UNION RECOGNITION AND REPRESENTATION

The Agency hereby recognizes the Union as the exclusive bargaining representative of Air Traffic Control Specialists located in terminal and en route facilities, as certified by the Federal Labor Relations Authority (FLRA) on June 19, 1987 (Appendix D-1). The Agency also recognizes the Union as the exclusive bargaining representative of Traffic Management Coordinators/Specialists in terminal and en route facilities and the Air Traffic Control System Command Center (ATCSCC), as certified by the FLRA on May 25, 2000 (Appendix D-2), NOTAM Specialists at the ATCSCC, as certified by the FLRA on March 23, 1999 (Appendix D-3), and Air Traffic Control Specialists assigned to the Flight Service option, as certified by the FLRA on July 11, 2012 (Appendix D-4).

If the bargaining unit(s) described in Section 1 is/are amended to include other employees, those employees shall be covered by this Agreement.

The Union may designate one (1) Principal Facility Representative and one (1) designee for each facility. Only the Principal Facility Representative and/or a designee may deal with the Air Traffic Manager and/or a designee. The Union may designate one (1) representative and one (1) designee for each team, crew, group or area, including the NOTAM Office and the traffic management unit, as appropriate in each facility. On each tour of duty, the Union may designate one (1) representative to deal with first and second-level supervisors. At the tour representative's option, he/she may designate an alternate to act on his/her behalf in dealing with first and second-level supervisors.

When the Union designates a nonresident Facility Representative, absent an emergency or other special circumstance at the facility at which he/she is employed, he/she shall be made available to carry out his/her functions under this Agreement. A nonresident Facility Representative is entitled to official time in accordance with Section 15 for the facility being represented, but is not entitled to official time for travel or to travel and per diem allowances. The management representative assigned to the facility at which the Union has designated a nonresident Facility Representative shall deal with the nonresident Facility Representative in person, via telephone, by letter or otherwise mutually agreeable method on all matters covered under this Agreement or otherwise required by law.

During meetings between the Air Traffic Manager and/or a designee and the Principal Facility Representative and/or a designee, the Facility Representative or a designee will be afforded representatives in equal numbers. Such meetings shall be held at mutually agreeable times. At any meeting called by the Air Traffic Manager or a designee, the Union participant(s) shall be on official time, if otherwise in a duty status.

The Parties agree to meet and deal at the national level with the National Officers of the Union and/or their designees and the National Officials of the Agency and/or their designees.

The normal point of contact at the regional level shall be the appropriate Service Area Director for the affected facility(s) or a designee and the Union Regional Vice President or a designee. The normal point of contact at the regional level for ATCSCC issues shall be the Director, System Operations, AJR, or a designee and the Union's Regional Vice President or a designee.

The normal point of contact at the district level shall be the appropriate Terminal District Manager for the affected facility(s) or a designee and the Union Alternate Regional Vice President or a designee.

When other qualified employees are available, the Principal Facility Representative or a designee shall not be required to temporarily perform supervisory duties. When a Facility Representative is detailed to a supervisory position, the Union will name a designee to act in his/her place as a Union representative.

The Union representatives specified in the above sections of this Article are the only individuals authorized to represent the Union in dealings with Agency officials at the respective levels specified in this Article.

Any Union official and/or a designee shall be permitted to visit air traffic facilities to perform representational duties, subject to prior notification. Visits to other Agency facilities shall be subject to notification and approval in advance.

Once annually, the Principal Facility Representative or a designee may be granted excused absence for short periods of time, ordinarily not to exceed sixteen (16) hours at a time, to receive information, briefings, or orientation by the Union and/or Agency relating to the Federal Labor Relations Program. Such meetings may be held locally, regionally, or nationally. The Parties shall exchange agendas for meetings under this Article to the appropriate official. Determinations as to whether an individual can be spared from duty shall be made by the Agency based on staffing and workload.

A Facility Representative or a designee shall be allowed up to sixty (60) minutes for confidential orientation of new facility employees to explain local facility policies and practices and the role and responsibilities of the Union. For larger groups, additional time may be allowed for this purpose.

Absent an emergency or other special circumstance, if otherwise in a duty status, each Principal Facility Representative shall be granted official time, not to exceed forty (40) hours, on a one-time basis in order to attend the NATCA representative school for the mutual benefit of the Union and the Agency. The Union shall provide a minimum of forty- five (45) days advance notice for scheduling purposes, unless otherwise mutually agreed to by the Parties.

The Principal Facility Representative or a designee will be granted sixteen (16) hours of official time to receive orientation on the meaning of the Articles in this Agreement. In the event the Principal Facility Representative is officially replaced, his/her successor will be granted sixteen (16) hours of official time to receive orientation on the meaning of the Articles in this Agreement, provided they have previously not received this time. Unless staffing and workload do not permit, excused absence not to exceed eight (8) hours shall be granted for on-site briefings for other designated Union representatives.

Absent an emergency or other special circumstance, upon request, each Principal Facility Representative shall be granted the following amounts of official time, per pay period, to prepare for meetings with management and perform other representational duties:

a. nine (9) hours in facilities with 1-20 combined bargaining unit employees

b. fourteen (14) hours in facilities with 21-35 combined bargaining unit employees

c. eighteen (18) hours in facilities with 36-50 combined bargaining unit employees

d. twenty-six (26) hours in facilities with 51-75 combined bargaining unit employees

e. thirty-six (36) hours in facilities with 76-150 combined bargaining unit employees

f. fifty-six (56) hours in facilities with 151 or more combined bargaining unit employees

g. eighty (80) hours for the National Flight Service Representative

h. sixteen (16) hours for the Alternate National Flight Service Representative

For the purposes of this Section, "combined bargaining unit employees" includes those listed in Section 1 of this Article and Staff Support Specialists, series 2152, located in terminal and en route facilities, TRACONs, flight service station field facilities located in Alaska, and the David J. Hurley Air Traffic Control System Command Center (ATCSCC).

This grant of time is exclusive of time provided for by the Federal Service Labor-Management Relations Statute for negotiations or impasse proceedings as provided for in 5 USC 7131(a) and (c), investigations, formal discussions/meetings or any other provision of this Agreement.

Principal Facility Representatives may delegate their official time to Union designees at their facility. Official time granted to the National Flight Service Representative may be delegated to the Alternate National Flight Service Representative and to those other Union representatives within the bargaining unit who have been designated and identified in accordance with this Article. Should a Principal Facility Representative or National Flight Service Representative elect to delegate his/her official time, such delegation shall be made in writing to the facility manager/AFSIAG Manager as appropriate, or a designee and shall include the name of the Union designee and the number of hours delegated.

When the delegation is for a specific date and the need is known and communicated a minimum of ten (10) days in advance, the delegation shall be approved as specifically requested. If the delegation is made with less than ten (10) days notice, it shall be approved absent an emergency or other special circumstance.

Principal Facility Representatives or their designees who are granted official time may pursue their representational duties off the premises when on official time, unless there is a particular reason to anticipate an emergency or other special circumstance which would necessitate a need for them to resume work (e.g. an imminent severe weather disturbance).

The Principal Facility Representative shall notify the facility manager of his/her intention to perform representational duties off the premises and the manager may impose some reasonable requirement as to periodic call- ins or similar communication as a protection against unexpected emergency need for the representative's return to duty.

Union representatives shall record, via the Agency's automated official time tracking system, the appropriate category into which the use of all such official time falls as defined below. Upon review of the data, if it is determined the time is not being recorded accurately, the Parties agree to meet at the national level to resolve the problem.

Term Negotiations: Includes time used by Union representatives for, or in preparation for: (1) negotiations over a basic agreement; or (2) negotiations over the supplementation or renegotiation of that agreement or under a re-opener provision in that agreement.

Mid-Term Negotiations: Includes time used by Union representatives for, or in preparation for, negotiations occurring during the term of that agreement (i.e. mid-term bargaining). This category includes both interest- based and position-based negotiations. FMCS, FSIP, and interest arbitration services are also included in this category.

Dispute Resolution: Official time granted for employee representation functions in connection with such things as grievances, arbitrations, adverse actions, alternative dispute resolution (ADR), and other labor relations complaint and appellate processes. This category may also include Union counseling of employees on problems, phone calls, emails, and meetings with management concerning employee complaints/problems that are pre-grievance or pre-complaint, but not part of any formal ADR process.

General Labor-Management Relationship: Official time authorized for representational functions in connection with all other activities not covered by the categories of Negotiations and Dispute Resolution. This category might include labor-management committees, partnership activities where the Union is represented, consultation, pre-decisional meetings, walk-around time for OSHA inspections, labor relations training for Union representatives, and formal and Weingarten-type meetings under 5 USC 7114(a)(2)(A) and (B).

Unless staffing and workload do not permit:

At facilities with one hundred (100) or less Union members, one (1) Union delegate shall be permitted to take annual leave to attend (including travel time) the Union's annual convention. At facilities with more than one hundred (100) Union members, one (1) additional delegate shall be granted such leave for each additional fifty (50) Union members. The Agency may grant LWOP to attend the Union's convention.

Leave requests under this Section shall be submitted prior to the leave bidding process identified in Article 24 for the upcoming year. Any questions regarding the number of Union members shall be resolved using dues withholding figures pursuant to Article 11 of this Agreement. The granting of this time shall take precedence over the granting of requested leave to other bargaining unit employees for the date(s) indicated. In the event the Union changes delegate(s), the time granted under this Section may be transferred to the new delegate(s) within the facility.

The amounts of official time contained in this Agreement may not be increased or decreased. Exceptions to this Section may be agreed to only by the Parties at the national level.

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