Article 19, Section 9
1A. EMPLOYEE'S NAME 1B. FACILITY 1C. LOCATION 2. ARTICLE/SECTION VIOLATED: ARTICLE 19, SECTION 09. 3. INCIDENT DATE 4. NAME OF UNION REPRESENTATIVE 5. INFORMAL GRIEVANCE OFFICIAL 6. INFORMAL DECISION DATE 7. ORAL PRESENTATION REQUESTED [] YES [] NO
8. DESCRIPTION On August 2O, 1997, I requested annual leave for September 13, 1997, 0900L to 1900L. Xxxxxx Xxxxxxxx was unable to approve it. My request was denied and logged in the disapproved annual leave book. Annual leave later became available. Xxxxxx Xxxxxxxx requested annual leave for September 13, 1997, for the period that I had been denied. His approved request allowed him to not report for work, attend a party on Saturday afternoon. Management did not approve the available leave on a first requested basis. Management gave it to an employee who had requested annual leave after me. I was not contacted and asked if I still wanted the leave that had been denied. The Air Traffic Manager of Lansing AFSS issued a memo prior to May 20, 1995, to all supervisors to remind them to check the leave denied book each and every time annual leave is granted. This memo from the Air Traffic Manager was not followed. I thought that this issue would have been settled after NA-GL-95-10-LAN-06 was resolved at the regional level.
9. CORRECTIVE ACTION DESIRED While I understand that management can not right completely the wrong that was done, since it is now in the past. Management can compensate me for their error. Credit me with ten (10) hours of approved leave, to be taken when I want the time off. I understand that this will be when I can be spared from operations. This leave when taken shall not lower my leave balances.
10. EMPLOYEE'S SIGNATURE. 11. DATE 12. MANAGEMENT OFFICIALS SIGNATURE13. DATE 14. DESCRIPTION
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Article 67, Section 1A
1A. EMPLOYEE'S NAME 1B. FACILITY 1C. LOCATION 2. ARTICLE/SECTION VIOLATED ARTICLE 67, SECTION 1 A 3. INCIDENT DATE 4. NAME OF UNION REPRESENTATIVE 5. INFORMAL GRIEVANCE OFFICIAL 6. INFORMAL DECISION DATE 7. ORAL PRESENTATION REQUESTED [] YES [] NO
8. DESCRIPTION This facility allows 6 FPL's to be off on annual leave throughout the prime time leave periods from Memorial to Labor day and over the Christmas holidays when we are usually at our busiest. During non prime time periods such as winter months and early spring, requests for annual leave are being denied on days where only one previous request had been approved. In some cases, for example March 7, 1998, no leave has been approved and yet all three requests for leave on that day have been denied. My leave request for March 7, 1998 has been denied. In an informal grievance discussion with Xxxx Xxxxxxx, stated that the schedule the Union and Management had negotiated allowed so many off on the weekends during the winter schedule that leave requests on the weekends were not approved. The schedule approved by Management during the winter only allows an additional three (3) people off on weekends than are normally off during our prime time period when we are at our busiest. Management made the decision that an employee could be released from this facility to Cleveland AFSS, not the Union. Management made the decision that an employee could be released from this facility to Lansing tower, not the Union. Management promoted an employee to a operational supervisor, not the Union. Management Promoted another two (2) employees to SLC center, not the Union. The Union was not responsible for another employee taking a medical retirement. Xxxxxxx Xxxxxxxxxx's statement alludes to it being the Unions' fault that I can not get leave on a Saturday or a Sunday. That statement may in fact be an Unfair Labor Practice.
9. CORRECTIVE ACTION DESIRED Approve my leave requests for March 7-8, 1998. If you do not accomplish this by March 7, 1998, compensate me for this unjust action by crediting my annual leave balance with twenty (20) hours leave. This leave to be used when I choose to use it. Allow for a reasonable number of employees on annual leave requests outside of Prime-time.
10. EMPLOYEE'S SIGNATURE 11. DATE 12. MANAGEMENT OFFICIAL'S SIGNATURE 13. DATE 14. DESCRIPTION
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Article 67, Section 1D
1A. EMPLOYEE'S NAME 1B. FACILITY 1C. LOCATION 2. ARTICLE/SECTION VIOLATED ARTICLE 67, SECTION 1D 3. INCIDENT DATE 4. NAME OF UNION REPRESENTATIVE 5. INFORMAL GRIEVANCE OFFICIAL. 6. INFORMAL DECISION DATE 7. ORAL PRESENTATION REQUESTED [] YES [] NO
8. DESCRIPTION On February 17, 1998 a call came into the Supervisors desk with Xxxxxx Xxxxxxxx the Supervisor in charge. The call was from the day care center which oversees the care of my daughter Xxxxx who is three years old. The day care center asked to speak to me because my daughter is sick. The notification I received was from Area Supervisor Xxxxxx Xxxxxxxx who told me that I had a phone call on the C02 line. I informed Mr. Xxxxxx that I just received a call from a pilot and it would be about 20 minutes. A few minutes latter Mr. Xxxxxx placed a note in front of me stating your child is sick. He then walked out of my view leaving me with no options but to finish the briefing in a highly stressed state of mind. After I finished my briefing I asked Area Supervisor Xxxxxx Xxxxxxxx what was going on, because there was no one on the C02 line. He stated that he didn't know. I was left to figure out for myself which child was sick, where the child is at, who else had been called, and what type of emergency it was (illness or accident).
I feel the actions of the Supervisors compromised the health of my child, jeopardized my career by allowing me to continue with the brief in an extremely stressed state of mind, and they jeopardized the safety of the flight of the aircraft that I was briefing.
I attempted to resolve this grievance informally on February 25, 1998 with my rating supervisor Xxxxxx Xxxxxxxx. At that time informed me that he was aware of all the facts relating to my child's situation. This information was withheld from me at the time of the incident. On March 16, 1998 this informal grievance was denied.
9. CORRECTIVE ACTION DESIRED I request a policy developed either written or unwritten which covers personal calls that are of an urgent nature, and include the rights of the specialists. In addition I request all personnel to be briefed on the policy.
10. EMPLOYEE'S SIGNATURE 11. DATE 12. MANAGEMENT OFFICIAL'S SIGNATURE 13. DATE 14. DESCRIPTION
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Article 67, Section 1A
1A EMPLOYEES NAME 1B FACILITY 1C LOCATION 2. ARTICLE/SECTION VIOLATED ARTICLE 67, Section 1a. 3. INCIDENT DATE 4. NAME OF UNION REPRESENTATIVE 5. INFORMAL GRIEVANCE OFFICIAL 6. INFORMAL DECISION DATE 7. ORAL PRESENTATION REQUESTED [] YES [] NO
8 DESCRIPTION I reported to work at Lansing AFSS on October 15, 1996, from Bridgeport AFSS. At that time the Acting Air Traffic Manager, Xxxxxx Xxxxxxxx informed me that travel days for my CPP move would not be allowed, and that I would have to take annual leave for the travel days.
My transfer to Lansing AFSS from Bridgeport AFSS, was under the Memorandum of Understanding for the Consolidation Placement Program (CPP), agreed between the Federal Aviation Administration (FAA), and the National Association of Air Traffic Specialists (NAATS). Section 5 of the Memorandum of Understanding states, "The designated NAATS bargaining unit members must be identified within 120 days of the NATCA bargaining unit members entering the NAATS bargaining unit. Each NAATS ATCS placed in an AFSS under the CPP will receive a PCS order within two pay periods of being identified, and will receive all related entitlements".
This Memorandum of Understanding was developed to settle an Unfair Labor Practice filed against the FAA, by NAATS. When the Memorandum of Understanding was signed on June 15, 1994, it was understood by all parties to the settlement agreement that travel days would be given for such a move, under the Consolidation Placement Program (CPP).
9 CORRECTIVE ACTION DESIRED Make me whole, provide me with all related entitlements to a Permanent Change of Station (PCS). Credit my annual leave balance for the leave I was required to take to cover the travel days from Bridgeport CT to Lansing MI.
10 EMPLOYEES SIGNATURE 11 DATE 12. MANAGEMENT OFFICIALS SIGNATURE 13 DATE 14. DESCRIPTION
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Denial of Information Requested
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date) To: (ATM's Name) Acting Air Traffic Manager (YOUR) AFSS
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: Denial of information requested on Written Warning, issued to Xxxxxxx Xxxxxxxxx.
In order to meet representational duties, I made a request for information on behalf of Xxxxxxx Xxxxxxxxx. This request was made under the provisions of U.S.C. 7114 (b)(4).
On (DATE) Mr. Xxxxxxxxx provided his written permission for management to provide NAATS copies of his training records and all other information NAATS has requested regarding the written warning concerning the pilot deviation incident involving (Aircraft Ident).
This denial of training and proficiency records affects the union's ability to meet its representation obligation and will be identified to appropriate officials as this matter is elevated through the administrative process. NAATS intends to use this denial on behalf of the employee and to justify the resolution sought for on behalf of Xxxxxxx Xxxxxxxxx.
Please provide to me by the close of business (DATE) the following information:
1. For what reason(s) does this request for information not meet the "necessary and relevant" standard of the statute?
2. What additional information do you need to make this request "clear and specific" enough for you to provide the information needed by me to meet representational obligations?
3. Are there any other reasons, justification or documentation you are using to deny this request? If so, please detail the reasons and all documentation used to support your denial.
NAATS reserves the right to any remedies available during any appropriate administrative process to address violations of U.S.C. 7114 (b)(4), and other applicable statutes and/or agency orders covering access to information to fulfill representational duties and obligations.
Respectfully,
(Facrep's Name)
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Request for Information
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Cde (Date) To: (ATM's Name) Air Traffic Manager (YOUR) AFSS
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: Letter proposing to suspend for ten (10) days issued to Xxx Xxxxxx.
This is a request for "necessary and relevant" information under 5 U.S.C. s/s 7114(b)(4)(A). I am Xxx Xxxxxx's designated representative. I need this information to determine if the action proposed against Xxx Xxxxxx is consistent with the actions taken against all other FAA employees within the (Region Name) Region, consistent with Agency and/or federal employment standards and to determine if the filing of a grievance is warranted. Please provide:
1. All documentation relied upon to take this action.
2. All documentation any management official has regarding the (DATE) incident referenced in your proposal to suspend, dated (DATE).
3. A copy of all awards, letters of commendation, and letters of appreciation presented to Xxx Xxxxx in the past 6 years.
4. A copy of all disciplinary/adverse actions taken against Xxx Xxxxxx.
5. A sanitized copy of all disciplinary/adverse actions relating to failure to follow procedures, or negligent or careless work performance that results in injury or danger of injury to either the individual involved or to others, taken against both management and bargaining unit employees within the (Region Name) Region for the past six (6) years.
6. A copy of the agency rules and regulations concerning failure to follow procedures as required.
7. A copy of Xxx Xxxxxxxx's training records regarding any training he may have had covering following procedures as required.
8. A copy of the tape of the (Position Name and Number), and a copy of Hazardous Inflight Weather Advisory Service Broadcast that was being transmitted between (Start Time) UTC, and (Ending Time) UTC, (DATE).
9. A copy of the EVR of the (Position Name and Number) position between (TIME) UTC, and (TIME) UTC, (DATE).
10. A copy of the EVR, and the tape of the Supervisors position between (TIME) UTC, and (TIME) UTC, (DATE).
11. A sanitized copy of any quality assurance reports from (YOUR) AFSS that show failure to follow procedures and the actions taken against the individual concerned.
Please provide this information for the "particularized need" identified above to me by the close of business (DATE). This information is needed by NAATS, exclusive representative in order to, and will be used to, respond to the proposed adverse action. NAATS needs this information to meet its responsibilities. This information is needed so NAATS can adequately and knowledgeably represent Xxx Xxxxxxxx.
Consider this an ongoing request for information. As any information is developed and/or discovered relating to the specific employee and issue identified, please forward copies to me.
All time limits pertaining to grievances/ULPs are suspended until thirty (30) days after I have received all requested information, so as to give me time to review and understand this information
If there is anything about this request you do not understand, please contact NAATS immediately for further explanation of our request.
Respectfully,
(Facrep's Name)
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Request for Information
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date) To: (ATM's Name) Air Traffic Manager (YOUR) AFSS
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: Letter proposing to suspend for ten (10) days issued to Xxx Xxxxxxx
This is a request for "necessary and relevant" information under 5 U. S. C. s/s 7114(b)(4)(A). I am Xxxxx Xxxxxx's designated representative. I need this information to determine if the action proposed against Xxxxx Xxxxxx is consistent with the actions taken against all other FAA employees within the (Region Name) Region, consistent with Agency and/or federal employment standards and to determine if the filing of a grievance is warranted. Please provide:
1. All documentation relied upon to take this action.
2. All documentation any management official has regarding the (DATE) incident referenced in your proposal to suspend, dated (DATE).
3. A copy of all awards, letters of commendation, and letters of appreciation presented to Xxx Xxxxxxxx in the past 6 years.
4. A copy of all disciplinary/adverse actions taken against Xxx Xxxxxx.
5. A sanitized copy of all disciplinary/adverse actions relating to failure to follow procedures, or negligent or careless work performance that results in injury or danger of injury to either the individual involved or to others, taken against both management and bargaining unit employees within the (Region Name) Region for the past six (6) years.
6. A copy of the agency rules and regulations concerning failure to follow procedures as required.
7. A copy of Mr. Xxxxxx's training records regarding any training he may have had covering following procedures as required.
8. A copy of the tape of the (Position Name and Number), and a copy of Hazardous Inflight Weather Advisory Service Broadcast that was being transmitted between (TIME) UTC and (TIME) UTC, (DATE).
9. A copy of the EVR of the (Position Name and Number) position between (TIME) UTC and (TIME) UTC, (DATE).
10. A copy of the EVR, and the tape of the Supervisors position between (TIME) UTC and (TIME) UTC, (DATE).
11. A sanitized copy of any quality assurance reports from (Your) AFSS that show failure to follow procedures and the actions taken against the individual concerned.
Please provide this information for the "particularized need" identified above to me by the close of business (DATE). This information is needed by NAATS, exclusive representative in order to, and will be used to, respond to the proposed adverse action. NAATS needs this information to meet its responsibilities. This information is needed so NAATS can adequately and knowledgeably represent Xxx Xxxxxx.
Consider this an ongoing request for information. As any information is developed and/or discovered relating to the specific employee and issue identified, please forward copies to me.
All time limits pertaining to grievances/ULPs are suspended until thirty (30) days after I have received all requested information, so as to give me time to review and understand this information.
If there is anything about this request you do not understand, please contact NAATS immediately for further explanation of our request.
Respectfully,
(Facrep's Name)
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Meeting in Violation of Article 65 Section 3
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date) To: (ATM's Name) Air Traffic Manager (YOUR) AFSS
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: Meetings in Violation of Article 65 Section 3 and 5 U.S.C. 7114.
As NAATS FacRep [or NAATS Designated Representative], I requested to be notified in advance and allowed official time to participate in any meeting between any bargaining unit member and any supervisory and/or management official.
Meetings have been scheduled and held in violation of these provisions, pursuant to 5 U.S.C. 7114 (b)(4), I request in writing:
1. The justification for this decision.
2. What offices within the Agency or Department of Transportation that were consulted on this matter
3. The Agency directive or federal statute which this decision is based.
NAATS/FAA Article 65 Section 3 states:
The Union shall be given the opportunity to be represented at any formal discussion between 1 or more representatives of the Employer and 1 or more employees in the unit concerning grievances or personnel policies or other conditions of employment.
The Agency is in violation of this provision. Please discontinue these meetings until NAATS is afforded the opportunity to be present to represent the interest of the bargaining unit as "exclusive representative. "
5 U.S.C. 7114 states:
"(a)(1) A labor organization which has been afforded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and with regard to labor organization membership."
"(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at -
"(A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievances or any personnel policies or practices or other general conditions of employment; or
"(B) any examination of an employee in the unit by representative of the agency in connection with an investigation if -
"(1) the employee reasonably believes that the examination may result in disciplinary action against the employee; and
"(ii) the employee requests representation.
The Agency is in violation of this provision. Please discontinue these meetings until NAATS is afforded the opportunity to be present to represent the interest of the bargaining unit as "exclusive representative. "
I appreciate your assistance in complying with these contract and federal statute provisions. Please let me know if you have any questions.
Respectfully
(Facrep's Name)
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Meetings in Violation of Article 65 Section 3
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date) To: (Supervisor's Name) Operations Supervisor (YOUR) AFSS From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: Meetings with bargaining unit employees, and Article / Section 1/1, 3/1, 4/1, 4/6, 64/4, 65/3, 67/7, and 5 U.S.C. 7114.
As NAATS Facility Representative I requested to be notified in advance and allowed official time to participate in any meeting between any bargaining unit member and any supervisory and/or management official. Please adhere to provisions of Article 65, Section 3 of the NAATS/FAA negotiated agreement. To comply with 5 U.S.C. 7114, and related NAATS/FAA contract provisions in Articles/Sections 1/1, 3/1, 4/1, 4/6, 64/4, 65/3, and 67/7, please advise all facility management and supervisory personnel of the need to give adequate notice to allow union participation. If I can not attend the meeting, I reserve the right to designate a representative for NAATS of my choice and/or have the meeting tape recorded.
NAATS/FAA Article 65 Section 3 states:
The Union shall be given the opportunity to be represented at any formal discussion between 1 or more representatives of the Employer and 1 or more employees in the unit concerning grievances or personnel policies or other conditions of employment.
5 U.S.C. 7114 states:
"(a)(1) A labor organization which has been afforded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and with regard to labor organization membership."
"(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at -
"(A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievances or any personnel policies or practices or other general conditions of employment; or
"(B) any examination of an employee in the unit by representative of the agency in connection with an investigation if -
"(1) the employee reasonably believes that the examination may result in disciplinary action against the employee; and
"(ii) the employee requests representation.
Any open door policies, employee feedback sessions, facility meetings, informal and formal grievance sessions and other similar types of meetings require adequate and immediate notification to me and my participation, unless I give you written notice of an alternative designee.
I appreciate your assistance in complying with these contract and federal statute provisions. Please let me know if you have any questions.
Respectfully,
(Facrep's Name)
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Article 67 Request for Official Time
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date) To: (ATM's Name) Air Traffic Manager (YOUR) AFSS
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: [Request for Official Time] 5 U.S.C. 7131 and Article 67.
As exclusive representative for NAATS, I request official time in the initial amount of (Time in Hours) hours on the following dates of (Specify Dates) to meet with (Employee(s) Name(s)) prepare and present a grievance. I request to meet with (Witness(s) Name(s)) on the following dates and times (Specify Dates and Times) to prepare the grievance in accordance with NAATS/FAA Article 67. To prepare this grievance, I request the following agency records or documents for use during these time periods:
(Specify Documents) (You may also have a separate request for information involving the personnel action or grievance.)
Please inform me when these documents will be available and who will keep the documents if a security or privacy issue is applicable. If these documents can not be provided in a timely manner, I request to negotiate an extension of time limits and possible revisions to this request.
Any additional official time requests or modifications will be made in writing.
Respectfully,
(Facrep's Name)
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Article 67 Request for Official Time
(DATE)
To: (ATM's Name) Acting Air Traffic Manager (YOUR) AFSS
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: Request for Official Time 5 U.S.C. 7131, and Article 67.
As exclusive representative for NAATS I request official time in the initial amount of (Number of Hours, usually 4) hours on the following date (DATE), to meet with grieved employee to prepare and present a grievance.
I request to meet with (Employee's Name) on the following dates and times, (DATE) at (TIME A.M. or P.M.), to prepare the grievance in accordance with NAATS/FAA article 67.
To prepare this grievance, I request the following agency records or documents for use during these time periods:
(Specify Documents) (You may also have a separate request for information involving the personnel action or grievance.)
Please inform me when these documents will be available and who will keep the documents if a security or privacy issue is applicable. If these documents can not be provided in a timely manner, I request to negotiate an extension of time limits and possible revisions to this request.
Any additional official time requests or modifications will be made in writing.
Respectfully,
(Facrep's Name)
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Request to Bargain
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date) To: (ATM's Name) Air Traffic Manager (Your AFSS)
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Subject: Request to Bargain (identify the issue or condition or past practice that the Agency proposed to change).
1. Pursuant to NAATS/FAA contract, a.1 s.2, a.3 s.1, a.4 s(s).6-7, 13, a. 9 s(s).2-4, 5 USC 71, 7111, 7114, 7117 (duty to bargain in good faith), and 7119 (negotiation impasses), I am requesting to bargain.
2. In order to bargain, I request the following "necessary and relevant" information under Chapter 71, 5 U.S.C. 7114 (b)(4):
a. What start times are needed to cover operations?
b. What are the hourly staffing number needed to cover operations?
c. Are there any documents or printouts showing incoming calls? If so, please provide me a copy.
d. What positions need to be staffed on an hourly breakdown?
e. Are there any periods of the day that have excessive lost calls? If so, when and what details are there on causes for lost call?
3. Please provide this information for the "particularized need" identified above to me by the close of business 1 to 14 days later depending on complexity of request.
4. Consider this an ongoing request for information. As any information is developed relating to the area of negotiation, please forward copies to me.
5. If you do not understand/have any questions regarding this request please contact me by close of business on date of receipt.
Sincerely,
(Facrep's Name)
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Request for Information
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date) From: (Facrep's Name) NAATS Fac Rep To: (ATM's Name) ATM, (YOUR) AFSS
This is a request for information under 5 U.S.C. 7114(b)(4)(a). NAATS needs information to assist us in bargaining your proposed change in our past practice with regards to time away from the operations area to conduct union business.
Copies of all management studies concerning official time away from operations for conducting union activities.
Copies of all management studies showing a reduction of productivity, of union officials, caused by representing employees on official time.
Copies of all management studies showing an increase in the cost of (Your) AFSS cost of operations, caused by union officials representing employees on official time in accordance with our past practice on official time.
Copies of all management studies showing an increase in the cost of operations, caused by union officials representing employees on official time.
Respectfully,
(Facrep's Name)
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Request Time Extension
(Your) Flight Service Station Address line 1 Address line 2 City, State Zip Code (Date)
To: (ATM's Name) Air Traffic Manager (Your) AFSS
From: (Facrep's Name) NAATS Facility Representative (YOUR) AFSS
Regarding grievance (Grievance Number)
NAATS mutually agrees with (Your AFSS) management to extend the time period in Article 67-08-2 beyond the thirty days in the contract. This extension allows sufficient time for the grievant to return from his vacation. We will meet by teleconferencing on (DATE) at (Time A.M. or P.M.), to receive the decision of the (Your AFSS) Air Traffic Manager.
Respectfully,
(Facrep's Name) (ATM's Name) NAATS Designated Representative Air Traffic Manager for Xxxxxx X. Xxxxxx (Your AFSS) (Your AFSS)
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