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Ground Rules For Negotiations Over The Establishment Of A TMC Unit

By Ricardo Ferguson,2014-07-12 10:57
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Ground Rules For Negotiations Over The Establishment Of A TMC Unit

    National Air Traffic Controllers Association, (YOUR FACILITY) Local

    Article 7 Proposal

    For

    Ground Rules Utilized In Negotiations

    SECTION 1. PURPOSE. This proposal is hereby submitted by; the National Air Traffic Controllers Association, (YOUR FACILITY), after this called the “Union”, to; the

    Federal Aviation Administration (FAA), (YOUR FACILITY) Air Traffic Control

    Tower, after this called the “Employer”, and collectively called; the “Parties”. The purpose of this document is to propose the procedures by which the Parties will enter and conduct all formal negotiations at (YOUR FACILITY) Air Traffic Control Tower,

    pursuant to the requirements of Chapter 71, 5 USC, Executive Order 12871, the NATCA/FAA Agreement, and all other applicable law, regulations, and rules. This proposal, also called “Ground Rules”, is submitted for the express purpose of alleviating and reducing areas of misunderstanding and dispute, and in accordance with Article 7, Section 8, of the Collective Bargaining Agreement. Certain parts of certain sections of this proposal, will need to be negotiated prior to specific negotiations commencing on any particular subject matter.

    SECTION 2. NEGOTIATING TEAMS. Each negotiating team shall consist of a Chief Negotiator and two (2) members each, and always, the number of the Employer’s team

    shall not exceed the number of the Union’s team. Each Party shall advise the other of the name, position, and duty location of each individual it intends to designate as a negotiating team member. Either Party may change the members of its negotiating team by written notification to the other Party. The total number of team members can be discussed prior to specific negotiation sessions commencing.

SECTION 3. OBSERVERS A maximum of two (2) observers shall be allowed at

    negotiations for either Party. Union observers shall be granted duty time if in a duty status on a scheduled duty day in which they are able to be released without compromising operational needs. Credit hours earned time will be approved for Union observers, if due to operational needs the Union observes are unable to attend, except for other than duty time. Observers shall not speak to the Party that they were not invited by, to observe, during any negotiation session. Either Party may request, during negotiations, that any or all observers be excused from that particular session, and that request shall be dealt with in a consensus agreement between the Parties.

SECTION 4. SUBJECT MATTER EXPERT (SME). Either Party may request the

    presence of “SME’s”. SME’s may only participate in negotiations to the extent that their specialized knowledge and presence is necessary for the full and proper discussions between the Parties. When SME’s services are no longer necessary, either Party may request that the SME be excused, and that request shall be granted. There will be no limit to the number of SME’s present at each particular negotiating session.

    SECTION 5. PLACES, TIMES AND DATES. Negotiations shall be conducted in the large conference room at (YOUR FACILITY) Air Traffic Control Tower. This room

    shall remain free of interruptions. There will be no phone calls, no loudspeaker disturbances, and a sign will be placed on the exterior of the conference room door, by the Employer, that states; “Meeting in progress, Do Not Disturb, except in the event of an

    emergency.” Negotiating sessions will consist of one (1) hour increments, with an uninterrupted break period of a twenty (20) minute minimum, to be increased as specific subject negotiations permit, and as agreed to by the Parties at the time of those specific negotiation sessions. Each break period will immediately follow each negotiating session increment. A one (1) hour break period, during the mid-way point of each individual negotiating session, will be utilized for the purpose of a lunch or dinner as appropriate. All costs associated with any type of food, beverage, snack, meal, or etc., will be the responsibility of the Employer. The Employer will be responsible for any reimbursement of expenses incurred by any Union negotiating team members, Union SME, Union observer, or any other guest of the Union, as it pertains to this section. Specific dates and start times for negotiation sessions will be agreed to by the Parties in advance of the first actual specific negotiating session. The stop times for each specific negotiation session will be mutually agreed to by the Parties, prior to the beginning of a specific negotiation session on a particular subject matter.

    SECTION 6. DUTY TIME. The Parties agree that any Union negotiating team member who is also an employee of the FAA shall be granted duty time to participate in any discussions and formal negotiating sessions. The Employer agrees to adjust the schedules of these participants, to allow them to appear in a duty status, including the changing of Regular Days Off, negotiating on a duty day, or credit time earned on an other than duty day. These options shall be mutually agreed to by the individual and the Employer prior to any change to an individual schedule being accomplished. Duty time in this section is only applicable to actual negotiating sessions and is inclusive of all members representing the Union.

    SECTION 7. ADDITIONAL GROUND RULES. After initial proposals concerning a specific subject matter, at (YOUR FACILITY) Air Traffic Control Tower, have been

    exchanged between the Employer and the Union, the Parties shall meet, on duty time, to agree on any additional or issue specific ground rules for that particular negotiating session. After the final meeting concerning ground rules has been completed, the Union negotiating team shall receive sixteen (16) hours of duty time per team member to prepare for negotiations. Individual negotiating sessions shall commence within sixty (60) days after the Union has received their sixteen hours of preparation time. If either Party submits counter proposals between and/or during the negotiating sessions, the Parties will enter into additional negotiations over the Employer providing additional duty time for Union team members, as the Union deems appropriate and necessary to when initiating the request.

    SECTION 8. SCOPE. The scope of negotiations shall be determined by initial submissions of the Parties. The most recent NATCA/FAA Collective Bargaining Agreement, Chapter 71, 5 USC, and Executive Order 12871, shall be the controlling documents. During specific negotiating sessions, when both Parties agree on the content of a subject matter, the language shall be initialed and dated by the Chief Negotiators, and typed by the Employer, with a copy provided to all of the Parties team members. Either Party may enact the initialing portion of this section at any time they wish during any particular negotiating session in which any agreement is made.

    SECTION 9. CAUCUS. The Chief Negotiator for either Party may call a caucus any time during negotiations. The Party calling the Caucus shall be entitled to and/or have the option to request that the other Party be excused from the room used for negotiations so as to caucus confidentially. The Caucus may be for researching the other Party’s position, drafting counter-proposals, or other business related to the negotiations. When either Party exits the negotiating room, all of that Parties material, SME’s, observers, and any associated belongings or etc., will exit the room with that Party. An agreement will be necessary for either Party to exit the room for a Caucus.

SECTION 10. ORDER OF BUSINESS. The following order of business shall be

    observed by the Parties, however, it may be changed by mutual consent: (a) Unfinished business from the last negotiating session, (b) Items on the agenda, (c) Establish agenda for the next negotiation session.

    SECTION 11. MINUTES. Either Party may choose to have a formal record of the proceedings, including video taping, court-reporting, or the taking of shorthand notes by a professional. The Employer will be responsible for the costs in this section, regardless of which Party initiates the request. Either Party may request any type of recording above and it will be enacted.

    SECTION 12. PROVIDING DATA. The Employer agrees to provide the Union data that the Union determines necessary to continue negotiations and is in addition to any data previously provided. The Employer agrees to provide a copy of any documents, correspondence and/or memorandum received or generated by the Employer concerning any matter being the subject of any specific negotiating session at Tampa Tower.

SECTION 13. EXCUSED ABSENSE. Union negotiating team members, union

    observers, union SME's, and union guests will be granted eight (8) hours of immediately before and eight (8) hours of excused absence immediately after each individual negotiating session. The time allotted in this section will be in addition to any other agreed upon time in this document, or any other time previously agreed on. The time in this section will be utilized in whatever manner and location or place that the union so desires.

    SECTION 14. NEGOTIABILITY CONCERNS. During negotiations the Employer will provide informal allegations of nonnegotiability. Informal allegations will not be considered to be a request under the provisions of 5 CFR 2424.3, even though the Union representatives may ask the Employer to supply the information listed below. Only the Personnel Officer or Labor Relations Officer may make allegations of nonnegotiability even at the informal stage. When making the informal allegation, the Employer will provide a full explanation as to the reasons why it believes the proposal is non-negotiable. Included will be: All of the FLRA and court case citations supporting the Employer’s position. Copies of the cases cited will be provided to the Union. All of the FLRA and court case citations relating to the issue or subject which do not support the Employer’s position. Copies of the cases cited will be provided to the Union. The Employer will explain why it is not applying these cases to the proposal under consideration. Full explanation as to why the proposal could not be considered to be procedures to be used by the Employer in exercising its reserved rights under 5 USC 7106 (b)(2). Full explanation as to why the proposal could not be considered to be appropriate arrangements for employees adversely affected by the Employer’s exercise of its reserved rights under 5 USC 7106 (b)(3). Full explanation of why the positive effects of the appropriate arrangements on employees outweigh any possible negative effects on the Employer’s rights specified in 5 USC 7106 (a). If the Employer is declining to negotiate over a proposal which it claims affects matters in 5 USC 7106 (b)(1), it will fully explain why it believes there will be disadvantages to bargaining over the matter as compared to the advantages of agreeing to the proposal. The Employer will provide to the Union proposed language which achieves the intent the Union had in proposing the original language, but which the Employer believes is negotiable. The Parties agree to meet in good faith and discuss the proposal with the intent to cure the negotiability problem and to reach agreement on the proposal until the Union requests an allegation of

    nonnegotiability from the provisions of 5 CFR 2424.3.

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