J-3.3 RVA-NATCA Collective Barganing Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT

Between the

National Air Traffic Controllers Association

And

Robinson Aviation (RVA), Inc.

December 11, 2016 to December 30, 2020

NATCA/RVA COLLECTIVE BARGAINING AGREEMENT

ARTICLE TITLE PAGE

1 PARTIES TO THE AGREEMENT

2 UNION RECOGNITION AND REPRESENTATION

3 RIGHTS OF UNION OFFICIALS

4 EMPLOYEE RIGHTS

5 EMPLOYER RIGHTS

6 REPRESENTATION RIGHTS

7 CHANGES IN WORKING CONDITIONS

8 INFORMAL PROBLEM SOLVING

9 GRIEVANCE PROCEDURE

10 DISCIPLINARY ACTIONS

11 DUES WITHHOLDING

12 SENIORITY

13 PAY ADMINISTRATION

14 WORKING HOURS

15 LAYOFF AND RECALL

16 HOLIDAYS

17 VACANCIES

18 NO STRIKE

19 TRAINING

20 EMPLOYEE RECORDS

21 INJURY COMPENSATION

22 EMPLOYEE RECERTIFICATION

23 POSITION DESCRIPTIONS

24 EMPLOYEE ASSISTANCE PROGRAM

25 MEDICAL QUALIFICATIONS

26 MEAL PERIODS AND BREAKS

27 OCCUPATIONAL SAFETY AND HEALTH

28 PERSONAL PROPERTY REPLACEMENT

29 CRITICAL INCIDENT STRESS DEBRIEFING (CISD)

30 CONTROLLER PERFORMANCE/IMMUNITY PROGRAM

31 UNION PUBLICATIONS AND USE OF EMPLOYERS FACILITIES

32 PARKING

33 AIR TRAFFIC CONTROL FACILITY EVALUATIONS

34 LEAVE

35 HEALTH AND WELFARE

36 RETIREMENT PLAN

37 WAGES

38 SUBSTANCE TESTING

39 CONTROLLER IN CHARGE

40 NEW FACLITIES/CURRENT FACILITIES EXPANSION

41 NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)

42 WHISTLEBLOWER PROTECTION

43 OVERPAYMENT

44 HARSHIP TRANSFERS

45 DATA SECURITY

46 VOLUNTARY LEAVE TRANSFER PROGRAM

47 SURVEYS AND QUESTIONAIRES

48 DRESS CODE

49 SMOKE FREE FACILITIES

50 PROBATIONARY PERIOD

51 NEW TECHNOLOGIES/PROCEDURES

52 PUERTO RICO

53 JOB SHARE

54 PART-TIME EMPLOYEES

55 PROTECTIVE PROVISION

56 EFFECT OF THE AGREEMENT

57 DURATION

APPENDIX I

APPENDIX II

APPENDIX III

APPENDIX IV

APPENDIX V

ARTICLE 1

PARTIES TO THE AGREEMENT

Section 1. This Agreement is made by and between the National Air Traffic Controllers Association (hereinafter, “NATCA” or “the Union”) and Robinson Aviation (RVA), Inc.

and any and all subcontractors thereof, including, but not limited to, CI2 Aviation Inc.

(hereinafter, “RVA” or “the Company” or “the Employer” or “CI2”). 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 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 on any basis protected by applicable local, state or federal law, or on the basis of sexual orientation.

Section 3. The term “day” and “days” as used in this Agreement shall mean calendar days.

ARTICLE 2

UNION RECOGNITION AND REPRESENTATION

Section 1. 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, pursuant to Section 9(a) of the National Labor Relations Act.

Section 2. The Employer agrees that, with respect to each of its facilities where NATCA is the exclusive bargaining representative, as provided for in Section 1 of this Article, the terms and conditions of this Agreement shall become applicable to employees employed at such facility. The terms and conditions of this Agreement will also become effective upon a certified election at the Employer’s other facilities, unless otherwise stated in this Agreement. However, no employee shall suffer a loss of pay or reduction in benefits as a result of this Agreement becoming effective upon recognition of the Union at that employee’s facility, including, but not limited to, wages, health benefits, retirement benefits, paid leave, and holidays. The Employer shall review and, if necessary, update Appendix I of this Agreement not later than every 60 days and provide the Union’s national office with an updated copy.

Section 3. The Union shall designate one Union representative to serve in a representational capacity at each facility (hereinafter, “Principal Facility Representative”). This designation shall be in writing to the Air Traffic Manager. The Air Traffic Manager shall be notified within ten (10) days of any changes.

Section 4. During meetings between the Air Traffic Manager or designee and the Principal Facility Representative or designee, when feasible, the Union will be afforded the ability to include an additional representative.

Section 5. The Employer and/or designees at the corporate level agree to meet/deal with the national officers of the Union and/or designees.

Section 6. If requested by either Party at the national or corporate level the Parties agree to meet at a mutually agreeable time and place.

Section 7. At any meeting called by the Employer, the Union participants called by the Employer to attend shall be in a duty status.

Section 8. With reasonable notification Union officials and/or designees shall be permitted to visit the Employer’s air traffic control towers where NATCA is the exclusive representative to perform representational duties. Visits for other purposes shall be subject to advance coordination.

Section 9. Principal Facility Representatives and/or designee shall be permitted to use annual leave, leave without pay (hereinafter, “LWOP”), or any combination thereof, at their option, to attend Union activities. LWOP provisions for employees elected or appointed to national or regional union offices are defined in Article 3.

Section 10. The Principal Facility Representative or designee shall be allowed up to 30 minutes for orientation of new bargaining unit employees to explain the role and responsibilities of the Union.

Section 11. Staffing permitting, with prior management approval, each Principal Facility Representative shall, on request, be granted duty time to perform representational duties within the facility.

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

Section 13. The Parties recognize that the individually certified towers constitute a merged unit for the purposes of collective bargaining.

Section 14. The Employer will make every reasonable effort to ensure that each Principal Facility Representative shall be released upon request without pay for up to twenty four (24) hours annually in order to attend NATCA trainings and briefings. The Union will provide a minimum of ninety (90) days advance notice for scheduling purposes, unless otherwise mutually agreed to by the Parties. Requests for LWOP under this section shall not be denied in order to avoid the payment of overtime or when the Air Traffic Manager is available to backfill behind the LWOP.

Section 15. The Employer will make every reasonable effort to ensure that each regional Union representative shall be released upon request without pay for up to thirty two (32) hours annually in order to attend NATCA trainings and briefings. The Union will provide a minimum of ninety (90) days advance notice for scheduling purposes, unless otherwise mutually agreed to by the Parties. Requests for LWOP under this section shall not be denied in order to avoid the payment of overtime or when the Air Traffic Manager is available to backfill behind the LWOP. LWOP under this section cannot be combined with section 14.

Section 16. To obtain voluntary recognition at a particular RVA/Subcontractor Tower, NATCA must present to RVA valid standard authorization cards signed by a majority of the non-supervisory air traffic control specialists employed at that facility. To be valid, the authorization cards must contain the printed and signed names of the employees and must be dated within the one hundred twenty (120) day period immediately preceding the NATCA request of recognition. Such cards will be used only to verify majority status.

Upon receipt of the NATCA request and authorization cards, RVA will determine the validity of the information submitted and, if there are no questions as to validity or majority, will grant voluntary recognition within thirty (30) days thereafter. This grant will have the same force and effect as a certification by the National Labor Relations Board (hereinafter, “NLRB”) and a copy will be provided to the NLRB for its records. In the event RVA determines there is a question as to validity or majority, it may decline to grant voluntary recognition and NATCA may petition the NLRB.

ARTICLE 3

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 for an elected term of office or appointments of at least one year or more shall be granted LWOP concurrent with the elected term of office or appointment. Each request by an employee for such LWOP 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 Employer at the corporate level. Absent an emergency or other special circumstance the release of the employee after thirty (30) days notice shall not be delayed.

Section 2. Upon completion of a period of LWOP granted under Section 1 of this Article, the Union official shall be returned to duty at the facility to which the employee was assigned prior to assuming LWOP status if a position is available. If the employee is unable to return to his/her original facility the parties at the National and Corporate level will determine an appropriate return to duty location where a vacancy exists.

Section 3. The Union at the national level will provide sixty (60) days written notice to the Employer at the corporate level that the need for LWOP granted under Section 1 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 LWOP 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.

ARTICLE 4

EMPLOYEE RIGHTS

Section 1. Each employee of the bargaining unit has the right, freely and without fear of penalty or reprisal, to form, join and assist the Union or to refrain from any such activity, and each employee shall be protected in the exercise of this right.

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 Air Traffic Manager for use at non-work times. The tower cab is designated as a work area in all facilities. Under no conditions will radios, televisions, personal computers and/or electronic devices be allowed in the tower cab, except as otherwise specified in this Section. Cellular phones/pagers shall be powered off in all operational areas. While assigned to a position of operation, reading material will be limited to that necessary for the operation of the position. Pornographic material of any type shall not be permitted in the facility.

The Parties agree that for shifts where the majority of the hours fall between 10:00 p.m.

to 6:00 a.m., radios and appropriate reading material shall be allowed in operational areas, as traffic permits. Should an employee choose to bring in such items into the operational area, he or she will be responsible for removing them at the end of their shift.

Section 4. Any bargaining unit employee authorized by the Employer to attend any meetings scheduled by the Employer away from the facility shall be entitled to normal pay, lodging, travel and per diem allowances. In those situations where the Employer requires the employee to attend any meetings or training, the employee shall be entitled to normal pay, lodging, travel and per diem allowances. Such reimbursements shall be at the reimbursement rates published in the Federal Register except under unusual circumstances.

Section 5. Comprehensive general liability insurance is provided at no cost to the employee, such that, 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 as provided for in the plan.

Section 6. The Parties covered by this Agreement, shall have the protection of all rights to which they are entitled under the Constitution of the United States.

ARTICLE 5

EMPLOYER RIGHTS

Section 1. Subject to the terms of this Agreement, 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 rules related to the conduct of the business, and the determination of all services, processes and standards 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, and direct its employees.

Section 2. The Employer Rights described in Section 1, above, include, but are not limited to, such items as:

(1) The ability to determine the mission, budget, organizational structure, number of employees, and internal security and administrative practices.

(2) To hire, discipline, suspend or discharge, promote, lay-off and take actions necessary to maintain the efficiency of the operation.

(3) To assign work and determine the personnel by which the company operations will be conducted.

(4) With respect to filling positions, to make selections among qualified candidates, or any other source.

(5) To take whatever actions may be necessary to carry out the company mission.

(6) To determine any and all services, processes and standards required by a contractual customer.

(7) To determine the number of employees it shall employ, establish new jobs, abolish and/or change existing jobs, employees and working hours.

Section 3. The Employer reserves the right to take whatever actions may be necessary to accomplish its mission during emergencies.

Section 4: (1) The entitlements of the Parties are those upon which the Parties have reached agreement and understanding during the course of the negotiations leading to this Agreement. Upon the effective date of this Agreement, all past practices, any and all memoranda of agreement or understanding, or written or oral agreements whether formal or informal, shall have no force or effect and shall not be binding on the Parties in any respect. The foregoing applies at all levels of RVA and NATCA, from the local to corporate/national levels.

(2) Unless authorized at the corporate/national level, the parties shall not increase or diminish the entitlements set forth in this Agreement.

ARTICLE 6

REPRESENTATION RIGHTS

Section 1. The Parties recognize management’s right to meet with employee(s) without union representation, and the employees’ right to be represented at any meeting with management which will or may potentially result in the imposition of discipline. If during the course of a meeting it becomes apparent for the first time that a discipline or potential discipline could arise, the Employer shall stop and reschedule the meeting following advanced 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 the 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 Union representative before the meeting.

Section 2. The Air Traffic Manager will only deal with the Principal Facility Representative concerning matters affecting working conditions, unless otherwise agreed to by the Parties.

Section 3. By mutual consent, including that of the employee(s) in the case of Section 1, 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 obtained from a bargaining unit employee, who is the subject of an investigation, unless the confidentiality of that employee is waived by the representative or disclosure of information is compelled through the legal process by a third party.

ARTICLE 7

CHANGES IN WORKING CONDITIONS

Section 1. Whenever the Employer contemplates a change in policy affecting the terms and working conditions of bargaining unit employees, the Employer shall notify the Union at the appropriate level thirty (30) days in advance of the change or as soon as practicable. Within ten (10) days of the notification, the Employer shall meet with the Union representative to discuss the proposed change. Within the ten (10) day window, the Parties agree to meet in collaboration to reach an agreement on the proposed change.

If the Parties cannot reach agreement, the issue will be elevated to RVA Corporate and NATCA Headquarters. The Union shall have ten (10) days to request a meeting to discuss the elevated issue. If requested by the Union, the Employer shall enter into negotiations over the proposed change in accordance with the National Labor Relations Act as amended.

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:

a. When a complaint/problem/concern arises, the employee, Union or Employer may notify the other affected Party of the complaint, problem or concern within twenty (20) days of the event or discovery of the event giving rise to the complaint/problem/concern and try to resolve the complaint/problem/ concern informally by mutual agreement. A meeting will be held as soon as practicable, but no later than twenty (20) days, to discuss the issue. Those in attendance will include the affected employee, the Principal Facility Representative or designee, the Air Traffic Manager or, if the Air Traffic Manager so desires, the Employer’s Area Manager and/or designee. 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.

b. Any agreed to resolution under this Article shall fully resolve the complaint/problem/concern.

c. In the event the Parties are unable to resolve the issue within twenty (20) days of the meeting as described in Section 2.a., the employee and/or the Union may grieve the issue in accordance with Article 9 of this Agreement.

ARTICLE 9

GRIEVANCE PROCEDURE

Section 1. A grievance shall be defined as any complaint by a unit employee or the Union concerning any claimed violation of this Agreement or Employer personnel policies or regulations affecting conditions of employment.

Section 2. This procedure provides the exclusive procedure available to the Parties and the employees in the unit for resolving grievances except as provided in Section 4 of this Article. Any employee(s) or the Union may file a grievance under this procedure.

Bargaining unit 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 does not include the right of taking the matter to arbitration unless the Union agrees to do so.

Section 4. In the case of grievances concerning disciplinary actions, the Union may elect to utilize the procedures of Section 5 or Section 12.

Section 5. Employee and facility grievance procedure:

Step 1. An aggrieved employee or the Union shall submit a grievance, in writing, to the Air Traffic Manager within twenty (20) days of the event giving rise to the grievance or within twenty (20) days of the time the employee may have been reasonably expected to have learned of the event. The grievance shall be submitted on the standard grievance form and shall contain the name of the grievant, the alleged violation, the corrective action desired, the name of the Union Representative and whether the employee wishes to make an oral presentation. Failure to provide all of the information listed above will result in the grievance being returned for completion. The time limit will continue to run during the period the grievance is returned. If requested, the Air Traffic Manager shall, prior to making a decision, afford the employee and/or the Union Representative an opportunity to present the grievance orally. The Air Traffic Manager shall deliver the decision to the Union Representative or the employee as appropriate within twenty (20) days following receipt of the written grievance or within twenty (20) days following the presentation, whichever is later. The decision shall be delivered either by certified mail, return receipt requested, or personally delivered. If the grievance is denied, the reason(s) for denial will be in the written response.

Step 2. If the Union is not satisfied with the decision rendered in Step 1, the Union may within twenty (20) days following receipt of the decision, advise the Area Manager that it wishes the matter to be reviewed by the appropriate Area Manager.

The Union will be notified by certified mail, return receipt requested, within twenty

(20) days of the Area Manager decision. If the grievance is denied, the reason(s) for denial will be in the written response.

Step 3. If the Union is not satisfied with the Area Manager’s decision, the Union may advise the President, by certified mail, within 20 days that it desires the matter to be reviewed by the President or designee. The Union will be notified within 20 days, by certified mail, of the President’s or designee’s decision. If the grievance is denied, the reason(s) for denial shall be in writing.

Step 4. The Union at the national level may, within thirty (30) days following receipt of the Step 3 decision, notify the President or designee, by certified mail, return receipt requested, that it desires the matter be submitted to arbitration. An arbitrator shall be selected from the panel by the Parties by alternately striking names until one remains with the choice of first strike determined by the flip of a coin or as otherwise mutually agreed.

Section 6. National grievance procedure:

Step 1. In the case of any grievance which the Union at the national level may have against the Employer at the corporate level, or which the Employer at the corporate level may have against the Union at the national level, the moving Party shall at that 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.

Step 2. The responding Party shall answer the grievance in writing within twenty

(20) calendar days following the date the grievance was received. If the moving Party is not satisfied with the answer, the matter may be referred to arbitration. The moving Party shall, at the national/corporate level, so advise the responding Party at the national/corporate level by certified mail within thirty (30) calendar days following the receipt of the respondent’s answer or the date the answer was due. An arbitrator shall be selected from the panel by the Parties by alternately striking names until one remains with the choice of first strike determined by the flip of a coin or as otherwise mutually agreed.

Section 7. The Parties shall create a panel of five mutually acceptable arbitrators, unless otherwise agreed to by the Parties. These arbitrators shall be geographically located within the Company’s area(s) of operation. After one 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.

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 grievant shall be in a duty status, if otherwise in a duty status, during the arbitration. The arbitrator shall submit the decision to the Employer and the Union representatives as soon as possible, but in no event later than 30 days following the close of the record unless the Parties waive this requirement. The decision of the arbitrator is final and binding. With regard to national grievances, as defined in Section 6 of this Article, the decision of the arbitrator is final and binding on all facilities where NATCA is the exclusive bargaining representative.

Section 9. The arbitrator’s fees and expenses of arbitration incurred under this Article shall be borne equally by the Parties. 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. The Parties will share equally the cost of the transcript, if any supplied to the arbitrator.

Section 10. The arbitrator shall rule only on 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.

Section 11. If the Employer fails to issue a decision within the specified time limits, the Union may proceed to the next step without a decision.

Section 12. Expedited arbitration: The Union at the national level may request expedited arbitration of a disciplinary action involving suspension of more than 30 days or discharge, by notice to the Company within ten days following the effective date of the discipline. Within ten days after receipt of the request, an arbitrator shall be selected from the panel by the Parties or by alternately striking names until one remains. An arbitrator unable to hear an expedited arbitration case within 15 days shall be deemed unavailable and the next arbitrator in turn 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 a decision as soon as possible, but not later than 15 days after the hearing has been held.

Section 13. The Parties may, by mutual agreement, stipulate the facts and the 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 relied upon for the action taken by the Employer.

Section 15. The Parties reserve their rights to appeal an arbitrator’s decision in accordance with applicable law.

ARTICLE 10

DISCIPLINARY ACTIONS

Section 1. This Article covers actions involving oral and written admonishments, written reprimands, suspensions, removals, and/or 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. When the Employer decides that corrective action is necessary, consideration should be given to the application of measures which, while not disciplinary, will instruct the offending employee and/or remedy the problem. When it is determined that discipline is appropriate, informal disciplinary measures should be considered before taking a more severe action. However, it is not necessary to have taken an informal disciplinary measure before administering a formal measure. Disciplinary actions must be determined on the merits of each individual case. Normally disciplinary action taken by the Employer shall be progressive, corrective, and remedial in nature so as to address specific conduct.

Examples of exceptions to progressive disciplinary action may be where an employee threatens a co-worker with bodily harm, stealing, falsifying documents, or the employee is a threat to the air traffic system. The prior sentence in no way diminishes the right of the Union to grieve any discipline issued under just cause. The Employer shall consider whether the problem can be resolved through such corrective action as closer supervision, admonition, or oral reprimand, prior to initiating formal disciplinary action.

Section 3. The employer shall not be responsible and shall have no liability for discharge of any bargaining unit employee which is directed in writing to the employer by the Federal Aviation Administration (hereinafter, “FAA”), for cause.

Section 4. No employee shall be disciplined to the extent of loss of pay or discharged without being advised in writing of the precise charge, or charges, preferred against the employee leading to such action. Except for oral admonishments, written admonishments and written reprimands, the following procedures will be used to take disciplinary actions and actions to discharge an employee:

a. The Employer shall give written notice to the employee proposing a disciplinary action or discharge. The notice shall state the precise charge or charges against the employee, and the facts and reasons supporting such action. This notice shall be presented directly to the employee 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.

b. The employee shall be given the opportunity to reply to the notice orally and in writing, within seven (7) days from the date the employee receives notice proposing the action.

c. In cases involving a proposed discharge, the employee may be placed on unpaid administrative leave for the duration of the process contained in this Section. In all other cases, employees shall remain in paid status.

d. The employee’s representative may participate in the employee’s oral or written reply.

e. The Employer shall consider the employee’s oral and/or written reply, and then give the employee and the Union a written decision concerning the proposed action.

Section 5. An employee against whom action is taken under this Article and their Union representative shall have the right to review all of the information relied upon by the Employer to support the action and shall be given a copy upon request.

Section 6. 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. The letters of confirmation of discussion shall be completed as soon as practicable after the event.

Section 7. Records of disciplinary action below a suspension shall be expunged from the employee’s service record not later than two years from the date of the action, but not later than thirty (30) days after the two-year anniversary of the disciplinary action.

Suspensions shall be expunged from the employee’s service record not later than three years from the date of the action, but not later than thirty (30) days after the three-year anniversary of the disciplinary action.

Section 8. Any notifications made to an employee under this Article shall be personally delivered to the employee and delivered to the Union representative by the Facility Manager. If the employee is not available, the Employer shall deliver notification to the employee by certified mail, return receipt requested.

Section 9. An employee’s off-duty misconduct shall not result in disciplinary action, unless a nexus can be shown between the employee’s off-duty misconduct and the efficiency of the service. Any proposed action for off-duty misconduct will contain a statement of the nexus between the off-duty misconduct and the efficiency of the service.

ARTICLE 11

DUES WITHHOLDING

Section 1. The Employer agrees to deduct Union dues from an employee’s wages uniformly and lawfully levied by NATCA and to remit same to NATCA 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.

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. All deductions 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 year. Upon receipt of the revocation form, NATCA will notify the Employer to discontinue withholding of dues from the employee’s pay.

ARTICLE 12

SENIORITY

Section 1. Seniority is defined as the length of continuous service with a Federal Contract Tower (hereinafter, “FCT”) employer commencing from the earliest date of hire with an FCT employer. In the event that two or more employees share the identical hire date, seniority shall be determined by lottery.

Section 2. Any employee covered by this Agreement who experiences a break in service shall lose all seniority rights accrued to the date he or she leaves the service of the Company. If such employee is later re-employed by the company, seniority shall begin on the day of the re-hire. A break in service occurs when the bargaining unit employee:

a. Resigns employment from the Company;

b. Is terminated for cause; or

c. Is on layoff for two (2) years or more.

Section 3. Any employee covered by this Agreement who accepts a corporate position (e.g., Area Manager) 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.

ARTICLE 13

PAY ADMINISTRATION

Section 1. The Employer shall pay employees all wages due, excluding benefits funds payout, 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, as a minimum, the following information:

• total wages paid;

• itemized list of all deductions;

• total regular hours worked and associated wages;

• total overtime hours worked and associated wages;

• total hours worked for which non-overtime differentials and/or premiums were earned and associated wages;

• paid time off (vacation, etc.) usage and balance;

• sick leave usage.

Section 3. Employees may elect to have their wages, or portion(s) thereof, directly deposited in up to three different checking or savings accounts. Requests for direct deposit must be submitted in writing to the appropriate Company official and provide all necessary information.

ARTICLE 14

WORKING HOURS

Section 1. The employees regular work week is defined as Sunday through Saturday.

Section 2. Full time employees will be scheduled to work forty (40) hours per week.

Section 3. The facility hours of operation are normally determined by the airport authority and/or the FAA. The number of consecutive hours and days worked by bargaining unit employees shall not exceed those specified by applicable laws and regulations.

Section 4. Under circumstances necessitating changes in the basic watch schedule (e.g., increase or decrease in personnel working hours), the Principal Facility Representative will be afforded the opportunity to discuss and collaborate with the Air Traffic Manager, in good faith, concerning the changes prior to implementation. The Principal Facility Representative will be provided all information necessary in order to engage in these discussions and collaborations. This section shall not apply to temporary changes made for the purpose of accommodating vacations, etc. Shifts on the Posted Watch Schedule for coverage of vacations, etc., may be different than those on the Basic Watch Schedule, both in assignment for a particular day and/or different hours for a shift.

Section 5. The basic watch schedule is defined as the days of the week, hours of the day, rotation of shifts, and change in 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 6. The basic watch schedule will be posted at least six months in advance.

When circumstances necessitate a change, the basic watch schedule may be changed in accordance with the provisions of Section 4. Assignments to the watch schedule will be by seniority with the controller having the greater seniority having first choice among controllers. Assignments to the watch schedule shall be posted at least fifteen (15) days in advance. The Employer recognizes that changes of individual assignments to the watch schedule are undesirable. Unless exceptional circumstances exist, an employee’s shift will 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 an employee may be entitled.

Section 7. 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. Such exchange will be submitted on a shift swap form at least three days in advance to the Air Traffic Manager and approved or disapproved as soon as possible.

Section 8. Normally, the placement of part-time employees on the watch schedule will be by seniority with the part-time employee with the greater seniority having first choice of part-time shift and hours unless otherwise agreed to by the Parties. Normally, part time employees, by seniority, will be afforded the right of first refusal for full time vacancies at their facility before new hires.

Section 9. Job Share and part-time employees shall accrue seniority and vacation leave in accordance with Article 53, Section 9. Placement of Job Share employees on the basic watch schedule shall be by the seniority of the most senior employee sharing the Job Share position.

Section 10. Any employee required to come in early or remain beyond the assigned ending time of the shift specifically for the purpose of position-relief briefing shall be compensated for actual required briefing time in accordance with the law.

ARTICLE 15

LAYOFF AND RECALL

Section 1. In the event of a layoff, 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 layoff. RVA shall ensure receipt of written layoff notices by each employee through personal delivery of the notices to each affected employee or via certified mail return receipt requested. A list of all current vacancies shall be attached to the employees’ layoff notices. The Company shall provide copies of all layoff notices and vacancies to the Union at least 48 hours in advance of delivering such notices to employees.

Section 2. An employee affected by a layoff will have the following options:

a. Accept an offer of employment at another of the Employer’s facilities where a vacancy exists.

b. Be placed in a layoff status.

Section 3. Employees in layoff status shall retain their seniority and recall rights to controller positions that become available prior to granting transfer requests or hiring new employees. Recall rights will be based on their seniority as of the date of their layoff and will remain in effect for a period of two (2) years. Any employees recalled under this Agreement shall not be considered to have had a break in service and shall retain their seniority accrued as of the date of their layoff. Employment outside of RVA after a layoff shall have no effect on the employees’ recall rights and seniority at RVA.

Section 4. RVA shall maintain a Recall List of all laid off employees. The Recall List shall include the name of the laid off employee, his/her address, email, and telephone number(s). A laid off employee shall be placed on the Recall List for two (2) years following the layoff. RVA shall email and mail a copy of the Recall List to NATCA’s Director of Labor Relations within seventy-two (72) hours of the layoff. Should the Recall List be modified in any way, RVA shall provide a copy of the modified list to NATCA within twenty-four (24) hours of the modification.

Section 5. Employees shall have five (5) business days from receipt of the layoff notice and attached vacancy list to request vacant positions. If an employee requests multiple vacancies, he or she shall rank the vacancies in order of preference. The Company shall offer vacant positions to employees based on seniority and the employee’s order of preference. Employees will normally be provided fourteen (14) days to accept or decline an offered vacancy; however, in those cases where the Company cannot, due to operational needs, provide fourteen (14) days, a minimum of seven (7) days will be provided to the employee. The employee shall indicate acceptance of a vacant position through facsimile, email, or certified mail to the Company.

Section 6. As new vacancies become available, laid off employees on the Recall List shall be offered such vacancies in seniority order prior to the Company granting transfer requests or hiring new employees. RVA shall notify the Union of any new vacancies as they become available. RVA shall utilize the same procedures for notification, offer, and acceptance of vacant positions as outlined in this Agreement.

Section 7. An employee’s recall rights shall not be affected in the event that the employee declines an offered position at a facility other than the one from which originally laid off.

Section 8. All employees who are laid off shall be entitled, to cash in all vested vacation, both unused annual and banked leave, at their current rate of pay, all funds associated with a 401(k) or other such retirement accounts. Additionally, the employee will receive all excess funds in the laid off employee’s Health and Welfare Benefits account after advances and benefit costs have been reconciled.

Section 9. Employees shall be responsible for providing the Company with their current home address, email address and telephone number(s). The Company point of contact for the provision of data under this section shall be the Air Traffic Manager.

Section 10. RVA shall not contest unemployment insurance benefit claims filed by laid off employees. RVA shall provide any documentation, information, and testimony requested by a laid off employee to support a claim for unemployment insurance benefits.

Section 11. As part of the recall process, if an employee is required to undergo a 2nd class medical/physical examination to obtain or maintain their 2nd class medical certificate, RVA shall pay all costs associated with such examinations.

ARTICLE 16

HOLIDAYS

Section 1. The following are paid holidays (hereinafter, “Holidays”), for which each employee shall be paid Holiday Pay at their regular hourly rate of pay:

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Section 2. All bargaining unit employees will receive Holiday Pay as follows:

1. Full time employees will receive a minimum (8) eight hours Holiday Pay for each Holiday. Holiday Pay shall be eight (8) hours of base hourly pay. If the full-time employee works on the holiday in excess of eight (8) hours, the employee will receive Holiday Pay equivalent to the numbers of hours worked, not to exceed a maximum of (10) ten hours Holiday Pay.

2. Part-time employees will be paid Holiday pay on a pro-rated basis based on the number of total hours worked by each part time employee in the pay period that includes the Holiday. If the part-time employee works on the Holiday in excess of the pro-rated amount, the employee will receive Holiday Pay equivalent to the numbers of hours worked.

3. Job Share Employees will split the Holiday Pay in Section 1 for each Holiday on a pro-rated basis. The pro rata share shall be based on the number of hours worked by each Job Share employee in the pay period that includes the Holiday. In no event will the total Holiday Pay to job share employees sharing any job-share position exceed a total of eight (8) hours for the Holiday, unless the shift is a ten-hour shift in which case the Holiday Pay will not exceed ten (10) hours for the Holiday.

Section 3. Employees requesting time off for a Holiday will be selected by seniority prior to publishing shift assignments to the watch schedule. If requested time off is denied, and later becomes available, it will be made available on a seniority basis.

Employees who take Holiday time off will receive their normal Holiday Pay for that day as provided in Section 2, but not to exceed eight (8) hours.

Section 4. The Employer shall not reduce staffing of fully certified personnel on holidays solely for the purpose of avoiding Holiday Pay. Personnel that are not fully certified will normally be scheduled for holiday leave on the Holiday.

Section 5. Holiday Pay will be paid on the Holiday. Staffing permitting, if the employee wishes, when a Holiday falls on an employee’s regular day off, he or she may take their first regular day back as leave without pay.

Section 6. Employees shall receive any Holidays legally mandated on a recurring basis in their jurisdiction in addition to the Holidays listed in Section 1.

ARTICLE 17

VACANCIES

Section 1. A vacancy shall first be offered to employees on the recall list pursuant to Article 15. Should the vacancy remain unfilled it shall be offered to employees with a bona fide hardship transfer request on a first come, first served basis pursuant to Article

44. Should the vacancy still remain unfilled it shall be posted using the procedures contained in this Article. Should no employee bid on the vacancy the Employer may fill the vacancy by hiring a new employee.

Section 2. When there is a vacancy, the Employer shall notify bargaining unit employees of all Air Traffic Control Specialist (hereinafter, “ATCS”) vacancies by inserting announcement(s) in all facility Read and Initial binders. The Employer shall also notify the two regional Union representatives simultaneously with the facility notification. A three (3) business day window of opportunity will be provided for individuals to respond if they are interested. At the end of the three (3) business days, a list of interested candidates will be forwarded to the appropriate Area Manager. Employees shall not be required to submit a resume when bidding on a vacancy; however a list of prior facilities worked may be required.

Section 3. All employees will have three (3) business days to bid for the vacant position.

Bids must be submitted via email to vacancies@rvainc.com.

Section 4. It is the intent of the Company to select the most senior qualified bidder. In the event of a staffing crisis, or similar demonstrable issue, the Company may bypass the most senior bidder. At the close of the three (3) business day period, the most senior employee as defined in Article 12 shall be selected for the vacancy, subject to Section 1 of this Article. The Employer shall notify the Union and the employee of selection.

Section 5. Employees may be required to report to the facility within fourteen (14) calendar days of notice of selection unless mutually agreed to by the Union, the employee, and the Employer. Employees shall not have return rights to the position vacated upon transfer. It is also understood that transfers are at the expense of the employee. An employee must have at least one year of service at a facility before being eligible for transfer.