J-3.5 Serco-NATCA Collective Bargaining Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN THE

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION

AND

SERCO INC.

January 1, 2022 to December 31, 2024 i

TABLE OF CONTENTS

ARTICLE 1 PARTIES TO THE AGREEMENT

ARTICLE 2 SPIRIT OF THE AGREEMENT

ARTICLE 3 UNION RECOGNITION AND REPRESENTATION

ARTICLE 4 RIGHTS OF UNION OFFICIALS

ARTICLE 5 EMPLOYEE RIGHTS

ARTICLE 6 EMPLOYER RIGHTS

ARTICLE 7 REPRESENTATION RIGHTS

ARTICLE 8 CHANGES IN WORKING CONDITIONS

ARTICLE 9 INFORMAL PROBLEM SOLVING

ARTICLE 10 GRIEVANCE PROCEDURE

ARTICLE 11 EMPLOYEE RECORDS

ARTICLE 12 DISCIPLINARY ACTIONS

ARTICLE 13 SENIORITY

ARTICLE 14 VACANCIES

ARTICLE 15 WORKING HOURS

ARTICLE 16 LAYOFF AND RECALL

ARTICLE 17 HOLIDAYS

ARTICLE 18 WAGES

ARTICLE 19 TRAVEL EXPENSES

ARTICLE 20 TRAINING

ARTICLE 21 AVIATION SAFETY ACTION PROGRAM

ARTICLE 22 INJURY COMPENSATION

ARTICLE 23 EMPLOYEE RECERTIFICATION

ARTICLE 24 POSITION DESCRIPTIONS

ARTICLE 25 EMPLOYEE ASSISTANCE PROGRAM

ARTICLE 26 OVERTIME

ARTICLE 27 MEDICAL QUALIFICATIONS

ARTICLE 28 MEAL PERIODS AND BREAKS

ARTICLE 29 OCCUPATIONAL SAFETY AND HEALTH

ARTICLE 30 LEAVE OF ABSENCE

ARTICLE 31 CRITICAL INCIDENT STRESS DEBRIEFING (CISD)

ARTICLE 32 CONTROLLER PERFORMANCE/IMMUNITY PROGRAM

ii

ARTICLE 33 UNION PUBLICATIONS AND USE OF EMPLOYER’S FACILITIES

ARTICLE 34 PARKING

ARTICLE 35 AIR TRAFFIC CONTROL FACILITY EVALUATIONS

ARTICLE 36 PAID LEAVE

ARTICLE 37 HEALTH AND WELFARE

ARTICLE 38 DUES WITHHOLDING

ARTICLE 39 PAY ADMINISTRATION

ARTICLE 40 DRESS CODE

ARTICLE 41 PROTECTIVE PROVISION

ARTICLE 42 NATIONAL TRANSPORTATION SAFETY BOARD (NTSB) UNION

REPRESENTATIVES

ARTICLE 43 PROFESSIONAL STANDARDS

ARTICLE 44 FLIGHT DECK TRAINING (FDT)

ARTICLE 45 CONTROLLER IN CHARGE

ARTICLE 46 SUBSTANCE TESTING

ARTICLE 47 SURVEYS AND QUESTIONNAIRES

ARTICLE 48 EFFECT OF THE AGREEMENT

ARTICLE 49 DURATION

APPENDIX 1 REPRESENTED FACILITIES

APPENDIX 2 WAGE RATES

APPENDIX 3 AVIATION SAFETY ACTION PROGRAM

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 Serco Inc. (hereinafter “Serco” or “the Employer” or “the Company”). The Union and the Employer are herein referred to collectively as “the Parties.”

Section 2. Neither Serco, the Union, nor any of their agents shall interfere with, restrain, coerce or intimidate employees because of membership or non-membership in the Union.

The Parties are committed to the consistent and fair treatment of employees, as well as compliance with applicable laws and regulations. It is agreed that there shall be no discrimination by Serco or the Union on any basis protected by applicable local, state or federal law. Employment decisions shall be carried out without regard to an individual’s race, color, religion, national origin, gender, gender identity, gender expression, sex, age, disability, sexual orientation, or other status protected by applicable law.

Section 3. Except as specifically identified in the text, the terms “day” and “days” as used in this Agreement shall mean calendar days.

ARTICLE 2 SPIRIT OF THE AGREEMENT

Section 1. The Parties agree that in order to lay the foundation for the aerospace system of the future and to make a difference for our stakeholders, while addressing the challenges that a changing industry presents, we must harness the collective strength of our employees. To that end, the Parties agree to work collaboratively to modernize and improve the National Airspace System (NAS), and to enhance the work life and productivity of employees.

Section 2. For the purpose of this Agreement, collaboration means both Parties taking responsibility to engage in meaningful dialogue with their counterpart(s). That includes making a genuine effort to ensure that both Parties’ interests have been identified and as many as possible have been addressed before an outcome is determined. Through collaboration, the Parties share a common respect for the rights and responsibilities of the Union and the Employer. Collaboration shall not be construed as a waiver of any Union or Employer right.

ARTICLE 3 UNION RECOGNITION AND REPRESENTATION

Section 1. The Employer hereby recognizes the Union as the exclusive bargaining representative of all full time and regular part time air traffic control specialists, excluding all other employees, guards and supervisors, employed at the air traffic control towers listed in Appendix 1 to this Agreement, pursuant to the National Labor Relations Act.

Section 2. The Employer agrees that, with respect to each of its other facilities where NATCA becomes the exclusive bargaining representative, the terms and conditions of this Agreement shall become applicable to the bargaining unit employees employed at such facility upon a certified election or voluntary recognition, with the economic changes occurring within a time frame and with any modifications agreed to by the Parties and Appendices 1 and 2 shall be amended accordingly.

Section 3. The Union shall designate one (1) Principal Facility Representative to serve in a representational capacity at each facility. This designation shall be in writing to the Air Traffic Manager (hereinafter “Air Traffic Manager” or “ATM”). The Air Traffic Manager shall be notified within ten (10) days of any changes. Only the Principal Facility Representative and/or a designee may represent and/or bind the Union.

Section 4. During meetings between the Air Traffic Manager or designee and the Union Representative or designee, the Parties will be equally represented.

Section 5. If requested by either Party at the national and/or corporate level, the Parties agree to meet in the spirit of cooperation and partnership at a mutually agreeable time and place. If both parties concur, such meetings may be conducted by telephone and/or via other electronic means.

Section 6. At any meeting called by the Air Traffic Manager or designee, Union participants shall be paid regular rate provided that such meeting occurs during the Union participant's scheduled work hours.

Section 7. Upon reasonable advance notification to the Air Traffic Manager or other individual designated by the Employer, any national or regional Union official shall be permitted to visit the Employer's air traffic control towers where NATCA is the exclusive representative to perform representational duties. The Union representatives shall comply with all security and other procedures applicable to visitors to the facility.

Section 8. The Principal Facility Representative or designee shall be allowed up to thirty

(30) minutes paid at regular straight-time rate for orientation of new bargaining unit employees to explain the role and responsibilities of the Union provided that such meeting occurs during the participants' scheduled work hours. The orientation shall be conducted at a mutually agreeable day and time.

Section 9. 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 10. When operational requirements permit, the Employer will grant leave without pay to employees to attend the following hearings held at or near their facility:

a. Grievance arbitration hearings conducted pursuant to the provisions of this Agreement, provided that the employee is a Grievant, the representative of a Grievant, or a witness called by the Union or the Employer.

b. Hearings of the National Labor Relations Board to which the Employer is a party, provided that the Employee is a party to the hearing, the representative of a party to the hearing, or a witness called by a party to the hearing.

Where there is more than one (1) employee who seeks to attend a hearing pursuant to this Article, the parties will schedule the hearings and arrange the presentation of evidence in such a manner so as to create the least amount of disruption to work requirements.

Section 11. The Employer agrees to grant leave without pay to at least one (1) employee to serve on the Union's collective bargaining committee for the purpose of negotiating future collective bargaining agreements provided that operational conditions permit such attendance and provided that the Employer will not incur extra expense.

Section 12. Absent an emergency or other special circumstance, each Principal Facility Representative or designee shall be released with pay for up to 24 hours to attend formal off site NATCA training or briefings per year. The Union will provide forty-five (45) days advance notice for scheduling purposes, unless otherwise agreed to by the Parties. The Principal Facility Representative will provide documentation confirming attendance at such training/briefing within one week of return from such training/briefing.

ARTICLE 4 RIGHTS OF UNION OFFICIALS

Section 1. An employee who is elected or appointed to serve as a national or regional official representative of the Union shall be granted, upon request, leave of absence (LOA) concurrent with the elected term of office or appointment subject to the Employer’s discretion based on staffing levels, contract requirements, and operational needs. Each request by an employee for such LOA 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 sixty (60) days’ notice to the Employer at the corporate level.

Section 2. Upon completion of a period of LOA 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 LOA status if a position is available. If the employee is unable to return to his or her original facility, the Parties at the national level will determine an appropriate return to duty location at a NATCA-represented facility 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 LOA 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 LOA in conjunction with this Article shall be entitled to continuation of seniority and, upon return, participation in benefit plan(s) without a waiting period to the extent allowed by plan documents and applicable law and provided there is no cost to the Employer.

Section 5. The Union recognizes the right of the Employer to hire a replacement for any employee granted LOA as specified by Section 1 of this Article.

ARTICLE 5 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. Under no conditions will televisions and/or electronic devices be allowed in the operating quarters, which include, but are not limited to, the tower cab and equipment room/s. 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.

Section 4. The Employer shall continue to maintain aviation liability insurance at no cost to employees, 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.

Section 5. 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. Employees will not be subject to discipline or other retaliation because of the exercise of the rights to which they are entitled under the Constitution of the United States.

ARTICLE 6 EMPLOYER RIGHTS

Section 1. Except as otherwise provided in this Agreement, the Employer shall maintain the normal and usual functions of management. The parties recognize that such rights, authority, functions and responsibilities include but are not limited to:

� the full control, planning, management and operation of its business and facility;

� the determination and scope of its activities and/or services to be offered, developed, eliminated, modified or used and all methods pertaining thereto, including the location, size and number of departments;

� the determination of materials, parts, machinery and equipment to be acquired, utilized or discontinued and the layout, staffing and scheduling thereof;

� the right to determine, increase or decrease staffing for any department;

� the right to organize, reorganize, combine or discontinue departments;

� the right to hire and direct employees;

� the right to contract or subcontract non-bargaining unit work;

� the training of employees;

� the right to require employees to submit to a medical examination by the Employer;

� the right to establish quality standards and performance standards, procedures and evaluations;

� the right to determine position qualifications, schedules, staffing, shifts, and the right to require overtime work of employees;

� the right to set or change the shift times and number of hours to be worked;

� 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;

� the right to terminate, merge, consolidate, sell or otherwise transfer its business or any part thereof;

� the right to enforce any directives, orders, or other regulatory requirements imposed on the Employer by any regulatory agency so empowered;

� the right to determine the number of employees and the assignment of duties thereto;

� the right to layoff or RIF employees;

� the right to take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency;

� the right to select lead and supervisory personnel and the assignment of their work;

� the right to assign supervisory or management personnel bargaining unit work covered by this Agreement;

� the right to establish, combine, add, change or abolish jobs, duties and descriptions;

� the right to issue, modify, delete and enforce reasonable rules, regulations and policies governing employee conduct and Employer operations.

Section 2. 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 provided such right is not exercised in a capricious or arbitrary manner, and is done so in accordance with Article 48 (Effect of the Agreement) of this Agreement.

Section 3. It is not the intent of this Article to limit any of the normal and usual functions of management to manage its facilities and its daily operations, or the union to define any such functions. Consistent with applicable laws and regulations, the Employer retains all rights not specifically limited by the terms of this Agreement.

Section 4. The Employer reserves the right to take whatever actions may be necessary to accomplish its mission during emergencies provided that wage rates and monetary fringe benefits shall not be suspended.

Section 5. Nothing in this Article shall limit the Union’s right to bargain over the effects of any management right exercised by the Employer, whether explicitly listed in this Article or otherwise, where the exercise of such right affects a bargaining unit employee’s hours, working conditions, pay, or benefits, including and limited to, all mandatory subjects of bargaining under the National Labor Relations Act as amended.

ARTICLE 7 REPRESENTATION RIGHTS

Section 1. The parties recognize management’s right to meet with employee(s) without union representation. 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 advance notice to the Union and the employee(s). When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinary or potential disciplinary situation, the Employer shall notify the employee and the Union in advance. The employee(s) shall be notified of their right to be accompanied by a Union representative.

Section 2. The Air Traffic Manager will only deal with the Union Representative or designee concerning matters in Section 1 of this Article at the facility level, unless otherwise agreed to by the Parties.

Section 3. By mutual consent, including that of employee(s) in the case of Section 1, discussion under this Article may be accomplished by telephone.

ARTICLE 8 CHANGES IN WORKING CONDITIONS

Section 1. It is mutually understood that there is no desire on the part of the Union to dictate the daily business policies of the Employer. Whenever the Employer contemplates a change in policy affecting the terms and working conditions of bargaining unit employees, the Employer will notify the Union, at the appropriate level, fifteen (15) days in advance or as soon as practicable and, if requested by the Union, enter into good faith negotiations over the proposed change. The Union shall make such request within seven

(7) days from notification from the Employer. The Parties shall then confer within five (5) days for the purpose of reaching an agreement over the change. Where mutually agreed, such meetings may be conducted by telephone and/or via other electronic means. Should the Parties be unable to reach agreement, The Employer retains the right to implement the change and the Union retains its rights in accordance with the National Labor Relations Act as amended.

Section 2. The parties agree that this Article shall not apply to any action by the Employer expressly made exempt from mid-term bargaining by another Article in this agreement. The scope of mid-term bargaining under this Article shall include all mandatory subjects of bargaining as defined in the National Labor Relations Act as amended, including the exercise of any management right under Article 6. This Article shall not require mid-term bargaining over the application of existing policies and practices to specific circumstances or individuals unless there is a change to the policy or practice.

Section 3. Any directive, order, contractual obligation, or notice issued by the Federal Aviation Administration (hereinafter “Federal Aviation Administration” or “FAA”) and applicable to employees, or Federal, State or local law, regulation, or ordinance, shall not be subject to bargaining; however, the Union retains the right to bargain over the effects.

Section 4. Nothing in this Article shall prohibit or discourage the Parties from utilizing collaboration, as defined in Article 2, Spirit of the Agreement over any matter covered by this Article.

ARTICLE 9 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, or concern at the earliest stages reduces the use of and need for traditional and more cumbersome, adversarial dispute resolution procedures. Therefore, the Parties are encouraged to use the provisions of this Article to the fullest extent possible to seek resolution of problems through a proactive approach before resorting to other avenues of dispute resolution.

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

a. When a complaint, problem, or concern arises, the employee, Union, or Employer may notify the other affected Party of the complaint, problem, or concern within ten

(10) days of the event or discovery of the event giving rise to the complaint, problem, or 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 within ten (10) days, to discuss the issue. Those in attendance will include the affected employee, the Union Representative or designee, the Air Traffic 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, or concern.

c. In the event the Parties are unable to resolve the issue within ten (10) days of the meeting as described in Section 2(a), the employee and/or the Union or the Employer may grieve the issue in accordance with Article 10 of this Agreement.

Submission of an issue to informal problem solving shall toll the Party’s Article 10 grievance filing deadline for that issue until the timelines in this Section have expired, or until a later date agreed upon by the Parties.

Section 3. Such meetings shall be held at mutually agreeable times. Employees will be on paid time during normally scheduled shifts.

ARTICLE 10 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. A day shall mean calendar days, however, where a deadline occurs on a Saturday, Sunday or Holiday, the deadline shall be extended to the next normal business day.

Section 3. This procedure provides the exclusive procedure available to the Parties and the employees in the unit for resolving grievances except as provided in Section 5 of this Article. Any employee(s) or the Union may file a grievance under this procedure. The joint problem-solving procedures of Article 9 may be used before using the procedures under this Article.

Section 4. 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 as long as the exclusive representative has been given the opportunity to be present during the grievance proceedings. 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 5. In the case of grievances concerning disciplinary actions, the Union may elect to utilize the procedures of Section 6 or Section 12.

Section 6. 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 and the employee within twenty (20) days following receipt of the written grievance or within ten days following the oral presentation, whichever is later. The decision shall be delivered either by certified mail, return receipt requested, or electronic mail 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 ten (10) days following receipt of the decision, advise the ATM in writing that it wishes the matter to be reviewed by the Program Manager or his designee.

Within ten (10) days, the Union will be notified by certified mail, return receipt requested, or electronic mail of the Program Manager’s (or his designee’s) decision. If the grievance is denied, the reason(s) for denial will be in the written response.

Step 3. The Union at the national level may, within 15 days following receipt of the Step 2 decision, notify the Program Manager by certified mail, return receipt requested or electronic mail, that it desires the matter be submitted to arbitration and shall request a list of arbitrators from the Federal Mediation and Conciliation Service (“FMCS”). Within 15 days after receipt of the request, an arbitrator shall be selected from the FMCS list 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. Time limits throughout all the steps of the grievance procedure can be extended by written mutual agreement.

Section 8. 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 may have against the Union, 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 level, so advise the responding Party at the national level by certified mail, return receipt requested, or electronic mail within thirty (30) calendar days following receipt of the respondent’s answer or the date the answer was due. Within fifteen (15) days after receipt of the request, an arbitrator shall be selected pursuant to Section 6, Step 3.

Section 9. 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 or other mutually agreeable location. Any Serco employee who is called by the Employer as a witness shall be in a paid status for the time required to testify. If as a result of a required schedule change, the employee works less than forty (40) hours in the week, the Employer shall ensure they are paid at least forty (40) hours for the week.

The arbitrator shall submit the decision to the Employer and the Union representatives as soon as possible, but in no event later than thirty (30) days following the close of the record unless the Parties waive this requirement. The decision of the arbitrator is final and binding.

Section 10. 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 11. The arbitrator shall rule only on the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s). The arbitrator shall also have no power to add to or subtract from or modify any of the terms of this agreement or any supplementary agreement, nor rule on any matter which arises when this Agreement is not in full force and effect. Questions as to whether or not a grievance is 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 13 of this Article.

Section 12. Expedited arbitrations: The Union at the national level may request expedited arbitration of a disciplinary action involving loss of pay by notice to the Employer within ten (10) days following the effective date of the discipline. In other cases, where the parties mutually agree that the grievance involves an allegation of irreparable harm, the parties may agree to expedited arbitration. Within seven (7) days of submission to expedited arbitration, an arbitrator shall be selected from a panel obtained from FMCS or by alternately striking names until one remains. Where the Parties are unable to mutually agree on whether the grievance involves an allegation of irreparable harm, they will select an arbitrator within seven (7) days and the arbitrator shall decide whether the case is appropriate for expedited arbitration. An arbitrator unable to hear an expedited arbitration case within fifteen (15) days of his selection 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 10 of this Article. The arbitrator shall issue a decision as soon as possible, but not later than fifteen (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 and other information as permitted by law.

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

Section 16. The Parties agree that the time limits set forth in this Article are conducive to the development of a collaborative working relationship between the Parties and the efficient administration of this Agreement. Both Parties commit that they will comply with the time limits in the grievance procedure. Failure by the Union or the bargaining unit employee to timely file a grievance at Step 1 of the grievance procedure shall render the grievance void. If the Employer fails to provide a timely answer at any step in the grievance procedure, the Union may advance the grievance to the next step in the grievance procedure. The failure of the Employer to provide a timely answer to a grievance, or the Union to timely elevate the grievance to the next step in the grievance procedure, may be raised by the aggrieved Party either in connection with that grievance or by the filing of a separate grievance, and the Arbitrator shall have the power to impose an appropriate remedy or sanction.

ARTICLE 11 EMPLOYEE RECORDS

Section 1. There shall be maintained no more than one official personnel file for each employee, which shall be maintained at the Corporate office. Upon written request to the Corporate office, an employee shall be provided a copy of the official personnel file at no cost to the employee. Unless unusual circumstances exist, the entitlement to this request is limited to once per year. It is understood that an employee who travels to the city where the Corporate office is located shall be permitted to review the official personnel file and may reproduce any and all information contained therein. 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.

Any material determined by the employer to be incorrect will be removed from the employee’s official personnel file.

Section 2. It is understood that a working file will be maintained at the facility which contains but is not limited to such items as a copy of an employee’s medical certificate, a copy of an employee’s CTO, tape talks, over-the-shoulder evaluations and similar items and is not considered an employee’s official personnel file and is maintained by management. Employees are entitled to access to this working file.

ARTICLE 12 DISCIPLINARY ACTIONS

Section 1. Disciplinary actions are defined as written reprimands, suspensions, and/or removals. Coaching/verbal warnings generally precede discipline and are not disciplinary action. Position/facility decertification must not be used as a form of discipline and will only be used by the Employer in the interest of safety.

Section 2. An employee will not be discharged, suspended, or otherwise disciplined, nor entries made against the employee's service record without just cause, except as provided for by Article 13, Section 2 of this Agreement. Disciplinary actions must be determined on the merits of each individual case. Progressive discipline generally means written warning, followed by suspension, followed by dismissal. Progressive discipline will be followed except in cases of "serious misconduct" such as theft, fraud, violence, gross insubordination, intentional disregard for safety (knowingly introducing a substantial and unjustifiable risk into the NAS), threatening conduct, abandonment of position, or violation of the substance abuse and testing program.

Section 3. The following procedures shall be used when the Employer considers or issues discipline:

a. Investigation. The Employer will promptly investigate and issue discipline within a reasonable time-period after it becomes aware of the underlying issue/incident/event. The reasonable time-period shall be based on the relevant facts and circumstances including, without limitation, staffing levels and safety concerns.

1. The Parties recognize the Employer’s obligation to protect the interests and safety of the Company, customer, and employees. In cases where the employee is accused of “serious misconduct”, the Employer may place the employee on paid administrative leave pending the outcome of the investigation.

2. The Employer shall present preliminary findings to the employee with the precise allegations against them before the investigation’s conclusion.

3. The employee will be given a reasonable opportunity to explain his/her action/inaction relating to the issue/incident/event under investigation.

4. The employee's representative may participate in the employee's explanation.

5. The Employer will consider the employee’s explanation before concluding the investigation.

b. Discipline. No employee shall be disciplined without being advised in writing of the precise reason or reasons for the discipline with a copy provided to the Union.

A Union representative must be present (if requested by the Employee) at the time the notice of discipline is presented to the Employee.

1. The employee may respond to the notice of discipline in writing within five business days. The employee’s representative may participate in the employee’s reply.

2. The Employer will consider the employee’s reply before executing disciplinary action.

3. In the case of termination, the time required for the employee to respond in writing shall be unpaid leave. Should the termination be rescinded as a result of the Employer’s consideration of the employee’s written response, the employee shall be made whole for the period of unpaid leave. If the termination is changed to a suspension, time spent on unpaid leave shall be counted against the suspension time. An arbitrator’s decision to reverse a termination may also include making the employee whole for the period of unpaid leave.

The term “made whole” shall be limited to the sum total of all missed wages and benefits.

4. The Employee’s response will be kept with the notice of discipline in the employee’s personnel file.

Section 4. An employee against whom disciplinary 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 5. Records of disciplinary action, more than two (2) years old shall be considered inactive and shall not provide the basis for subsequent progressive discipline.

Nothing contained in this Section shall preclude the use or production of any inactive discipline, in any administrative or judicial proceeding or in any arbitration to demonstrate notice or consistent treatment of employees.

Section 6. Any notifications made to an employee under this Article shall be personally delivered to the employee and delivered to the Union Representative by the Air Traffic Manager. If either recipient is not available, the Employer shall deliver notification by certified mail or electronic mail, return receipt requested.

Section 7. An employee’s off-the-job conduct that is not misconduct shall not result in discipline. An employee's off-the-job misconduct shall not result in disciplinary action, unless such misconduct hampers his/her effectiveness as an employee or affects the public's confidence in the Employer.

Section 8. The Union may elect to participate in the procedures contained in this Article by telephone and/or other electronic methods.

ARTICLE 13 SENIORITY

Section 1. The Union shall determine the seniority of any employee at a facility represented by NATCA. The Union shall provide each Air Traffic Manager with a current seniority list for each facility in January of every year, and updates when changes occur.

Section 2. New employees shall be considered probationary for a period of ninety (90) days from the date of hire or receiving their facility rating, whichever is later. During such probationary period an employee may be terminated at the discretion of the Company and shall not have access to the grievance and arbitration procedures as defined by this Agreement.

ARTICLE 14 VACANCIES

Section 1. Job openings at NATCA-represented facilities shall be posted in accordance with Employer’s established recruiting processes.

Section 2. Employees shall be eligible for transfer eighteen (18) months after certification in their current facility provided they are in good standing in that facility and not under a performance improvement plan and have not received disciplinary action within the past twelve months.

Section 3. The Employer generally gives preference to internal over external candidates to fill vacancies but reserves the right to select the most qualified candidate for any vacancy.

Section 4. Where a vacancy occurs at a NATCA-represented facility, any eligible bargaining unit employee with a satisfactory work record may request, and shall be granted, a transfer to fill such a vacancy provided that the employee has the necessary qualifications to perform the job and such transfer will not unreasonably reduce the operational efficiency of any facility and provided further that no more qualified internal candidate has applied for such vacancy.

Section 5. If the decision regarding selection of an employee for transfer to a NATCA-represented facility is between two equally qualified bargaining unit employees, then the more senior bargaining unit employee will be offered the transfer first.

ARTICLE 15 WORKING HOURS

Section 1. The employees’ regular work week is defined as Saturday through Friday provided that should the work week change for Service Contract Act-covered employees Company-wide such change also will be made for employees covered under this Agreement.

Section 2. Full time employees will continue to be scheduled to work their average hours for their facility unless it is beyond the Employer’s control.

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

Section 4. 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 FAA or other customer contractual coverage requirements. Split shifts will not be used as part of the basic watch schedule and shall be limited to critical staffing situations only with Area Manager approval. Bidding on the basic watch schedule will occur annually, generally in the month of November for the following year. Prior to bidding the basic watch schedule, the Employer will meet with the Union at the local level to collaborate over their respective scheduling concerns. Assignments to the basic watch schedule will be by seniority with the controller having the greater seniority having first choice among controllers. The basic watch schedule will provide for the maximum benefit to the Employer and the employee. When a change to the basic watch Schule becomes necessary (e.g., changes to workload, staffing or operating hours), the ATM will meet with the Principal Facility Representative to collaborate about implementation. Any changes to the basic watch schedule require rebidding of shift assignments.

Section 5. Shift assignments on the posted watch schedule may differ from basic watch schedule shift assignments when operationally required (e.g., coverage for leaves or vacancies). Assignments to the posted watch schedule shall be posted at least thirty (30) days in advance. The Employer recognizes that changes of individual assignments to the posted watch schedule are undesirable and shall make a good faith effort to minimize such changes. 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, unless otherwise agreed to by the employee.

Section 6. The exchange of shifts and/or days off between equally qualified employees is authorized, provided it does not result in overtime, additional premium pay or violation of law, regulation, the terms of this Agreement, the Facility Staffing Plan or the Employer’s contract with the FAA and provided further that such exchange is approved by the Air Traffic Manager or his designee.

Section 7. The Air Traffic Manager may perform air traffic control duties as scheduled by the Employer.

ARTICLE 16 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 14 days prior to the effective date of the layoff, except in the event of emergency or other circumstances beyond the Employer’s control.

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 provided:

i. a vacancy exists and

ii. the employee is qualified for the vacant position

iii. there are not any other qualified employees who have been, or are also being, displaced from an Employer facility, who have more seniority with the Employer and have applied for the vacancy.

b. Be placed in a layoff status.

Section 3. Employees in layoff status shall retain their seniority and recall rights to the facility from which they were laid off, based upon their seniority as of the date of their layoff, with recall rights for a period of 12 months. Employees in layoff status shall be recalled in seniority order.

Employees will normally be provided fourteen (14) days’ advance notice of recall, however, in those cases where the Employer cannot, due to operational needs, provide fourteen (14) days’ notice of recall, a minimum of seven (7) days will be sufficient. The recall process may be expedited by use of a telephone conversation allowing the employee 24 hours to inform the Employer of his intent to return to duty. Notice of recall will be confirmed in writing by the Employer. Such confirmation will be by certified mail, return receipt requested or by personal delivery to the employee. The Employee shall be required, within five (5) working days (excluding Saturday and Sunday) of delivery or attempted delivery of the notice of recall, to notify the Employer of his intent to return to work and return to work on the date specified for recall, unless otherwise agreed to by the Employer and the recalled employee. The Employee shall be required to be available for work within fourteen (14) days of the notice or as mutually agreed between the Employer and employee. Employee who declines (or fails to respond within the above time limits

to) a recall opportunity forfeits all recall rights.

Section 4. An employee’s recall rights shall not be affected in the event that the employee accepts or declines an offered position at a facility other than the one from which originally laid off.

Section 5. Eligible employees who are laid off shall receive pay for all accrued vacation at their current rate of pay. Disbursements of funds associated with a 401(k) account shall be in accordance with applicable plan documents and governing law.

Section 6. Employees shall be responsible for providing the Company with their current address, e-mail address, and telephone numbers. The Company point of contact for the provision of data under this section shall be the Human Resources Department.

ARTICLE 17 HOLIDAYS

Section 1. Employees shall be entitled to a minimum of eleven (11) paid holidays within each year.

Section 2. Guaranteed paid holidays are:

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

Section 3. Employees shall receive any Holidays legally mandated on a recurring basis in their jurisdiction in addition to the Holidays listed in Section 1.

Section 4. Employees scheduled to work on a designated holiday will be required to report to work on such holiday unless they have approved leave. Eligible employees who work on a holiday will receive their normal pay for that day plus eight hours of holiday pay at the regular hourly wage rate.

Section 5. In the event a holiday falls on an eligible employee’s regularly scheduled day off, the eligible employee will receive eight hours of holiday pay at the regular hourly wage rate.

Section 6. Due to operational and contractual (e.g., level of effort) requirements, some or all Employees may be required to work on holidays. When time off without the use of paid leave on a holiday (or an alternate day in the same workweek) is authorized, approvals will be based on seniority. If the requested time off is denied, and later becomes available, it will be made available on a seniority basis.

Section 7. The Employer shall not reduce staffing on holidays solely for the purpose of avoiding holiday pay.

Section 8. An employee who is on layoff, leave of absence or other unpaid leave is not eligible to receive holiday pay for any holiday that falls within the time period of his/her layoff, leave of absence or unpaid leave.

ARTICLE 18 WAGES

Section 1. Employees will receive a base wage rate increase of three (3) percent on January 1, 2022, and additional increases of three (3) percent per year beginning on October 1, 2023, and on each subsequent October 1st for the life of this Agreement.

Wage Rates can be found in Appendix 2 annexed hereto. IWA (Mesa-Gateway FCT) employees shall receive a complexity pay not less than an additional $.75/hr. CHD (Chandler FCT) employees shall receive a complexity pay not less than an additional $.50/hr.

Section 2. Wage rate adjustments shall be made upon receipt of the modification of the contract from the FAA incorporating the applicable wage rates retroactive to October 1st (the first day of the Federal Government's fiscal year). The Parties agree that the “modification of the contract from the FAA” condition relates only to the date that employees will begin to receive the wage rate adjustment, not whether the wage rate adjustment will be paid.

Section 3. Bargaining unit employees who work between the hours of 6:00 pm and 6:00 am shall receive 1.1 times the employee’s base hourly rate of pay for each hour worked after 6:00 pm and before 6:00 am.

Section 4. Full-time bargaining unit employees (40 hours a week) working Sunday as part of their regularly scheduled workweek shall be paid at the rate of their regular hourly wage rate plus a Sunday premium of 25% of the regular hourly wage rate for each hour of Sunday work which is not overtime.

Section 5. Bargaining unit employees who work in excess of 40 hours in a work week shall receive…