J-3.1 Midwest ATCS-NATCA Collective Bargaining Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN THE

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION

(NATCA)

AND

MIDWEST AIR TRAFFIC CONTROL SERVICE, INC.

2016 - 2020

COLLECTIVE BARGAINING AGREEMENT

BETWEEN THE

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION

(NATCA)

AND

MIDWEST AIR TRAFFIC CONTROL SERVICE, INC.

2016 - 2020

TABLE OF CONTENTS

ARTICLE I: PARTIES TO THE AGREEMENT

ARTICLE 2: UNION RECOGNITION AND REPRESENTATION

ARTICLE 3: RJGHTS OF UNION OFFICIAL

ARTICLE 4: EMPLOYEE RIGHTS

ARTICLE 5: EMPLOYER RJGHTS

ARTICLE 6: REPRESENTATION RJGHTS

ARTICLE 7: CHANGES IN WORKING CONDITIONS

ARTICLE 8: INFORMAL PROBLEM SOL YING

ARTICLE 9: GRIEVANCE PROCEDURE

ARTICLE 10: DISCIPLINARY ACTIONS

ARTICLE 11 : DUES WITHHOLDING

ARTICLE 12: SENIORITY

ARTICLE 13: PAY ADMINISTRATION

ARTICLE 14: WORKING HOURS

ARTICLE 15: LA YOFF AND RECALL

ARTICLE 16: HOLIDAYS

ARTICLE 17: VACANCIES

ARTICLE 18: NO STRIKE/LOCKOUT

ARTICLE 19: TRAINING

ARTICLE 20: EMPLOYEE RECORDS

ARTICLE 21: INJURY COMPENSATION

ARTICLE 22: EMPLOYEE RECERTIFICATION

ARTICLE 23: POSITION DESCRJPTIONS

ARTICLE 24: EMPLOYEE ASSISTANCE PROGRAM

ARTICLE 25: OVERTIME

ARTICLE 26: MEDICAL QUALIFICATIONS

ARTICLE 27: MEAL PERJODS AND BREAKS

ARTICLE 28: PERSONAL PROPERTY REPLACEMENT

ARTICLE 29: CRITICAL INCIDENT STRESS DEBRIEFING (CISD)

ARTICLE 30: UNION PUBLICATIONS AND USE OF EMPLOYER FACILITIES

ARTICLE 3 1: CONTROLLER PERFORMANCE

ARTICLE 32: PARKING

ARTICLE 33: AIR TRAFFIC CONTROL FACILITY EVALUATIONS

ARTICLE 34: VACATION AND PERSONAL DAYS

ARTICLE 35: HEALTH AND WELFARE

ARTICLE 36: PROTECTIVE PROVISIONS

ARTICLE 37: WAGES

ARTICLE 38: DRESS CODE

ARTICLE 39: EMPLOYER DOCUMENTS

ARTICLE 40: SURVEYS

ARTICLE 41: SUBSTANCE TESTING

ARTICLE 42: TRAVEL EXPENSES

ARTICLE 43: OCCUPATIONAL SAFETY AND HEALTH

ARTICLE 44: NEW FACILIT IES/CURRENT FAC ILITY EXPANSION

ARTICLE 45: AUTOMATIC EXTERNAL DEFIBRILATION (AED)

ARTICLE 46: NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)

ARTICLE 47: WHISTLEBLOWER PROTECTION

ARTICLE 48: WAIVER OF OVERPAYMENT

ARTICLE 49: HARDSHIP TRANSFERS

ARTICLE 50: VOLUNTARY ALLOTMENTS

ARTICLE 51 : LEGISLATIVE ACTIVITIES

Page

3 1

ARTICLE 52: DATA SECURITY

ARTICLE 53: NON-DISCLOSURE AGREEMENTS

ARTICLE 54: EFFECT OF THE AGREEMENTS

ARTICLE 55: DURATION

APPENDIX I - WAGE RA TES

APPENDIX II - ASAP

APPENDIX III - MOLOKAI MOU

APPENDIX IV - GRIEVANCE FORM

APPENDIX V - PRE-ARBITRATION DECISION FORM

ARTICLE I

PARTIES TO THE AGREEMENT

Section I. This Master Collective Bargaining Agreement (hereinafter, "Agreement") is made by and between the National Air Traffic Controllers Association (hereinafter, "NATCA" or the "Union") and Midwest Air Traffic Control Service, Inc. (hereinafter, "Midwest" or the "Company" or "the Employer"). The Union and the Employer are herein referred to collectively as "the Parties."

Section 2. Neither the Company, the Union, nor any of their agents shall interfere with, restrain, coerce or intimidate its employees because of membership or non-membership in the Union. It is agreed that there shall be no discrimination by the Company or the Union against any employee or applicant for employment who is a bargaining unit member on the basis of race or color, religion or creed, sex or sexual orientation, national origin or ancestry, age, handicap or disability, past, present or future membership in the uniformed services, citizenship status or intending citizenship status, Union membership or activity, or any other class protected by applicable local, state or federal law.

ARTICLE2

UNION RECOGNITION AND REPRESENTATION

Section I. The Employer hereby recognizes the Union as the exclusive bargaining representative of air traffic control specialists employed at the air traffic control towers listed in Appendix I to this Agreement (hereinafter, "Employee" or "Employees").

Section 2. If the bargaining units described in Section I of this Article are amended to include other employees, those Employees shall be covered by this Agreement.

Section 3. The Employer and Union agree that with respect to each of the Employer's other facilities where NA TCA is or becomes the exclusive bargaining representative, the terms and conditions of this Agreement shall become applicable to the Employees employed at such facility(ies), and Appendix I shall be amended accordingly.

Section 4. The Union shall designate one (I) Union representative to serve in a representational capacity at each facility where NATCA is the exclusive bargaining agent of the Employees (hereinafter, "Principal Facility Representative"). This designation shall be in writing to the Air Traffic Manager (hereinafter, "A TM"). The A TM shall be notified within ten ( I 0) days of any changes. The intent of the Union is to designate Midwest Employees to perform representational duties. The Union, however, reserves the right to designate a non-Midwest employee as a representative.

Section 5. During meetings between the A TM or designee and the Principal Facility Representative or designee, the Parties will be equally represented.

Section 6. If requested by either Party at the national level, the Parties agree to meet in the spirit of cooperation at a mutually agreeable time and place.

Section 7. At any meeting called by the ATM or designee, Union participants shall be in a duty status unless otherwise stated in this Agreement.

Section 8. Upon advance notification to the A TM, Union official(s) shall be permitted to visit the Employer's air traffic control towers where NATCA is the exclusive representative to perform representational duties, provided such visitation does not interfere with operations or security mandates. Representational meetings shall not be held in the operational area.

Section 9. The Principal Facility Representative and/or designee shall be granted annual leave, leave without pay (hereinafter, "L WOP"), or any combination thereof, at their option, to attend Union activities. Requests for L WOP must be made at least thirty (30) days in advance and shall not exceed forty (40) hours annually.

Section 10. The Principal Facility Representative or designee shall be allowed up to thirty (30) minutes for orientation of new Employees to explain the role and responsibilities of the Union.

Section 11. Principal Facility Representatives will provide advance notice of the need to perform representational duties. Absent an emergency or other special circumstance each Principal Facility Representative, or his/her designee shall, on request, be granted duty time to perform representational duties. Representational duties will normally be performed on site, outside of the operational area.

Section 12. The Employer recognizes the right of a duly authorized Union representative to express the views of the Union, provided those views are identified as Union views.

Section 13. Absent an emergency or special circumstance the Employer agrees to grant LWOP to one (I) Employee to serve on the Union's collective bargaining team for the purpose of negotiating collective bargaining agreements. The Union shall provide a minimum of thirty (30) days notice of this designation.

Section 14. Absent an emergency or other special circumstance, each Principal Facility Representative shall be released on LWOP for up to forty (40) hours, on a one-time basis in order to attend the NA TCA FCT representative school for the mutual benefit of the Union and the Employer. The Union will provide a minimum of thirty (30) days advance notice for scheduling purposes, unless otherwise mutually agreed to by the Parties.

Section 15. The Principal Facility Representative shall be released without pay for up to four ( 4) hours to receive orientation on the meaning of the articles of this Agreement.

ARTICLE3

RIGHTS OF UNION OFFICIALS

Section 1. An Employee who is elected or appointed to serve as a national or regional official representative of the Union shall be granted, upon request, L WOP concurrent with elected terms of office or appointment. Each request by an Employee for such L WOP shall be for a specified period and shall be certified by the national office of the Union. The Union at the national level will give a minimum of thirty (30) days notice to the Director of North American Operations unless otherwise agreed.

Section 2. Upon completion of a period of LWOP granted under Section I of this Article, the Union official shall be returned to duty at the facility to which the Employee was assigned prior to assuming L WOP status if a bargaining unit position is available, consistent with seniority. If the Employee is unable to return to that facility, the Parties at the national level will meet to determine an appropriate return-to-duty location, at any of the Employer's air traffic control towers where NA TCA is the exclusive representative, if a bargaining unit position is available.

Section 3. The Union at the national level will provide Sixty (60) day written notice to the Employer at the national level that the need for L WOP granted under Section I of this Article has ended. In this instance, the procedures contained in Section 2 of this Article will apply.

Section 4. An Employee who is placed on L WOP while acting in an official capacity on behalf of the Union shall be entitled to continuation of seniority and benefit plan(s) to the extent allowed and at no cost to the Employer.

ARTICLE4

EMPLOYEE RIGHTS

Section 1. The Parties recognize employee rights as stated at Section 7 of the National Labor Relations Act and reprinted below:

"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any and all such activities .... "

Section 2. The Employer shall not assist a creditor or process server in any manner because of an occasional debt complaint, except as required by law.

Section 3. Radios, televisions, electronic devices, magazines and publications will be permitted in non-work areas designated by the A TM for use at non-work times. Radios, televisions or electronic devices will not be allowed in the tower cab except:

(I) where required and used in perfonnance of work and where specifically directed by the Company; and

(2) during Mid-Shift operations, between the hours of2300L - 0500L, radios, magazines and other publications shall be allowed.

Section 4. If named as a defendant, an Employee shall be protected against personal liability for damages, loss of property, or death arising from the performance of the Employee's official duties or when acting within the scope of employment in accordance with the terms and conditions of the Employer' s insurance policy provided through the FAA.

Section 5. The Parties covered by the Agreement shall have the protection of all rights to which they are entitled under the Constitution of the United States.

Section 6. When the need arises, at the Employer's request, Employees may volunteer to serve as acting manager/point-of-contact on a temporary basis.

ARTICLE 5

EMPLOYER RIGHTS

Section 1. Subject to the terms of this Agreement, all management functions, whether heretofore or hereafter exercised and regardless of the frequency or infrequency of their exercise, including but not limited to full and exclusive control, direction and supervision of operations and management of the workforce are vested exclusively in the Employer.

Section 2. Subject to the terms of this Agreement, and without limiting the provisions of Section I but in order to clarify some of the rights retained, the following rights are vested exclusively with the Employer:

a. Determine the qualifications of Employees;

b. Hire, layoff, recall, assign, transfer, promote and demote Employees;

c. Determine the number of Employees it shall employ, establish new jobs, abolish and change existing jobs, number of Employees and working hours;

d. Maintain order and efficiency of its operation;

e. Direct the workforce;

f. Determine the basic watch schedule and shifts, determine changes and adjustments in any specific schedule, to fill or not fill any shift, and to assign Employees on a temporary basis;

g. Determine, control and regulate the type of any vehicle, machinery and equipment to be used and by whom and when to be operated;

h. Determine or change the method or methods by which work is carried out and performed, the method or methods of operations, and the materials and equipment used in the operations;

1. Determine any and all services, processes and standards required by a contractual customer;

J. Establish reasonable work rules; and

k. Discipline, suspend or discharge for cause.

Section 3. It is not the intent of this Article to limit any of the normal, usual or customary functions of management or for the Union to define any and all such functions. All management rights and functions are reserved to the Employer except as expressly limited by this Agreement.

Section 4. The Employer reserves the right to take whatever actions may be necessary to accomplish its mission during emergencies.

Section 5. Nothing in this Article shall limit, or be construed as a waiver of, the Union's right to bargain over wages, hours, and other terms and conditions of employment, or changes thereto, as required by the National Labor Relations Act. Nor shall this Article limit the Union's right to bargain over the effects of any management right exercised by the Employer, whether explicitly listed in this Article or otherwise, where the exercise of that right negatively affects an Employee.

ARTICLE 6

REPRESENTATION RIGHTS

Section 1. The parties recognize the Employer's right to meet with Employee(s) and the Employees ' right to be represented at any meeting with management. If during the course of a meeting it becomes apparent for the first time that discipline may result, the Employer shall stop and reschedule the meeting following advance notice to the Union and the Employee(s) so that the Employee may obtain Union representation. When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinary or potential disciplinary situation, the Employer shall notify the Employee and the Union in advance. Employees shall be provided the subject matter in advance and be given a reasonable opportunity to confer privately with the representative before the beginning of the meeting. The Union retains the right to determine its representatives in accordance with Article 2 of this agreement.

Section 2. The A TM will only deal with the Principal Facility Representative concerning matters affecting working conditions, unless otherwise agreed to by the Parties. The Union shall be given advance notice and the opportunity to designate a representative to attend any formal discussion between one (1) or more representatives of the Employer and one (1) or more Employees or their representatives concerning any grievance or any personnel policies or practices, or other general condition of employment. The Employer shall advise the Union at the corresponding level, in advance, of the subject matter.

Section 3. By mutual consent, including that of the Employee(s) in the case of Section I, discussions under this Article may be accomplished by telephone.

Section 4. A Union representative, while performing representational duties, will not be required to disclose information from an Employee, who is the subject of an investigation, unless the confidentiality of that Employee is waived by the representative, or an overriding need is established.

ARTICLE 7

CHANGES IN WORKING CONDITIONS

Section 1. Whenever the Employer contemplates a change affecting the terms and working conditions of Employees including, but not limited to, established past practices, the Employer shall notify the Union at the appropriate level thirty (30) days in advance or as soon as practicable, and, ifrequested by the Union, enter into negotiations over the proposed change. The Union shall make such request in writing within ten (I 0) days from notification by the Employer.

The Parties shall confer within ten (10) days for the purpose ofreaching a written agreement over the change. Should the Parties be unable to reach agreement, the Union retains its rights in accordance with the National Labor Relations Act as amended. Unless otherwise permitted by law or this Agreement, the Employer will implement no changes until all parties agree.

Section 2. Any directive, order or notice issued by the FAA and applicable to Employees shall not be subject to bargaining, however the Union retains the right to bargain over the effects.

ARTICLE 8

INFORMAL PROBLEM SOLVING

Section 1. The Parties recognize that the traditional methods of dispute resolution (e.g.

grievance/arbitration and unfair labor practice charges) are not always the most efficient means of problem resolution. The Parties also recognize that early, open exchange regarding any complaint/problem/concern at the earliest stages reduces the use of and need for traditional and more cumbersome, adversarial dispute resolution procedures. Therefore, the Parties agree to use the provision of this Article to the fullest extent possible before resorting to other avenues of dispute resolution.

Section 2. The following procedure shall apply to informal problem solving. Any notification(s) required under the following procedure may be accomplished in person or via telephone, facsimile, U.S. mail or electronic mail.

a. When a complaint/problem/concern arises, the Employee, Union or Employer may notify the other affected Party of the complaint/problem/concern within ten ( I 0) calendar days of the events or discovery of the events giving rise to the complaint/problem/concern and try to resolve the complaint/problem/concern informally by mutual agreement.

b. If the Parties do not decide on the procedure for informal resolution, the Parties will proceed as follows:

1. The complaining Party will notify the other of the complaint/problem/ concern and the Parties will meet or conference by telephone for discussion no later than ten ( 10) calendar days after notice. Those in attendance will include the affected Employee, the Principal Facility Representative or his/her designee, the A TM or, if the ATM so advises, his/her designee. Employees present at the meeting, including the affected Employee and the Principal Facility Representative, will be on duty time for the duration of the meeting.

n. The purpose of the discussion is to allow the Employee, the Union and the Employer to freely present, receive and/or exchange information and their views on the situation.

c. The Parties shall try to resolve the complaint/problem/concern by mutual agreement.

d. Any agreed to resolution under this Article shall fully resolve the complaint/problem/concern and the Employer may not discipline the Employee under Article 10 and neither the Union nor the Employee may grieve the action under Article 9, but the informal resolution shall stand. Any document generated in relation to informal problem resolution will not be used as the basis for independent discipline.

e. In the event the Parties are unable to resolve the issue within ten ( 10) calendar days of the meeting as described in Section 2.b.i. , the Employee, Union or the Employer may grieve the issue in accordance with Article 9 of the Agreement or take any other legal remedies available.

f. This Article shall not diminish the Employer's rights to discipline where otherwise appropriate, or the Union's or Employee's right to grieve, where otherwise appropriate.

ARTICLE9

GRIEVANCE PROCEDURE

Section 1. A grievance shall be defined as any complaint by an Employee or either Party concerning any claimed violation of law or this Agreement or Employer personnel policies or practices affecting conditions of employment.

Section 2. This procedure provides the exclusive procedure available to the Parties and Employees for resolving grievances. Any Employee(s) or Party may file a grievance under this procedure. Employees and the Parties intend that the joint problem solving procedures of Article 8 shall be used to the fullest extent practicable to resolve problems before moving under this Article 9.

Section 3. Employees are entitled to be assisted by the Union in the presentation of grievances.

Any Employee or group of Employees covered by this procedure may present grievances with or without the assistance of the exclusive representative. No other individual(s), other than those designated by the Union, may serve as the Employees' representative in the processing of a grievance under this procedure. The right of individual presentation of grievances does not include the right of taking the matter to arbitration unless the Union agrees to do so.

Section 4. Grievance procedure at facility level:

Step 1. An aggrieved Employee or Party shall submit his/her grievance, in writing, to the ATM, within ten (10) calendar days of the event giving rise to the grievance or within ten (I 0) calendar days of the time the Employee may have been reasonably expected to have learned of the event. The grievance shall be submitted on a grievance form (attached as Appendix IV hereto), and shall contain the name of the grievant, the alleged violation, the corrective action desired, the name of his/her Union representative, the Union Representative designated for receipt of papers relating to the grievance and whether he/she wishes to make an oral presentation. The grievance may be submitted to the ATM by facsimile, U.S. mail, electronic mail or hand delivery. For purposes of this Article 9, Section 4, Step I, the date of the grievance shall be the date of the facsimile, the postmark on the envelope containing the grievance, the date of the electronic mail, or date of hand delivery. Failure to provide all of the information listed above will result in the grievance being returned for completion. The time limits will continue to run during the period the grievance is returned. If requested, the A TM shall, prior to making a decision, afford the Employee and/or the Union representative an opportunity to present the grievance orally. The decision shall be delivered to the Employee, if proceeding without the Union, or the Union representative, if the Union is proceeding on behalf of the Employee within ten ( I 0) calendar days following receipt of the written grievance or within ten ( I 0) calendar days following the presentation, whichever is later. The decision shall be delivered either by certified mail return receipt requested to the Employee's address on file with the Company at corporate or personally delivered to the Employee, if the Employee is proceeding alone, or the Union representative, if the Union is representing the Employee. If the grievance is denied, the reasons for denial will be in the written response.

Step 2. If the Union is not satisfied with the decision rendered in Step I , the Union may within twenty (20) calendar days following receipt of the decision, notify the Employer at the national level, that it wishes the matter be reviewed by the appropriate Employer official or his/her designee. The Union will be notified by certified mail return receipt requested or personal delivery on the Union representative within twenty (20) calendar days of the Company decision. If the grievance is denied, the reasons for denial will be in the written response.

Step 3. The Union at the national level may, within twenty (20) days following receipt of the Step 2 decision, notify the Employer at the national level, by certified mail, return receipt requested or electronic mail, that it desires the matter be submitted to arbitration. After the moving Party notifies the responding Party of their desire to refer the matter to arbitration, the Parties shall discuss and make a decision regarding the utilization of the mediation/neutral evaluation process, as described in Section 5 below, or excluding the grievance from that process by mutual agreement. This discussion shall occur within fifteen (15) days after the notification is received.

Section 5. Mediation/Neutral Evaluation:

a. Unless mutually agreed otherwise, the Parties shall meet with the jointly selected mediator/neutral evaluator to discuss and attempt to resolve grievances pending at Step 3, prior to scheduling the arbitration. The mediator 's fees and expenses incurred under this process shall be borne equally by the Parties.

b. The location of mediation/neutral evaluation shall be by mutual agreement of the Parties and, if unable to agree, the mediation/neutral evaluation shall be held at or near the Facility where the grievance arose. Unless otherwise agreed, the mediation shall be held within twenty (20) days of the submission to mediation/neutral evaluation. Grievance timelines will be held in abeyance during the mediation/neutral evaluation process.

c. Within sixty (60) days from the effective date of this agreement, the Parties at the national level shall meet for the purpose of selecting a mediator/neutral evaluator and one alternate to serve in this process.

d. Either Party may remove a member from the mediator/neutral evaluation panel by giving a thirty (30) day written notice to the mediator/neutral evaluator with a copy to the other Party. Upon receipt of the written notice, no further mediation/neutral evaluation cases will be assigned to that mediator/neutral evaluator, but the mediator/neutral evaluator will hear and render a neutral opinion on any case(s) already assigned to him/her.

Additionally, the Parties may mutually agree to remove a mediator/neutral evaluator from the panel at any time, in which case the mediator/neutral evaluator will not hear or render a neutral opinion on any case(s) already assigned to him/her. Where the mediator/neutral evaluator has been removed, another mediator/neutral evaluator shall be mutually selected to fill the vacancy within sixty (60) days from such removal.

e. The mediator/neutral evaluator shall serve two functions in this process:

1. First, serving in the capacity of mediating between the Parties in an attempt to assist them in resolving the issue(s) at hand. If at any time the Parties are able to reach an agreement, it shall be reduced to writing, specifying all of the terms of their agreement bearing on the resolution of the dispute, and the Parties shall sign it.

2. In the event the Parties are not able to reach agreement on a resolution, the mediator will switch to the role of neutral evaluator. As neutral evaluator, a neutral opinion shall be rendered, first orally, as to the likely disposition of the grievance if it were to proceed to an arbitration hearing, and the reasons therefore. The neutral opinion shall then be reduced to writing, signed by the Parties and the neutral evaluator, and copies shall be provided to the Parties. The Parties at the national level shall develop a form for this purpose and attached in Appendix IV.

f. The Parties are encouraged to use the neutral evaluator's opinion as a basis for reaching resolution. If a resolution is not reached and this grievance is presented at binding arbitration, the Party who disagreed with the neutral evaluator's opinion shall incur the Arbitrator's fees and expenses, if that Party does not prevail fully at the arbitration hearing. The arbitration decision must be sustained in full or denied in full for the said Party to incur the Arbitrator's fees and expenses. In all other cases submitted for arbitration, which are not sustained in full or denied in full , the Arbitrator's fees and expenses shall be borne equally by the Parties.

g. Formal rules of evidence will not apply, and no transcript of the mediation/neutral evaluation meeting shall be made. The Parties further understand:

I. The mediation/neutral evaluation meeting is not a hearing;

2. The mediator/neutral evaluator is not acting in the capacity of a judge or arbitrator;

3. The mediator/neutral evaluator will not act in the capacity of judge or arbitrator in the subject grievance at any time in the future;

4. The mediator/neutral evaluator's opinions are not binding on any Party and any settlement reached will only be by mutual consent of the Parties; and

5. The Parties retain their rights to binding arbitration if they do not reach a settlement agreement. The Parties also reserve the right, at any time during this process, to settle, withdraw or sustain the grievance. By mutual agreement, the Parties may choose to exclude a grievance from this process and proceed to binding arbitration.

h. The mediation/neutral evaluation meeting is an expedited process, intended to produce finality as to unresolved grievances. Normally, decisions by the Parties with respect to the neutral evaluation will be rendered at the meeting. However, either Party may request an extension, not to exceed five (5) business days. Failure to respond during the extension period shall constitute a rejection of the neutral opinion. If the neutral opinion is rejected, the Parties will immediately proceed with scheduling the arbitration hearing.

i. For grievances excluded from this process by mutual agreement of the Parties the timelines of Section 4 , Step 3, or Section 6, Step 2, shall apply from the date on which the decision is made by the Parties to proceed straight to binding arbitration.

J. The neutral evaluator's opinion shall not be entered in evidence or considered by the Arbitrator in a subsequent arbitration hearing, except in so far as is necessary to determine whether the losing party may be required to incur the Arbitrator's fees and expenses pursuant to subsection f above.

Section 6. A national grievance will be designated as such by the Union or Company. The resolution of the national grievance will apply to Employees at each facility where the Union is the collective bargaining agent of Employees as identified in Appendix I. The procedure will be as follows:

Step 1. In the case of any grievance which the Union at the national level may have against the Employer at the national level or which the Employer may have against the Union, the moving party shall at the national level submit the grievance to the other Party in writing within twenty (20) 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 corrective action sought.

( c) If an oral presentation is requested.

Local grievances raising substantially similar issues shall be addressed by the national grievance procedure. The responding Party shall answer the grievance in writing within twenty (20) calendar days following the date the grievance was received.

Step 2. If the moving Party is not satisfied with the answer, the matter may be referred to arbitration. The moving party shall, at the national level, so advise the responding Party at the national level by certified mail, return receipt requested, or electronic mail within twenty (20) calendar days following receipt of the respondent's answer or the date the answer was due. After the moving Party notifies the responding Party of their desire to refer the matter to arbitration, the Parties shall discuss and make a decision regarding the utilization of the mediation/neutral evaluation process, as described in Section 5 above, or excluding the grievance from that process by mutual agreement. This discussion shall occur within fifteen (15) days after the notification is received.

Section 7. The Parties shall create a panel of five (5) mutually acceptable arbitrators. After one

(1) year of service on the panel, either Party may unilaterally remove an arbitrator from the panel and another arbitrator shall be mutually selected to fill the vacancy. Arbitrators selected for the panel must agree to hear expedited arbitration cases as provided in Section 12. The arbitrators shall be assigned to individual cases on a rotating basis, unless the Arbitrator is unavailable, in which case the next arbitrator on the panel shall be used. The Parties shall mutually agree to rank the order of the arbitration panel for rotation purposes.

Either Party may remove an arbitrator on the panel from the list by giving a thirty (30) day written notice to that arbitrator with a copy to the other Party. Upon receipt of the written notice, no further cases will be assigned to that arbitrator, but that arbitrator will hear and render a decision on any case already assigned to him/her. Additionally, the Parties may mutually agree to remove an arbitrator from the panel at any time, in which case that arbitrator will not hear or render a decision on any case already assigned to him/her. Where that arbitrator has been removed, another arbitrator shall be mutually selected to fill the vacancy within sixty (60) days from such removal.

Section 8. The grievance shall be heard by the Arbitrator as promptly as practicable on a date and at a site mutually agreeable to the Parties at or near the facility where the grievance arose. The Employer shall make reasonable efforts to schedule the grievant(s) off duty without loss of pay to participate in the hearing. With the exception of the grievant(s), an Employee that participates in the arbitration proceeding as a witness shall be considered on duty time during the time period of their participation in the arbitration hearing not to exceed eight (8) hours. The Arbitrator shall submit his/her award to the Employer and Union representatives as soon as possible, but in no event later than thirty (30) calendar days following the submission of briefs unless the Parties waive this requirement. The award of the Arbitrator is final and binding.

Section 9. The Arbitrator's fees and expenses incurred under this Article shall be borne equally by the Parties, except as describe in Section 5 above. Neither Party may cancel a scheduled arbitration hearing without the consent of the other Party. In the event either Party cancels a scheduled arbitration hearing without this consent, that Party shall bear the full cost of any cancellation fees. If a verbatim transcript of the hearing is made and either Party desires a copy, that Party will bear the expense of the copy or copies they obtain. If both Parties obtain copies of the transcript, the cost of the Parties' copies will be borne equally by the Parties. The Parties will share equally the cost of the transcript, if any, supplied to the Arbitrator. No Party may record the hearing, whether visual or audio or both, without the permission of the other and the decision to withhold permission is not grievable under this Agreement.

Section 10. The Arbitrator shall confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s). Questions as to whether or not a grievance is on a matter subject to the grievance procedure in this Agreement or is subject to arbitration shall be submitted to the Arbitrator for decision. This provision shall normally be accomplished utilizing the provisions of Section 12 of this Article. The Arbitrator shall have no authority to add to or subtract any language from this Agreement and the Arbitrator shall not have any authority to change any wage rate or benefit provision of this Agreement.

Section 11. Failure to meet the time limits contained in this Article unless otherwise agreed to shall cause the grievance to be irrevocably resolved against the Party missing the time limit.

Section 12. Expedited arbitration:

a. Either Party at the national level may request expedited arbitration of a disciplinary action involving loss of pay by notice to the other within ten ( 10) calendar days following the effective date of the discipline. Within seven (7) calendar days after receipt of the request, an arbitrator shall be selected from the list of arbitrators by the Parties in accordance with Section 7. An arbitrator unable to hear an expedited arbitration case within fifteen (15) calendar days shall be deemed unavailable and the next arbitrator in tum will be selected, unless otherwise agreed to by the Parties. The hearing shall be conducted as soon as possible at a location at or near the facility where the grievance arose unless otherwise agreed to by the Parties. Either Party may file a written brief and/or request a transcript. Fees and expenses, including transcripts and cancellation fees, will be in accordance with Section 9 of this Article. The Arbitrator shall issue an award as soon as possible in writing with reasons therefore but not later than fifteen (15) calendar days after the hearing has been held or exchange of briefs, whichever is later, unless otherwise agreed to by the Parties.

b. In cases other than actions under Section 12a of this Article, where either Party at the national level reasonably alleges irreparable harm, that party may refer a particular grievance to expedited arbitration by notice to the other within ten ( I 0) calendar days following the effective date of the action. Within seven (7) calendar days after receipt of the request, an arbitrator shall be selected from the list of arbitrators by the Parties in accordance with Section 7. An arbitrator unable to hear an expedited arbitration case within fifteen ( I 5) calendar days shall be deemed unavailable and the next arbitrator in tum will be selected, unless otherwise agreed to by the Parties. The hearing shall be conducted as soon as possible at a location at or near the facility where the grievance arose unless otherwise agreed to by the parties. Either Party may file a written brief and/or request a transcript. Fees and expenses, including transcripts and cancellation fees, will be in accordance with Section 9 of this Article. The Arbitrator shall issue an award as soon as possible but not later than fifteen (I 5) days after the hearing has been held.

Determinations as to whether expedited arbitration under Section 12b of this Article shall be utilized shall be based upon whether a passage of time precludes a remedy.

Disagreements as to whether a grievance is appropriate for expedited procedure under Section 12b of this Article shall be referred to the Arbitrator for a decision pursuant to Section 12b of this Article.

Section 13. The Parties may, by mutual agreement, stipulate facts and issue(s) in a particular case directly to an arbitrator for decision without a formal hearing. Argument will be by written brief.

Section 14. In the handling of grievances under this procedure, upon request, the Union shall have access to such information as is relevant to the processing of the grievance.

Section 15. The Parties reserve their rights to enforce or appeal an arbitrator's decision as provided by law in a court of competent jurisdiction.

ARTICLE 10

DISCIPLINARY ACTIONS

Section l. This Article covers disciplinary actions involving oral warnings, written warnings, written reprimands, suspensions, discharges, removals, and reductions in pay.

Section 2. An Employee will not be discharged, suspended, or otherwise disciplined, nor entries made against the Employee's service record without just cause, except as provided for by Article 12, Section 2 of this Agreement. Disciplinary actions must be determined on the merits of each individual case. Progressive discipline will be followed except in cases of "serious misconduct" for example theft, fraud, violence, gross insubordination, threatening conduct, abandonment of position, or violation of the substance abuse and testing program or where emergency or other exigent circumstances exist. Progressive discipline generally means documented verbal warning, written reprimand, suspension, and dismissal. Prior to initiating formal disciplinary action, the Employer shall engage in informal problem solving under Article 8 unless waived by the parties.

Section 3. Procedure:

a . The Employer shall make a good faith effort to promptly investigate and issue discipline within a reasonable time period after it becomes aware of the underlying issue/incident/event. Reasonable time period shall be based on the relevant facts and circumstances including, without limitation, staffing levels and safety concerns. The Employer shall provide the Employee with an opportunity to explain his/her action/inaction relating to the issue/incident/event under investigation prior to issuing discipline. The Employee's representative may participate in the Employee's explanation.

b. No Employee shall be disciplined to the extent of loss of pay or discharged without being advised in writing of the precise alleged reason or reasons leading to such action. This notice shall be presented directly to the Employee with a copy provided to the Union.

c. For issues not involving "serious misconduct" as defined in Section 2 above, the Employer shall provide the Employee with an opportunity to reply to the notice (orally and/or in writing) within a reasonable time and the Employer shall consider such reply prior to issuing the final disciplinary action. The Employee's representative may participate in the Employee's reply.

d. A Union representative must be present (if requested by the Employee) at the time written final disciplinary action is issued.

Section 4. An Employee against whom action is taken under this Article and their Union representative, provided the Employee or the Union has provided the Employer with a signed authorization, shall, upon request, have the right to review and obtain copies of documents relied upon by the Employer to support the action.

Section 5. Letters of Confirmation of discussion shall not be considered disciplinary in nature, but may be used to document future disciplinary actions, provided the Employee has been given a copy upon completion. A letter of confirmation of discussion shall be completed as soon as practicable, but not later than thirty (30) days after the event.

Section 6. Records of disciplinary action, as well as Letters of Confirmation of discussion, shall be expunged from the Employee's service record not later than two (2) year from the date of the action.

Section 7. Any notification made to an Employee under this Article shall be accomplished in the following manner:

a. Personally delivered to the Employee and the Union representative by the ATM.

b. If the Employee is not available, the Employer shall deliver notification to the Employee and the Union by certified mail, return receipt requested.

ARTICLE II

DUES WITHHOLDING

Section 1. The Employer agrees to deduct Union dues from an Employee's wages uniformly and lawfully levied by NA TCA and to remit same to NA TCA on a monthly basis, not later than the end of the month following the month in which they are withheld, provided that the Employee executes the dues withholding form provided by the Union. Simultaneously with this remittance, the Employer shall provide to the Union a list of all Employees. This list shall include the Employee' s name, facility, dues remitted if any, date of hire, hours worked and gross hourly wage.

Section 2. Any change in the rate or amount of dues levied by the Union shall be put into effect and the deductions made during the calendar month following the calendar month in which the Employer receives notice of the change.

Section 3. Any deduction of dues provided for in this Agreement shall be automatically terminated upon separation of an Employee from the bargaining unit.

Section 4. An Employee who has authorized the withholding of Union dues may request revocation of such authorization after one ( 1) year by completion of a request to the Employer in accordance with the procedures below:

( I ) First year members: A request may be filed anytime by an Employee during the thirty

(30) calendar-day period beginning forty-five (45) days prior to the anniversary date of his/her first dues withholding and ending fifteen (15) days prior to the anniversary date. It is the Employee's responsibility to ensure timely filing of his/her revocation forms.

Revocation forms shall only be accepted by the Employer during this time period. The Employer shall notify the Union, in writing, of all revocations and provide a copy of the request at the time the revocation is made effective.

(2) All other members: March I shall be the annual date for all revocations of Union dues.

The Employee must complete and submit a request to the Employer between the dates of January I to January 3 1 of any given year. Upon receipt of a valid revocation request completed and signed by the Employee, the Employer shall discontinue withholding the dues from the Employee's pay effective only with the first full pay period which begins after the following March I. The Employer shall notify the Union, in writing, of all revocations and provide a copy of the request at the time the revocation is made effective.

ARTICLE 12

SENIORITY

Section 1. Seniority is defined as the length of service with a NA TCA represented Contract Tower (CT) commencing from the earliest date of hire. In the event that two or more Employees share the identical employment date, seniority shall be determined by lottery. Once annually the Union shall provide the Employer at the local level an updated facility seniority list.

Section 2. New Employees shall be considered probationary for a period of ninety (90) days from the date of hire. During such probationary period an Employee may be terminated at the discretion of the Company. Such termination is not subject to the grievance and arbitration procedures of this Agreement.

Section 3. Any Employee covered by this Agreement who accepts a position outside the bargaining unit shall not accrue bargaining unit seniority while occupying such position. If the Employee returns to the bargaining unit, their previous seniority earned will be credited.

Section 4. When the requirements of the Company will permit, an Employee, upon request, may be granted leave without pay normally not to exceed thirty (30) days without loss of seniority rights.

Section 5. The provisions in this article will not be used to calculate the years of service for the purpose of vacation accrual.

ARTICLE 13

PAY ADMINISTRATION

Section 1. The Employer shall pay Employees all wages due on a bi-weekly basis.

Section 2. For each pay period, the Employer shall provide each Employee with a Leave and Earnings statement that includes, at a minimum, the following information:(!) total wages paid;

(2) an itemized list of deductions; (3) total regular hours worked and associated wages; (4) total overtime hours worked and associated wages; (5) total hours worked for which non-overtime differentials and/or premiums were earned and associated wages; and (6) vacation usage and balance.

Section 3. Employees will have their wages directly deposited in an account of their choice. On hire, the Employee will complete the Automatic Deposit Form providing all necessary information for direct deposit and in the event of any change, the Employee will complete a new Automatic Direct Deposit Form coordinated through the A TM.

ARTICLE 14

WORKING HOURS

Section 1. A workday shall normally consist of eight (8) consecutive hours and the basic work week shall consist of five (5) consecutive days except as authorized in this Article. Only at an Employee's request, may the Employer consider non-consecutive days off. The work week is defined as Sunday through Saturday.

Section 2. Employer agrees not to diminish working hours of Employees at the facilities where the Union is the exclusive collective bargaining agent during the life of the Agreement, except as modified by application of Article 36, Section I of this Agreement.

Section 3. The airport authority and/or the Federal Aviation Administration normally determine the facility hours of operation. The number of consecutive hours and days worked by Employees shall not exceed those specified by applicable law and regulation.

Section 4. The basic watch schedule is defined as the days of the week, hours of the day, and the rotation of shifts and regular days off. The basic watch schedule must satisfy coverage requirements. There will be no split shifts unless otherwise agreed to by the parties. Assignments of individual Employees to the basic watch schedule are not considered changes to the basic watch schedule.

Section 5. In general, the basic watch schedule will be posted at least six (6) months in advance subject to exceptions where operational/staffing needs require otherwise. Assignment to the watch schedule will be by seniority with the controller having the greater seniority having the first choice among controllers. Assignments to the watch schedule shall be posted at least thirty

(30) days in advance. The Employer and the Union shall negotiate procedures for Employee bidding and assignment to the watch schedule at the local level. The Employer recognizes that changes in individual assignments to the watch schedule are undesirable. Absent an emergency or other special circumstances, an Employee's assignment to the watch schedule shall not be changed. An Employee's shift will not be changed solely for the purpose of avoiding payment of overtime or other premium pay to which the Employee may be entitled.

Section 6. The exchange of shifts and/or days off between equally qualified Employees is authorized, provided it does not result in overtime or violation of law, regulation or the terms of this Agreement. Requests for exchanges shall be submitted in writing, and shall require ATM (or designee) approval. Such requests shall be approved or disapproved within twenty-four (24) hours.

Section 7. On Union request at the national level, the Parties may discuss alternative work schedules.

ARTICLE 15

LAYOFF AND RECALL

Section 1. In the event of a lay-off, Employees at the affected facility shall be laid off in reverse order of seniority. Affected Employees will receive notification no less than fourteen (14) days prior to the effective date of the lay off or as soon as the Employer receives notice if less than…