 2 -- The Employer shall maintain an Alcohol and Drug Assistance Program to make available to employees information and referral services. Treatment of alcoholism and chemical dependency health problems and attendant costs is the responsibility of the employee. Employees shall be afforded protection against discriminatory employment practices due to a history of alcoholism or drug dependency in accordance with Public Law 91-616 and Public Law 92-255. Article 73 Section 3 -- The Employee Assistance Program shall be carried out as a non-disciplinary procedure. Employee participation is voluntary. Article 73 Section 4 -- The Union may designate one bargaining unit member at each facility to serve as an employee assistance representative. The Union shall notify the Air Traffic Manager and the Employer's appropriate regional EAP contact of their designated members and of any subsequent changes. Each Union EAP representative will be granted up to 8 hours of official time to obtain training and information from the agency on services available through the EAP and the procedures and confidentiality associated with them. This training will be done at a mutually agreeable site. Article 73 Section 5 -- Confidentiality of records shall be maintained by both Parties in accordance with governing Office of Personnel Management regulations. Article 73 Section 6 -- This Article is not to be construed as condoning illegal activities or disciplinary infractions, or prohibiting initiation of an adverse action by the Employer. Article 73 Section 7 -- Employees retain all rights as set out under the negotiated grievance procedure in Article 67 of this Agreement. ARTICLE 74 DRUG TESTING Article 74 Section 1 -- All collection and drug testing conducted by the Employer shall be done in accordance with DOT Order 3910.1B, and any subsequent changes, applicable law, and government-wide rules and regulations, including the mandatory policies and procedures contained in the Department of Health and Human Services' ``Scientific and Technical Guidelines for Drug Testing Programs.'' Article 74 Section 2 -- The Parties recognize that it is the Employer's policy to assure the establishment and maintenance of a drug-free workplace. The Employer agrees to make every effort to fully inform employees about the goals, objectives, policies, and procedures of its drug-free workplace program and to ensure that the program is implemented in a fair and equitable manner. Article 74 Section 3 -- The Employer will attempt to notify the Union representative or his/her designee of the arrival, at the facility, of the collector for the purpose of conducting random drug testing of bargaining unit employees. The facility/regional representative may request, in writing from the Regional Drug Program Coordinator, a copy of the clean/sanitized drug test list within 5 days after testing is completed. Article 74 Section 4 -- If available, alternative restrooms will be designated for normal use when a facility restroom is designated as the collection site. Article 74 Section 5 -- Operational requirements permitting, every reasonable effort shall be made to accommodate employee requests for annual or sick leave immediately upon completion of a drug test in order to allow the employee to secure back up testing in a timely manner. Individuals who are granted such leave may be required, upon request, to provide proof that back up testing was accomplished. Employees are not required to provide the results of such tests. Article 74 Section 6 -- The Employer shall convene a meeting annually at the national level for the Union's national officers and Regional Directors for the express purpose of presenting a detailed review of the drug testing program and for exchanging views on the program as they concern bargaining unit employees. The exchange of views shall not be construed as constituting or requiring negotiations. The Employer agrees to pay travel and per diem costs associated with attendance at the annual meeting. Article 74 Section 7 -- The Employer recognizes its obligation to make every reasonable effort to ensure the protection of bargaining unit employees' dignity and privacy during drug testing. Article 74 Section 8 -- Upon request, Facility Representatives shall be provided with a copy of DOT Order 3910.1B and any subsequent changes. ARTICLE 75 PERSONAL PROPERTY CLAIMS Article 75 Section 1 -- Employees may make claims for damage to or loss of personal property resulting from incidents related to the performance of their duties while in a duty status. Article 75 Section 2 -- The Employer agrees to assist a claimant in the proper filing of any such claim. ARTICLE 76 WORKGROUPS/COMMITTEES Article 76 Section 1 -- Technical workgroups/committees established by the Employer shall be precluded from discussing/formulating changes in conditions of employment, personnel policies, practices and other matters affecting working conditions reserved exclusively for the Union under the Statute. ARTICLE 77 EFFECT OF THE AGREEMENT Article 77 Section 1 -- Any provision of this Agreement shall be determined a valid exception to and shall supersede any existing Agency rules, regulations, orders and practices which are in conflict with the Agreement. ARTICLE 78 DURATION/REOPENER Article 78 Section 1 -- In the event legislation is enacted which affects any provision of this Agreement, the Parties, at the request of the Union, shall reopen that provision and renegotiate. Article 78 Section 2 -- In the event new or changed legislation requires negotiation in areas now prohibited, the Employer agrees to negotiate with the Union on all such matters upon request. Article 78 Section 3 -- Any implementing regulations of the Federal Labor Relations Authority affecting a provision of the Agreement or the relationships of the Parties shall serve as the basis for the reopening of the Agreement to renegotiate the affected provisions upon request. Article 78 Section 4 -- In the event that any law or action of the Government of the United States renders null and void any provision of the Agreement, the remaining provisions of the agreement shall continue in effect for the term of the Agreement. Article 78 Section 5 -- This Agreement is for a period of 4 years and shall become effective on the date it is approved by the FAA Administrator or his designee and ratified by the membership of the Union. It shall automatically renew unless either Party gives written notice to the other of its desire to amend or terminate the Agreement. The written notice must be given not more than 105 calendar days or not less than 60 calendar days preceding the expiration date of this Agreement. Within 30 calendar days after receipt of the written notice, the Parties will meet and begin negotiations. Negotiation procedures will be set by mutual agreement of the chief negotiators. The Union's chief negotiator shall be on official time for the duration of the negotiation procedures session(s). If negotiations are not completed prior to the expiration date, this Agreement shall remain in full force and effect until a new agreement is reached. If this Agreement is automatically extended under the terms of this Article, government-wide regulations, and the policies of DOT and FAA, current at the time of extension, shall be controlling in the event of conflict or incompatibility with the Agreement. ARTICLE 79 FACILITY EXPANSION Article 79 Section 1 -- The Parties acknowledge that the Union has a valid interest in facility space requirements. Prior to the Air Traffic Manager's submission of the facility input to the regional budget process, the Facility Representative is encouraged to provide written input. This input should be received by January 15 each year for appropriate consideration. Article 79 Section 2 -- Regional level discussions between the Air Traffic Division Manager and the Union's Regional Director, or their designees, shall be held upon request. ENROUTE FLIGHT ADVISORY SERVICE (EFAS) TRAINING Article 80 Section 1 -- The Parties recognize that EFAS training is available on a limited basis. Article 80 Section 2 -- First priority for EFAS class slots goes to personnel whose position requires EFAS certification. Article 80 Section 3 -- When additional EFAS training slots are available, other bargaining unit employees are eligible to attend EFAS training. These training slots will be filled from a list of bargaining unit employees who have requested to receive this training. Article 80 Section 4 -- The Parties recognize that to maintain EFAS proficiency only a limited number of specialists can be rotated through the position. The Employer will attempt to allow EFAS trained personnel to periodically rotate through the position. This rotation shall not impact operational requirements or efficient manpower utilization. SEARCH AND RESCUE (SAR) ACTIVITY Article 81 Section 1 -- Whenever any activity is initiated on any overdue aircraft, a record of the various steps of SAR activity (i.e. QALQ, Information Request (INREQ), Alert Notice (ALNOT)) shall be maintained in all Model 1 Full Capacity (M1FC) AFSSs (or subsequent AFSSs). Article 81 Section 2. -- On a semi-annual basis, the Employer shall provide each Union Regional Director a listing of all SAR activity within the region by M1FC AFSSs (or subsequent AFSSs). This list shall also include a listing by facility of all flight assists during that time period. Article 81 Section 3 -- This information will be furnished upon completion of the necessary computer software enhancements, which will require appropriate FAA actions (e.g., National Change Proposal (NCP), Configuration Control Board (CCB), and software packaging and release activities). NATIONAL TRANSPORTATION SAFETY BOARD (NTSB) UNION REPRESENTATIVES Article 82 Section 1 -- The Parties recognize that the right of Union representatives to participate in NTSB investigations is at the complete discretion of the NTSB. Should NTSB allow Union representatives to participate, the following procedures shall apply to no more than 2 such representatives per region to be named by the Union. Article 82 Section 2 -- The Union representatives specified in Section 1 shall be placed on the respective regional office call list for notification of an accident or incident in the region involving fatalities or injuries in which services, including weather, provided by a member of the bargaining unit are a factor. Article 82 Section 3 -- When a Union representative participates in an NTSB accident/incident investigation, the Employer shall grant such representative official time. Article 82 Section 4 -- In accordance with Section 3 above, Union representatives shall be relieved as soon as operationally possible from their normal duties to immediately proceed to the scene of an accident or incident of appropriate significance. Article 82 Section 5 -- Employees designated as representatives under this Article who desire to attend accident/incident investigation courses shall be granted annual leave or LWOP to attend such courses up to a maximum of 4 weeks per employee per calendar year. Article 82 Section 6 -- Subject to operational requirements, the Employer shall grant annual leave or LWOP for a Union representative from the involved facility or facilities to attend NTSB hearings. SURVEYS AND QUESTIONNAIRES Article 83 Section 1 -- The Employer recognizes that it is in its interest to have Union support for surveys of bargaining unit employees. Prior to conducting any survey, the Employer will provide the Union an opportunity to review and comment on the questions and related issues of the survey. Article 83 Section 2 -- Any survey conducted of bargaining unit members shall be done on official time. Article 83 Section 3 -- When available, the Union shall be provided with the geographical/organizational distribution of surveys which are distributed on a random sample basis. Article 83 Section 4 -- The Union shall be afforded the opportunity to review and comment in advance on any publication based on or derived from survey results. Article 83 Section 5 -- Union officials shall be provided a copy of bargaining unit survey results at the same time they are distributed to the corresponding level of management. Article 83 Section 6 -- Participation in surveys by bargaining unit employees shall be voluntary. FACILITY EVALUATIONS Article 84 Section 1 -- When a full facility check evaluation is conducted at an AFSS facility, the Union at the local level may appoint 1 bargaining unit member to serve on the evaluation team. The Union-appointed team member shall be on official duty status and will function at the direction of the evaluation team leader. Article 84 Section 2 -- When a full facility check evaluation is conducted at a non-Automated Flight Service Station (FSS) facility with less than 5 on board FPLs, local level Union participation will be subject to operational requirements. When a local bargaining unit member can not be released to serve on the evaluation team, the Parties agree to allow a Union representative from the Hub AFSS to participate. The Union-appointed team member shall be on official time, including travel time and will function at the direction of the evaluation team leader. Travel expenses will be the responsibility of the Union. Article 84 Section 3 -- The appointed Union representative may attend round table discussions and debriefings to facility management whenever the full team is assembled for the purpose of such discussions or briefings. The Parties recognize that participation in all team activities may involve working outside the normal duty hours and that Union participation is strictly voluntary. No overtime is authorized or will be paid for time spent serving as a member of the evaluation team. Article 84 Section 4 -- The local Union representative shall be given a copy of the final evaluation report at the time the report is given to the facility manager. CHILD CARE Article 85 Section 1 -- The Parties recognize the relationship of adequate child care to employee satisfaction and productivity. However, the Parties further recognize that it is not within the authority of the Employer to directly provide on-site child care at FAA facilities. Article 85 Section 2 -- In accordance with governing regulations, the Employer shall provide advice and assistance concerning employee child care. Such advice and assistance may include conducting needs assessment surveys, maintaining information about suitable private child care facilities available to employees, and maintaining information about tuition assistance programs. Article 85 Section 3 -- In accordance with governing regulations, the Employer may provide available government-owned or leased space and space-related services without charge for the purpose of establishing child care facilities in or near FAA facilities. Factors which impact on the Employer's ability to provide such space include the availability of space and/or funds, the number of employees at a location, and the demand for child care at that location as indicated by a needs assessment survey. Article 85 Section 4 -- When private, not-for-profit groups are formed for the purpose of establishing on-site or off-site child care facilities, the Union shall be entitled to name a representative on the group. The representative will be allowed official time to participate in the activities of the group if otherwise in a duty status. SPECIAL ASSIGNMENTS/BENEFITS Article 86 Section 1 -- The Parties agree to negotiate at the appropriate level (facility or region) concerning the impact and implementation of detailing bargaining unit employees to work at scheduled special events, such as annual air shows and sporting events. Article 86 Section 2 -- The Employer may approve mutual reassignments of employees of equal grade and qualifications, provided both performance ratings are at least fully successful. Such mutual reassignments are subject to the approval of both facility managers. Factors which may preclude mutual reassignments include staffing and FPL levels at the employees' facilities and each employee receiving medical and security clearances from the gaining regions. Meeting these requirements does not imply approval of the request. The Employer reserves the right to approve or disapprove any request at its discretion. These reassignments will be at the employees' expense. Article 86 Section 3 -- Printed materials on issues such as financial planning, impact of Medicare and Social Security on federal employees, shall be made available to bargaining unit employees upon request and in a timely manner. SENIORITY Article 87 Section 1 -- For the purpose of this Agreement, seniority shall be based on service computation date unless otherwise determined by the Parties at the local level. SMOKING IN FACILITIES Article 88 Section 1 -- Indoor smoking shall be prohibited at all Flight Service Stations, except where only one person is used to staff a shift, cigarette smoking shall be permitted within the work environment. In facilities with two stories or more, indoor smoking shall be negotiated locally on a site-specific basis. Article 88 Section 2 -- The Agency shall designate an outside area connected to each facility or free-standing, that is reasonably accessible to employees, and provides reasonable protection from the elements. Reasonable protection shall be negotiated at the regional level. Article 88 Section 3 -- The Agency shall maintain a paging or messenger system within and around the smoking area that would allow the Agency to recall smokers to their duty stations quickly should an emergency arise. Article 88 Section 4 -- Management shall permit reasonable smoking breaks consistent with operational requirements. Scheduling breaks is a management responsibility which must be met except for actual traffic considerations. Article 88 Section 5 -- All bargaining unit employees who smoke shall receive official time in order to travel and attend smoking cessation classes offered by the Agency. Such classes shall be at no cost to the employee. The granting of official time for this purpose is subject to operational requirements. Article 88 Section 6 -- In the event the Employer or the Union at the national level are unable to resolve a dispute concerning this Article, or any item pertaining to smoking, the specific issue shall be submitted to an interest arbitrator for mediation/arbitration at the national level. Article 88 Section 7 -- The terms of this Article shall not be construed as an admission by the Employer of an unlawful or improper act against the union or any employee. The Employer specifically disclaims any liability to the Union, any employee or any other person. REQUIRED MEETINGS Article 89 Section 1 -- The Parties agree that the Employer has the sole responsibility to determine the agency budget. Certain mandatory meetings called for in this Agreement require both Parties to travel. PART-TIME/JOB SHARING EMPLOYMENT Article 90 Section 1 -- The Employer may make part-time/job share employment opportunities available, consistent with the Employer's resource and operational requirements. The Employer recognizes that part-time employment may be particularly appropriate for the following classes of employees: a. Employees seeking a gradual transition into retirement: b. Temporarily-disabled individuals and others who require a reduced workweek; c. Parents who must balance family responsibilities with the need for additional income; d. Students who must finance their own education and training; and e. Retired ATCSs who would like to return to work on a limited basis. Article 90 Section 2 -- When the Employer allows part-time/job share opportunities, the guidelines of the Federal Employment Part-Time Career Employment Act (PTCA) of 1978, as amended, will be followed. The text of this Act will be made available upon request. Article 90 Section 3 -- Before an employee is assigned to a PTCA position, the Employer will, upon request, brief the employee on the impact of this assignment on the following: retirement, reduction-in-force, health and life insurance, promotions, step increases and the opportunity to return to a full-time position. Article 90 Section 4 -- Placement of part-time employees in the watch schedule rotation pattern will be negotiated between the facility manager and the Facility Representative. FARE SUBSIDIES Article 91 Section 1 -- Public Law 101-509, specifically Section 629 of the Treasury, Postal Service and General Government Appropriations Act of 1991, provides for a rules change to government policy in that the Employer can subsidize an employee's cost of commuting to and from work. Fare subsidies shall be provided to employees in accordance with DOT Order 3560.1 and DOT Order 3560.2 and any subsequent changes to those Orders. Article 91 Section 2 -- Fare subsidies are applicable to employees at field locations where there is a program established by a state or local government that encourages employees to use public transportation. Only employees who are not named on a work site motor vehicle parking permit, and who commute via public mass transportation may participate in the transit benefit program. Article 91 Section 3 -- Fare media (e.g. tokens and fare cards) are not transferable and are to be used only for the commute to and/or from work. Giving or selling fare media to other individuals or purchasing the same from another is prohibited even if the other individual is eligible to receive a benefit. Article 91 Section 4 -- The monthly benefit shall not exceed the amount established by DOT Order 3560.1 and DOT Order 3560.2 or the local monthly cost of public mass transportation, whichever is less. Article 91 Section 5 -- The applicant shall complete a one-time ``Application for Transit Benefit.'' All participants shall certify in writing that they are eligible for a transit benefit for their commute to and/or from work and will not transfer the fare media to any other individual. CULTURAL DIVERSITY Article 92 Section 1 -- The Union and the Employer agree that racial and sexual discrimination are intolerable in the workplace. The Employer agrees to provide a workplace for bargaining unit members that is free of racism, sexism or any other form of discrimination. Article 92 Section 2 -- Cultural Diversity workshops shall be made available to all bargaining unit employees. ORDERS AND REGULATIONS REFERENCES Article 93 Section 1 -- It is appropriate for management to respond to reasonable requests from Union officials for copies of rules, regulations, and orders, that are pertinent to an issue. |