J-3.2 Midwest ATCS-PATCO Collective Bargaining Agreement.pdf

MASTER AGREEMENT

BY AND BETWEEN

PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION INC.

(PATCO, Inc.)

AND

MIDWEST AIR TRAFFIC CONTROL SERVICE, INC.

June 16, 2022

ARTICLE 1

PARTIES TO THE MASTER AGREEMENT

This Master Agreement (“Agreement”) is made between the Professional Air Traffic Controllers Organization Inc. (“PATCO, Inc.” or the “Union”) and Midwest Air Traffic Control Service, Inc.

(“Midwest,” “Company” or “Employer”). PATCO, Inc. and Midwest are referred to collectively as “the Parties” or individually as “Party").

ARTICLE 2

UNION RECOGNITION

Section 1. The Employer hereby recognizes PATCO, Inc. as the exclusive bargaining representative for each certified, single facility bargaining unit of full time and regular part time air traffic control specialists employed at the air traffic control towers identified at Appendix A of this Master Agreement pursuant to Section 9(a) of the National Labor Relation Act.

Section 2. If PATCO, Inc. is certified by the National Labor Relation Board as the exclusive bargaining representative for an additional facility or facilities, such facility or facilities shall automatically be covered by this Agreement unless in conflict with applicable law.

ARTICLE 3

UNION RIGHTS

Section 1. PATCO, Inc. shall designate one Union Facility Representative at each facility identified on Appendix A to this Agreement to work with the Air Traffic Manager on matters dealing with this Agreement. The Facility Representative may designate an alternate Facility Representative in his/her absence. The Union shall notify the Employer of this alternate in writing, if feasible.

Section 2. The Employer or designee at the corporate level and the Union or designee at the national level agree to communicate regarding issues by electronic or other means as the Parties may agree to from time to time. PATCO, Inc. shall have protections under the United States Constitution and applicable federal and state law.

Section 3. The Facility Representative may be allowed up to a maximum of thirty (30) minutes with pay to meet, discuss and brief any and all new bargaining unit employees who are hired by the Employer at the facility.

Section 4. The designated Facility Representative at each facility where PATCO, Inc. is the representative of the employees may, at the discretion of the Employer, be granted vacation leave or leave without pay up to a maximum of one (1) week per year at their option to attend Union meetings provided such leave does not interfere with operations and does not result in any additional expense to Midwest, including without limitation overtime, and such leave must be requested at least sixty (60) days in advance.

Section 5. From time to time, the Union’s national representative or designee shall be permitted to visit air traffic facilities where Midwest is the Employer and the Union is the bargaining representative provided such visitation does not interfere with operations or security mandates. Arrangements for visits shall require prior approval and coordination with the Midwest Director of North American Operations. During any such visit, the national representative will be accompanied by a representative of the Employer and will take place operations permitting and will normally be limited to two (2) hours.

Section 6. The Employer hereby recognizes and agrees to work with the PATCO, Inc.

Facility Representative on matters contained in this Agreement.

ARTICLE 4

EMPLOYEE RIGHTS

Section 1. Employees shall have protection of the United States Constitution and applicable federal law and law of the state where employed.

Section 2. All employees of the bargaining unit shall have the right, freely and without fear of penalty or reprisal, to form, join and assist the Union, and all employees shall have the right, freely and without fear of penalty or reprisal to refrain from forming, joining or assisting any union and each employee shall be protected in the exercise of these rights.

Section 3. The Parties recognize management's right to meet with employee(s) without union representation and the employee’s right to be represented at any investigatory meeting with management where the employee reasonably believes such meeting may lead to disciplinary action.

Section 4. Discussions under this Article may be accomplished by telephone.

Section 5. An employee’s off the job conduct shall not result in disciplinary action, unless such conduct hampers his/her effectiveness to perform the duties as an air traffic controller or affects the public's confidence in the Employer or the air traffic controller work force.

Section 6. The Employer shall not assist a creditor or process server in any manner because of an occasional debt complaint, except as required by law.

ARTICLE 5

MANAGEMENT RIGHTS

Section 1. Subject to the terms of this Agreement, the right to hire, discipline, suspend or discharge for cause, promote, lay off and recall employees, determine the basic watch schedule and shifts, fill or not fill any shift, assign employees on a temporary basis, promulgate work rules, practices and procedures, and maintain the efficiency of the operation is vested exclusively with the Company.

Section 2. The Parties recognize that the management of the Company, the control and regulation of the use of all business equipment and property, the direction of the workforce, the formulation and enforcement of reasonable rules related to the conduct of the business, and the determination of all services, processes and standards required by a contractual customer are vested exclusively with the Company. The Union further recognizes the rights of the Employer to operate its company and to manage its operations and to plan, direct and control the policies and conditions of employment of its employees.

Section 3. The Employer’s failure to exercise any such right, prerogative or function hereby reserved to it or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the employer’s rights to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with express provisions of this Agreement.

Section 4. The management rights described in section 1 above include, without limitation, the following rights:

a. To assign work and determine the personnel by which the company operations will be conducted.

b. The right to determine the mission, budget, organizational structure, number of employees, and internal security and administrative practices.

c. The right to full control, planning, management and operation of its business and facility.

d. The right to determine the scope of its activities and/or services to be offered, developed or eliminated.

e. The right to determine, increase or decrease staffing for any of the operation.

f. The right to fill or not fill positions and to make selections among qualified candidates or any other source.

g. To hire, discipline, suspend, discharge, promote, layoff or take action necessary to main the efficiency of the operations.

h. To establish new jobs, abolish and/or change existing jobs, employees and working hours.

i. The right to contract or subcontract non-bargaining unit work.

j. The training of employees.

k. The right to establish quality standards and performance standards, procedures and evaluations.

l. The right to 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.

m. The right to determine position qualifications, schedules, staffing, shifts and the right to require overtime work of employees.

n. The right to introduce new or improved procedures, methods, services, machinery, or equipment, to make technological changes or to discontinue procedures, methods, services, machinery or equipment.

o. The right to terminate, merge, consolidate, sell or otherwise transfer its business or any part thereof.

p. The right to enforce any directive, order or other regulatory requirement imposed on the Employer by any regulatory agency so empowered.

q. The right to determine the number of employees, the assignment of duties thereto and determine the personnel by which the company operations will be conducted.

r. The right to layoff or RIF employees.

s. The right to select lead and supervisory personnel and the assignment of their work.

t. The right to assign supervisory or management personnel bargaining unit work covered by this Agreement.

u. The rights to issue, modify, promulgate, delete and enforce reasonable rules, regulations, and policies governing employee conduct, work performance and Employer operations.

v. The right to determine the method or methods by which work is carried out and performed, the method of operation, and the materials and equipment used in the operations.

w. The right to change the process by which work is carried out and performed, the method of operation, the materials and equipment used in the operation.

x. The right to determine any and all services, processes and standards required by a contractual customer.

Section 5. The Employer’s failure to exercise any such right, prerogative or function hereby reserved to it or the Employer’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the employer’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 6. The Employer shall have the protections of the United States Constitution, federal law and laws of the States where it does business.

Section 7. The Employer retains all rights not specifically limited by the terms of this Agreement. The Parties understand and agree that it is not the intent of this article to limit in any way the rights of management.

Section 8. The Parties understand, acknowledge and agree that the Employer may take any and all action to accomplish its mission during emergencies.

ARTICLE 6 WAGES

Section 1. Employees shall receive a base hourly wage rate increase of three percent (3%) effective on or before July 1, 2022, and additional increases of three percent (3%) per year on or before each subsequent July 1st for the life of this agreement. It is further agreed that all wage increases shall be paid to the employees when incorporated into the contract between the Company and the contracting entity for provision of air traffic control service at the facility where the employee is employed unless otherwise required by applicable law. See Appendix B for wage information.

Section 2. Bargaining unit employees who work between the hours of six o’clock PM and six o’clock AM shall receive 1.1 times the employee’s hourly rate of pay for each hour worked after six o’clock PM and before six o’clock AM.

Section 3. Bargaining unit employees that work on Sunday shall be paid at their rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work that is not considered overtime.

Section 4. Where applicable, employees shall receive a cost-of-living allowance (COLA) for all hours paid as shown in Appendix C effective when incorporated into the contract between the Company and the contracting entity for provision of air traffic control service at the facility where the employee is employed unless otherwise required by applicable law.

Section 5. If PATCO, Inc. is certified by the National Labor Relations Board as the exclusive bargaining representative for an additional facility(ies) or if Midwest becomes the contractor for provision of air traffic control service at sites where PATCO, Inc. is the collective bargaining agent certified by the National Labor Relations Board, such additional facility(ies) shall be automatically covered by this Agreement and the Parties will negotiate wage rate(s) for such additional facility(ies).

ARTICLE 7

HEALTH AND WELFARE

Section 1. Employees shall receive a Health and Welfare rate increase of three percent (3%) effective on July 1, 2022, and additional increases of three percent (3%) per year on each subsequent July 1st for the life of this agreement. See Appendix D

Section 2. Unless a bargaining unit employee is exempted by the terms of the Company’s medical benefit (“Plan”), all employees will be required to participate in the Plan.

Section 3. The Employer agrees that benefit monies are paid on all hours paid, excluding any premium pay for holidays worked and pay for accrued and unused vacation as provided at Article 8 Section 3, up to a maximum of forty (40) hours per week and 2080 (i.e., 52 weeks of 40 hours each) per year.

Section 4. The Employer may in its discretion change the Employer’s health insurance plan, including without limitation, carrier, schedule of benefits provided, and premiums to be paid by bargaining unit employees. The Employer shall advise the Union and bargaining unit employees in advance of any such changes.

ARTICLE 8

VACATION

Section 1. Vacation shall be as provided in the following schedule for all bargaining units subject to the one (1) exception.

Years of Service Vacation After one (1) year of service Two (2) weeks After five (5) years of service Three (3) weeks After Fifteen (15) years of service Four (4) weeks

*Trenton, NJ (TTN) only additional vacation: After twenty-five (25) years, five (5) weeks.

Section 2. There is no monthly or daily accrual of vacation. In calculating years of service, continuous employment with the predecessor employer at the site where the employee is employed at the time Midwest took over operation of the site will be counted as years of service for purposes of vacation only.

Section 3. Except as otherwise stated in this Agreement, accrued and unused vacation, less deductions, will only be paid on separation of employment, or termination of the contract between the Employer and the FAA or other contracting entity, or as provided at Article 13 Layoff and Recall, and such pay of accrued and unused vacation, less deductions, does not include benefit monies as that term is defined in this Agreement.

Section 4. To the extent operationally feasible, employees will have the opportunity to take at least two (2) consecutive weeks of vacation leave during the year by seniority.

Section 5. The Air Traffic Manager and the Facility Representative will cooperate for the purpose of permitting employees to take vacation leave of their choice. Employees must make their request for vacation leave at least thirty (30) days before the monthly watch schedule is posted, otherwise vacation leave will be on a first come first serve basis. In the event of a conflict between vacation leave requests, seniority shall prevail.

Section 6. Vacation may be taken by thirty (30) minute increments. Employees requesting to take vacation in an increment of a single shift will be charged eight (8) hours of vacation or vacation equal to the length of the entire shift whichever is greater. Employees requesting to take vacation in increments of less than a single shift will be charged vacation for the actual vacation hours taken.

Section 7. Executive Order 13706. The Employer shall comply with Executive Order 13706 and all applicable regulations issued thereunder.

a. Each BUE shall receive seven days of Paid Personal Time (fifty-six (56) hours total) on January 1st of each calendar year. Paid Personal Time (also called Paid Time Off/PTO) may be used for any purpose at the discretion of the employee, including for any purpose covered under the EO. When personal time is used for reasons not covered by the EO, use of personal time will be subject to the Employer’s ordinary scheduling requirements.

b. From their date of hire until their first January 1 as a BUE employee, BUEs shall receive 1 hour of Paid Personal Time for every thirty (30) hours worked, up to a maximum of fifty-six (56) hours.

c. BUEs shall carry over up to fifty-six (56) hours of unused Paid Personal Time to the following year.

d. Paid Personal Time leave may be used for any of the following reasons:

i. The BUE’s own physical or mental illness, injury, or medical condition;

ii. The BUE’s own need to obtain diagnosis, care, or preventive care from a health care provider;

iii. A need to care for a child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship who has any of the conditions or needs for diagnosis, care, or preventive care described in

(1) or (2) or is otherwise in need of care; or

iv. For domestic violence, sexual assault, or stalking, if the time absent from work is for the purposes described in (1) or (2) above, or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, including preparation for or participation in any related civil or criminal legal proceeding, or assist an individual related to the employee as described in (3) above in engaging in any of these activities.

v. For any other reason for which Paid Personal Days could be used under the Parties Collective Bargaining Agreement prior to implementation of this Memorandum of Agreement.

e. Paid Personal Time may be taken in increments of no less than thirty (30) minutes.

f. BUEs using Paid Personal Time shall be provided with the same pay and benefits during the leave that they would have received if they had not used the Paid Personal Time.

g. BUEs must notify management when using Paid Personal Time. Notification shall be made at least seven (7) days in advance when the need for the use of Paid Personal Time for purposes covered under the EO is foreseeable. Otherwise, the notification shall be made when Paid Personal Time is used for purposes covered under the EO or for personal emergencies as soon as practicable. Notification may be made in writing or orally.

When Paid Personal Time is used for purposes covered under the EO, the notification shall identify the reason(s) for which the Paid Personal Time will be used. The BUE is not required to disclose symptoms or other details about the reason when using Paid Personal Time as a form of sick leave. When Paid Personal Time is used as a substitute for paid vacation, notification shall be submitted on the same basis as any other vacation request.

h. BUEs may only be required to provide a certification from a medical provider (or another third party if the leave is related to domestic violence, sexual assault, or stalking), if the absence is for three (3) consecutive full days or more. The Employer shall notify the BUE each time that such certification is required, and the employee shall have thirty (30) days from the first day of the absence to provide the certification. The certification is limited to identifying the person making the certification and to verify that Paid Personal Time is needed for a reason identified in Subsection D.

i. Records relating to Paid Personal Time requests submitted due to a medical need shall be maintained as confidential records and shall not be disclosed, unless the BUE consents or such disclosure is required by law.

j. The Employer will not be required to pay out accrued but unused Paid Personal

Time upon a BUE’s cessation of employment. However, if the employee is later rehired or otherwise reinstated within one (1) year, they must be credited with their previous paid sick leave balance.

k. A request for Paid Personal Time, when requested for any reason covered under the EO shall be denied only if it is not in compliance with this Agreement. The denial must be communicated to the BUE in writing with a statement of the reason(s) for the denial.

l. Where applicable, the Employer shall comply with all state or local laws relating to paid sick leave.

ARTICLE 9

PAY ADMINISTRATION

Section 1. Employees will have their wages directly deposited in an account of their choice and will notify the Finance Specialist in writing and provide all necessary information.

Section 2. Each employee shall receive via electronic means a statement of earnings and deductions for all pay periods. Information to be contained on the statement shall include pay period ending date, hours worked, differential, overtime, vacation leave total to date, gross and net pay, number of hours worked during current pay period with applicable deductions.

ARTICLE 10

DUES CHECK-OFF

Section 1. The Employer agrees to deduct Union dues from an employee's wages uniformly and lawfully levied by PATCO, Inc., provided that the employee executes the dues withholding form provided by the Union, a copy of which shall be provided to the Employer.

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 provided the employee has been on dues withholding for a period of at least one (1) year. Within one (1) month of receipt of a revocation, PATCO, Inc. will notify the Employer to discontinue withholding of dues from the employee's pay.

Section 5. The Union indemnifies and holds the Employer harmless from any and all claims of wrongful withholding of dues or fair share withholdings.

Section 6. The Employer shall remit the dues money to the Union National Office on a monthly basis, and there shall be no fee charged by the Employer for this service.

ARTICLE 11

VOLUNTARY CHANGES IN SHIFT AND REGULAR DAYS OFF

The exchange of shifts and/or days off between equally qualified employees may be authorized by the Air Traffic Manager provided the exchange does not affect operations. All exchanges of shifts must be submitted to the Air Traffic Manager for approval on a form and approval is at the discretion of the Air Traffic Manager.

ARTICLE 12

POSITION DESCRIPTION

It is agreed that the primary job function of an air traffic controller consists of duties related to air traffic control and, where applicable, weather observation and reporting and there may be other duties assigned in relation to the tower where the employee works.

ARTICLE 13

LAYOFF AND RECALL

Section 1. In the event of an employee lay-off, the Employer shall determine the order of employees to be laid off by reverse Facility Seniority as per Article 23 Seniority of this Agreement

Section 2. Employees in layoff status shall retain their seniority and recall rights to the facility from which they were laid off, based upon their Facility Seniority and Company Seniority as of the date of their layoff and shall retain recall rights for one hundred fifty (150) days or as per Department of Labor/SCA law whichever is greater following date of layoff. Employees in layoff status shall be recalled at the discretion of the Company.

Section 3. Eligible employees who are laid off shall be paid all accrued and unused vacation or other pay at the rate of pay at which earned at the time of layoff.

Section 4. Employees shall be responsible for providing the Company with their current address and telephone numbers. The Company point of contact for the provision of data under this Article shall be the Director of North American Operations.

ARTICLE 14

IMMUNITY AND INDEMNIFICATION

The FAA provides certain insurance against liability under the FAA Contract Tower Program at no cost to the bargaining unit employee. Employees will be subject to the protections of such insurance up to the limits of liability provided therein, including without limitation any and all restrictions on coverage applicable to the air traffic controller, and subject to any and all other conditions and requirements of the policy, including any apportionment of coverage applicable at the time a claim is made. In the event any claim is made, the employee will fully cooperate in the investigation and resolution of any such claim including without limitation, agency and insurance company investigations, and litigation or hearing before any tribunal with authority to hear or decide the claim.

ARTICLE 15

SUBSTANCE TESTING

Bargaining unit employees will be subject to substance testing in accordance with Department of Transportation (DOT) and Federal Aviation Administration (FAA) regulations as specified in the applicable Midwest/FAA contract.

ARTICLE 16

EMPLOYEE RECERTIFICATION

An employee who is operationally decertified and assigned to a training and/or recertification program in accordance with the Federal Aviation Administration’s Orders 3120.4 and 7210.3 shall be given notice detailing the specific reasons for this action. The employee who is subject to training and or recertification shall have the opportunity to review said information and to discuss the reasons for making the determination with the Air Traffic Manager.

ARTICLE 17

GENERAL PROVISIONS

Section 1. Cellular telephones and pagers will be permitted in operational areas but shall be set in power off position. Under no conditions will radios, televisions or electronic devices be allowed in the Tower Cab except where required in performance of work and where specifically directed by the Employer.

Section 2. While assigned to a position of operation, reading materials will be limited to that necessary for the operation of the position. No pornographic materials of any type shall be permitted in the facility at any time in any of the certified single-facility bargaining units.

Section 3. Bargaining unit employees are to report unsafe conditions of the physical facility to their facility manager.

Section 4. In the event another contractor replaces the Employer, this Agreement will terminate simultaneously with such event at the facility or facilities affected, however, if there is any conflict between the provisions of this Agreement and any legal obligations imposed on the Employer by Federal or State Law or Regulations, Rules or Presidential Executive Orders, such legal obligations shall be controlling and binding. In addition, the Union reserves all of its rights under applicable laws and of this Agreement to apply and/or extend this Agreement in its entirety to any successor contractor for the duration of the term of this Agreement and thereafter.

ARTICLE 18

TRAINING

Section 1. The Parties recognize that each employee is responsible for ensuring that his/her performance conforms to established standards and that he/she is duly and properly certified by the FAA and checked out at the facility where assigned.

Section 2. In general, the first thirty (30) days of employment is the training period and is intended to provide the new employee with the opportunity to become facility-rated. During the training period, the controller in training shall demonstrate the ability to achieve a satisfactory level of performance. Inadequate progress in training may result in separation any time during the 30-day training period.

Section 3. In some cases, training may be extended at the recommendation of the Air Traffic Manager with approval of the corporate office.

Section 4. If approved, the Air Traffic Manager shall advise the trainee of the extension, including the length and term of the extension.

ARTICLE 19

AIR TRAFFIC CONTROL FACILITY EVALUATIONS

Section 1. The Union understands, recognizes and acknowledges the right of the Federal Aviation Administration (“FAA”) to conduct periodic Air Traffic Control Facility evaluations and follow-ups in accordance with the FAA’s rules, regulations and procedures.

Section 2. The Union understands, recognizes and acknowledges the right of the Employer to conduct periodic Air Traffic Control Facility evaluations and follow-ups in accordance with the FAA’s rules, regulations and procedures.

Section 3. Where practicable the employer shall notify the Union in advance of any scheduled or unscheduled evaluation or follow up evaluation.

Section 4. Bargaining unit employees will participate in internal evaluations of the Company at the facility where employed.

ARTICLE 20

DISCIPLINE

Section 1. An Employee shall not be disciplined except for just cause.

Section 2. Disciplinary actions include oral warnings, written warnings, suspensions, discharge, and other removal from service. Discipline is cumulative and may be imposed at any level for just cause, however in general, disciplinary action shall be progressive.

Section 3. No employee shall be disciplined to the extent of loss of pay without being advised in writing of the precise charge or charges, preferred against the employee leading to such action. This notice shall be presented directly to the employee and the Union within ten

(10) days from the time the Employer may have reasonably expected to have learned of the event upon which such charge or charges is based, unless the Employer reasonably requires additional time due to an ongoing investigation before it can make a decision as to whether the Employee should be charged with any misconduct or performance problems. Any notification made to an employee or the facility or other union representative under this Article shall be accomplished by personal delivery, telephone call or email.

Section 4. 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 after the event. As a general rule, a two (2) year time frame shall be used in determining freshness.

Section 5. On request the Employer will provide the Union with information on which the discipline decision was made.

Section 6. The Employer shall not be held responsible where removal from service or termination of a bargaining unit employee is a result of action required by the FAA or the entity with which the Employer contracts for the provision of air traffic control services where the union is the exclusive bargaining agent of the employees. Employees discharged for events described in this Section 6 of this Article 20 shall have no recourse against the Employer under the grievance and arbitration provisions of this agreement.

ARTICLE 21

INFORMAL PROBLEM SOLVING

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

grievance/arbitration) 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 stage reduces the use of and need for traditional and more cumbersome, adversarial dispute resolution procedures. Therefore, the Parties agree to use the provisions of this Article to the fullest extent possible before resorting to other avenues of dispute resolution; however, Informal Problem Solving is not a pre-condition to discipline.

Section 2. The following procedure shall apply to informal problem solving:

a. When a complaint/problem/concern arises, the employee, Union or Employer may notify the other affected Party of the complaint/problem/concern within four (4) 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. The Parties shall try to resolve the complaint/problem/concern by mutual agreement.

c. Unless otherwise agreed, processes for informal problem solving may include the following:

i. conference with the aggrieved employee with or without Union representative and Air Traffic Manager; and

ii. conference with the aggrieved employee with or without Union representative, Air Traffic Manager or the Area Manager or President/CEO; and

iii. conference between the Parties.

d. Any agreed to resolution under this Article shall fully resolve the complaint/problem/concern and neither the Union nor the employee may grieve the action under the grievance/arbitration provision of this Agreement provided however that no resolution may contravene the express provisions of this Agreement.

e. In the event the Parties are unable to resolve the issue within seven (7) calendar days of a conference as described in this Article, the employee, Union or Employer may grieve the issue in accordance with the grievance/arbitration provision of this Agreement.

Section 3. Discussions under this Article may be accomplished in person or by telephone or email.

ARTICLE 22

GRIEVANCE, MEDIATION, ARBITRATION PROCEDURE

Section 1. This procedure provides the exclusive procedure available to the Parties and the employees for resolving grievances after the aggrieved employee or Party has exhausted procedures available under Article 21 Informal Problem Solving.

Section 2. Any employee, group of employees or Party may file a grievance under this procedure.

Section 3. A grievance shall be defined as any complaint by a bargaining unit employee or either Party concerning any claimed violation of this Agreement or Employer personnel policies or practices affecting conditions of employment or violation of law.

Section 4. Employees are entitled, but not required, to be assisted by the Union in the presentation of grievances. Any employee or group of employees covered by this grievance procedure may present grievances with or without the assistance of the Union. 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. Any resolution of a grievance may not contravene the express provision of this Agreement. The right of individual presentation does not include the right of taking any matter to arbitration unless the Union agrees to do so.

Section 5. Grievance Procedure.

Step 1. An aggrieved employee or Party shall submit his/her grievance in writing on the Grievance Form, to the Air Traffic Manager and Area Manager, Midwest Air Traffic Control Service, 7300 W. 129th Street, Overland Park KS, 66213 within seven (7) calendar days after exhaustion of resolution under Article 21 Informal Problem Solving. The grievance shall contain the name of the grievant, the Agreement provision allegedly violated, the events giving rise to the claim of violation, the corrective action desired, a description of Informal Problem Solving under Article 21, the name of his/her Union Representative if any, the Union Representative designated for receipt of papers relating to the grievance if the grievance is being processed by the Union, and whether he/she wishes to make an oral presentation. The grievance shall be hand-delivered, faxed or emailed to the Air Traffic Manager and by fax, United States mail or email to the Area Manager. For purposes of this Article, the date of the grievance shall be the date of the fax, the postmark on the envelope containing the grievance or the date of the email submitted to the Area Manager. Failure to provide all of the information listed above will result in the grievance being denied. The decision of the Air Traffic Manager shall be delivered to the employee and, if the employee is proceeding with Union representation, the Union Representative within seven (7) days following receipt of the written grievance.

Step 2. If the Union or individual is not satisfied with the decision rendered in Step 1, the Union or individual may within five (5) calendar days of the date of the decision, advise the Area Manager, Midwest Air Traffic Control Service, Inc., 7300 W. 129th Street, Overland Park KS, 66213 that it wishes the matter be reviewed by the appropriate Employer official or his/her designee. The Union, if proceeding on its own or with the aggrieved individual, shall be notified of the Employer’s decision within seven (7) days by US mail, fax or email.

Section 6. Mediation – Step 3. If the grievance is not resolved at Step 2, within seven (7) days of the Employer’s decision at Step 2, the Union and the Employer may agree to mediate, using the FMCS services or a mediator agreed to by the Parties. The mediator may recommend a resolution, however, the mediator’s recommendation shall not be binding.

Section 7. Arbitration – Step 4.

a. The Union or Employer may, within ten (10) calendar days of mailing of the Step 2 decision or actual receipt thereof whichever is earlier or within ten (10) days of the Mediation at Step 3, notify the other by either email, fax or certified mail return receipt requested and if by email or fax with a copy deposited in the United States mail postage prepaid and addressed to the other, and if by the Union, addressed to the Employer’s President and CEO with courtesy copies to the

Employer’s counsel and Executive Vice President at the Employer’s corporate office and if by the Employer, addressed to the Union’s national office, that it desires the matter be submitted to arbitration. The arbitrator shall be mutually agreed by the Parties. If the Parties are unable to agree upon an arbitrator by consensus, the moving Party shall obtain a subregional panel consisting of seven names from FMCS, and shall be responsible for any administrative fee levied. If the Parties request and receive an arbitration panel, the Parties shall within a reasonable time after receipt of the arbitrator panel select an arbitrator to hear the case, by alternatively striking names until one (1) remains with the Party or individual who strikes first to be determined by a flip of a coin and either Party may strike the entire panel one time each. Either Party may submit a grievance affecting all employees represented by PATCO, Inc. as provided at Section 8 National Level Grievance Procedure of this Article 22.

b. The arbitration shall be heard at a mutually convenient time and at a location determined by the Parties. The grievant shall be permitted time off from work without pay to attend the arbitration and witnesses, operational requirements permitting, shall be provided time off without pay to attend the arbitration. All witnesses must notify the Employer at least two (2) weeks in advance of any request to be off work to attend the arbitration.

c. The arbitrator shall submit his/her decision to the Employer and Union within a mutually agreed upon time frame following the close of the record. The decision of the arbitrator is final and binding.

d. Unless otherwise stated herein, the arbitrator's fees and expenses incurred under this Article shall be borne equally by the Parties to the arbitration. If a verbatim transcript of the hearing is made and either Party desires a copy, the requesting Party will bear the expense of the original and any copies it obtains, including a copy for the arbitrator. If both Parties obtain copies of the transcript, the cost of transcript, and the original and one copy to each Party will be borne equally by the Parties. No Party may record the hearing, whether visual or audio.

e. 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).

f. Questions as to whether or not a grievance is on a subject matter arbitrable under the grievance/arbitration provisions of this Agreement shall be submitted to the arbitrator for decision prior to arbitration on the merits. The arbitrator shall have no authority to add to, subtract or modify any language of this Agreement and the arbitrator shall not have any authority to change any wage rate, or COLA or benefit provision of this Agreement.

Section 8. National Level Grievance Procedure: A national grievance will be designated as such by the Union or the Employer. If the Union or the Employer agrees to the designation of national grievance, the resolution for the national grievance will apply to all bargaining unit employees of each bargaining unit where the Union is the collective bargaining agent of bargaining unit employees as described at Article 2 Section 1 of this Agreement. If the Union or Employer disagrees to the designation of national grievance, the issue shall be submitted to the arbitrator for decision along with the underlying grievance. In the case of any grievance at the national level which the Union or the Employer may have against the other, the moving Party shall submit the grievance to the other Party within twenty (20) days of the time the moving Party may have been reasonably expected to have learned of the event giving rise to the grievance. Employer national grievances shall be submitted to the Union President and Union national grievances shall be submitted to the Employer’s Area Manager with courtesy copies to the Employer’s Executive Vice President and Counsel at the Employer’s corporate office. If requested, the Parties may discuss (in person or by telephone) with each other the matter for the purpose of resolving the grievance to their mutual satisfaction at any time or agree to mediation under Section 6 — Step 3 of this Article 22 within the time limits permitted for bringing a grievance. An arbitrator to hear a national grievance will be selected as provided at Section 7 Arbitration Step 4 (a) above.

Section 9. Failure to answer any grievance within the time periods specified in this Article or otherwise agreed to by the Parties to the grievance will result in the grievance being automatically advanced to the next level. Failure of the aggrieved Party to appeal a decision to the next level will result in the Parties accepting the last decision as final and binding.

Section 10. Unless otherwise specified in this Article, discussions under this Article may be accomplished in person or by telephone or email.

ARTICLE 23

SENIORITY

Section 1. Company seniority is defined as the length of continuous service with the Employer commencing from the date of hire and Facility Seniority is defined as the continuous length of service at the facility both as an employee of Midwest and of the predecessor contractor(s) at that facility. Facility Seniority shall be the first determining factor in selection of vacation, days off, assignments to the watch schedule, and holidays, among bargaining unit employees.

Section 2. New employees shall be considered probationary for a period of one hundred

(100) days from the date of hire by the Employer. During such probationary period an employee may be terminated or otherwise disciplined and shall not have access to the grievance and arbitration procedures of this Agreement.

Section 3. Any employee covered by this Agreement who suffers a break-in-service shall lose all seniority rights accrued to the date of his/her break-in-service. If such employee is later re-employed by the Company, both Company Seniority and Facility Seniority shall date from the first day of work following re-hire. A break-in-service occurs when the bargaining unit employee:

a. resigns employment from the Company;

b. is terminated for any reason;

c. is on layoff for three (3) months or more;

d. is absent three (3) days without calling in;

e. overstays a leave of absence or vacation without notice to the Company; or

f. is not employed and working for the Company for ninety (90) days unless otherwise agreed to by the Company and the Union in a signed writing.

ARTICLE 24

HOLIDAY PAY

Section 1. The following are paid holidays for all bargaining unit employees covered by this Agreement: New Year’s Day, Martin Luther King, Jr’s Birthday, Washington’s Birthday, Good Friday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day.

Section 2. Employees requesting time off for a Holiday or day in lieu of a Holiday shall be selected by seniority prior to posting shift assignments to the watch schedule. If requested time off is denied, and later becomes available, it shall be made available based on seniority.

Section 3. In the event a holiday falls on an employee’s regularly scheduled day off, the holiday will be observed on a date to be decided by the employee and the Air Traffic Manager, however, holiday pay will be included in the paycheck immediately following the pay period in which the actual holiday fell.

ARTICLE 25

LEAVE WITHOUT PAY

On request an employee may, in the sole discretion of the Employer, be granted leave without pay not to exceed thirty (30) days, and such leave request must be made at least twenty (20) days in advance unless an emergency situation. Bargaining unit employees serving duties in the United States National Guard or a Reserve in the Armed forces shall be granted Employer leave in accordance with the Uniformed Services Employment and Reemployment Rights Act

(USERRA).

ARTICLE 26

MEDICAL

Section 1. A 2nd Class Medical Certificate issued by an Airmen Medical Examiner (AME) is required for initial employment pursuant to Federal Aviation Administration rules and regulations and is at the employee's cost. The Employer shall pay for subsequent routine annual 2nd Class physical examinations up to the usual and customary cost for such examinations in the area where the employee is employed. 2nd Class Medical Certificate examinations may only be performed by a certified AME.

Section 2. One (1) routine medical examination required by the Employer shall be scheduled on duty time each year. The Air Traffic Manager and employee shall coordinate to permit a 2nd Class Medical Certificate examination to be scheduled prior to the last day of the month in which an employee’s medical certificate expires.

Section 3. Employees shall not perform air traffic control duties beyond the last day of the month in which their 2nd Class Medical Certificate expires.

Section 4. Each bargaining unit employee must notify the Air Traffic Manager of the facility where employed as follows:

a. on hire, the month on which his/her 2nd Class Medical Certificate expires.

b. on the first day of the month in which his/her 2nd Class Medical Certificate will expire, and.

c. within forty-eight (48) hours, but in no case later than the start of the next assigned shift, if his or her 2nd Class Medical Certificate has been revoked, suspended, denied or is otherwise no longer current and valid. This includes written notice from an AME or FAA medical personnel that his or her 2nd Class Medical Certificate may be in jeopardy.

ARTICLE 27

REOPENER CLAUSE

Section 1. In the event any law, regulation or legislation is enacted which affects any provision of this Agreement, the Parties, upon written request by the Union national representative or Midwest at the corporate level, shall reopen discussion of that provision.

Section 2. In the event that any law or legislation renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall continue in effect for the term of this Agreement.

Section 3. Any request for negotiations under this Article must be made within ninety (90) days of the event upon which the requested reopener is based.

Section 4. It is further agreed by the Parties that if there is any conflict between the provisions of this Agreement and any legal obligations imposed on the Employer by federal or state law or regulations, rules or presidential executive orders, such legal obligations shall be controlling.

ARTICLE 28

CRITICAL INCIDENT STRESS DEBRIEFING (CISD)

Upon request, an employee involved in or witnessing an aircraft accident shall be relieved from operational duties as soon as feasible.

ARTICLE 29

OPERATIONAL ERROR/DEVIATION

Section 1. Employees believed to be involved in an operational error/deviation (OE/OD) shall be relieved from position as soon as operationally possible when the occurrence of an operational error/deviation is known or suspected.

Section 2. If the Employer determines that an OE/OD may have occurred and any bargaining unit employee is to be interviewed, the facility Union Representative or his or her designee may be present at no cost to the Company. If requested by the employee(s), and operationally practicable, the Union representative or designee may be present during the interview process. The employee and his/her Union Representative shall be permitted to review relevant recordings and data available within the facility before the employee submits a final statement concerning an operational error/deviation.

Section 3. The employee and the Union representative shall upon request be provided a copy of the final Operational Error/Deviation Report prior to submission, if received by the Employer. The employee or Union Representative may submit comments, in writing, to the Air Traffic Manager regarding the final Operational Error/Deviation Report.

Section 4. Any action taken against any employee because of any operational error/deviation will be accomplished in accordance with FAA Order JO3120.4 and other appropriate regulation.

ARTICLE 30

OFFICIAL PERSONNEL FILE

Section 1. There shall be one official personnel file maintained for each employee.

Section 2. Upon written request to the corporate office Area Manager, an employee may review his/her personnel file at the employee’s expense. The employee may not remove any item from any personnel file including his/her own personnel file.

Section 3. If an employee believes there is a discrepancy in the material contained in the official personnel file, the employee may submit comments and/or recommended corrections, which shall be included in the file.

Section 4. As a general guide, a two-year time frame should be used in determining freshness.

ARTICLE 31

PERSONAL APPEARANCE

Section 1. All employees shall maintain a neat, clean, business-like appearance while on duty that does not erode the public confidence of the air traffic control workforce. Faded, tattered, dirty, soiled or stained clothing will not be permitted. When wearing shorts, they should be the Docker’s style or long shorts to the knee.