PAR Forms - Decision

PRE ARBITRATION REVIEW (PAR) DECISION

ARTICLE 9, SECTION 8

Extension Requested by FAA ☐
Extension Requested by NATCA ☐
For extension, enter date answer due: ____________

Note: Failure to respond by the date answer is due shall constitute a rejection of the Neutral Evaluator’s recommendation.

Neutral Evaluators Signature: ______________________________

FAA Accepts Does Not Accept Signed: ______________________
NATCA Accepts Does Not Accept Signed: ______________________

The Parties recognize that the party that disagreed with the neutral evaluator’s opinion shall incur the arbitrator’s fee and expenses if it does not prevail at the arbitration hearing. The arbitration decision must be sustained in full or denied in full for the said party to incur the arbitrator’s fees and expenses.

SETTLEMENT AGREEMENT

Pre-Arbitration Review (PAR)
(Date)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, (Region)
“Union”
vs.
FEDERAL AVIATION ADMINISTRATION, (Region)
“Agency”

FAA Grievance #:
Union Grievance #:

THIS AGREEMENT is made and entered into by and between the National Air Traffic Controllers Association, hereinafter referred to as the “Union”, and the Federal Aviation Administration, hereinafter referred to as the “Agency”, and collectively known as the “Parties”. This Agreement consists of (X) pages and represents the entire understanding of the Parties for the issues herein addressed.

Insert settlement language.

The terms of this agreement will not establish any precedent, nor will the agreement be used as a basis by the Parties, or any representative organization, to seek or justify similar terms in any subsequent case. This agreement is based solely on the fact circumstances of this case, and cannot be used as comparison in any other case.

This agreement constitutes the complete understanding between the Parties, and the captioned grievance is closed. This agreement does not constitute an admission by any of the parties of any violation of any federal law, rule or regulation.

FOR THE AGENCY:

______________________________
Labor Technical Liaison Office Date

______________________________
Labor Relations Specialist Date

FOR THE UNION:

______________________________
NATCA Representative Date

______________________________
NATCA Representative Date

WITHDRAWAL OF GRIEVANCE(S)

Pre-Arbitration Review (PAR)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, (Region)
“Union”
vs.
FEDERAL AVIATION ADMINISTRATION, (Region)
“Agency”

FAA Grievance #:
Union Grievance #:

The Union respectfully withdraws, without prejudice to any interpretive issue(s) consisting therein, the above referenced grievance(s).

FOR THE UNION:

______________________________
NATCA Representative Date

______________________________
NATCA Representative Date

Sustainment Decision

Pre-Arbitration Review (PAR)
(Date)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, (Region)
“Union”
vs.
FEDERAL AVIATION ADMINISTRATION, (Region)
“Agency”

FAA Grievance #:
Union Grievance #:

This decision is made by the Federal Aviation Administration, hereinafter referred to as the “Agency”. The above referenced grievance(s) are hereby sustained and remedy requested granted in full or in part. If the Union is not satisfied with an in part remedy granted by the Agency in the sustainment of a grievance, the Union at the National Level may, within thirty (30) calendar days following receipt of this decision or date answer was due, notify the Director, Office of Labor and Employee Relations that it desires the matter (remedy dispute) be submitted to arbitration in accordance with Article 9 Section 9.

The Agency shall:

Insert remedy language.

FOR THE AGENCY:

______________________________
Labor Technical Liaison Office Date

______________________________
Labor Relations Specialist Date

Remand AGREEMENT

Pre-Arbitration Review (PAR)
(Date)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, (Region)
“Union”
vs.
FEDERAL AVIATION ADMINISTRATION, (Region)
“Agency”

FAA Grievance #:
Union Grievance #:

THIS REMAND AGREEMENT is made and entered into by and between the National Air Traffic Controllers Association, hereinafter referred to as the “Union”, and the Federal Aviation Administration, hereinafter referred to as the “Agency”, and collectively known as the “Parties”. This Agreement consists of (x) page(s) and represents the entire understanding of the Parties for the issues herein addressed.

The Parties agree that the above referenced grievance(s) are hereby remanded to Step 2 of the grievance procedure. If unresolved at Step 2, further processing shall be in accordance with Article 9 Grievance Arbitration procedures.

FOR THE AGENCY:

______________________________
Labor Technical Liaison Office Date

______________________________
Labor Relations Specialist Date

FOR THE UNION:

______________________________
NATCA Representative Date

______________________________
NATCA Representative Date

ABEYANCE AGREEMENT

Pre-Arbitration Review (PAR)
(Date)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, (Region)
“Union”
vs.
FEDERAL AVIATION ADMINISTRATION, (Region)
“Agency”

FAA Grievance #:
Union Grievance #:

THIS ABEYANCE AGREEMENT is made and entered into by and between the National Air Traffic Controllers Association, hereinafter referred to as the “Union”, and the Federal Aviation Administration, hereinafter referred to as the “Agency”, and collectively known as the “Parties”. This Agreement consists of one (1) page and represents the entire understanding of the Parties for the issues herein addressed.

The Parties agree that the above references cases are subject of National Grievance number XXXXXXXXXX. As such, the parties agree that the above referenced grievance(s) are withdrawn from the PAR process and held in abeyance pending disposition of the national grievance.

FOR THE AGENCY:

______________________________
Labor Technical Liaison Office Date

______________________________
Labor Relations Specialist Date

FOR THE UNION:

______________________________
NATCA Representative Date

______________________________
NATCA Representative Date

JOINT FAA/NATCA PAR Summary

Instructions for Completion

The attached PAR Summary Report is to be completed jointly by the Parties no later than 5 business days following the completion of each PAR. Regional AHR PAR representative(s) are responsible to e-mail completed forms to [email protected] and [email protected] with a cc to the appropriate NATCA Regional Vice President and [email protected]. Any differences in the results are to be reconciled prior to sending the report.

(A)Cases Not Presented – Sustained: Total number of grievances submitted to PAR and sustained by the Agency without presentation to the neutral.

(B)Cases Not Presented - W/D: Total number of grievances submitted to PAR and withdrawn by the union without presentation to the neutral.

(C)Cases Not Presented - Settled: Total number of grievances submitted to PAR and settled by the Parties without presentation to the neutral.

(D)Excluded unheard: Held Pending National Decision: Total number of grievances submitted to PAR and held in abeyance in connection with a national grievance.

(E)Excluded unheard: Not Reached in Available Time: Total number of grievances submitted to PAR, and not heard due to lack of time.

(F)No Opinion – Sustained: Total number of grievances submitted to PAR and presented to the neutral evaluator but sustained by the Agency prior to an oral or written opinion by the neutral evaluator.

(G)No Opinion – W/D: Total number of grievances submitted to PAR and presented to the neutral evaluator but withdrawn by the Union prior to an oral or written opinion by the neutral evaluator.

(H)No Opinion – Settled: Total number of grievances submitted to PAR and presented to the neutral evaluator but settled by the Parties prior to an oral or written opinion by the neutral evaluator.

(I)Opinion: Agency Prevails – W/D: Total number of grievances submitted to PAR and presented to the neutral evaluator but withdrawn by the Union after an oral or written opinion by the neutral evaluator favors the agency. Note: This is the category for cases where the neutral’s opinion favors the Agency and both Parties circle “Accept” on the opinion form.

(J)Opinion: Agency Prevails – Settled: Total number of grievances submitted to PAR and presented to the neutral evaluator but settled by the Parties after an oral or written opinion by the neutral evaluator favors the agency.

(K)Opinion: Agency Prevails – Union Rejects: Total number of grievances submitted to PAR and presented to the neutral evaluator but the Union rejects an oral or written opinion by the neutral evaluator favoring the agency.

Joint FAA-NATCA Instructions for PAR Summary

(L)Opinion: Union Prevails – Sustained: Total number of grievances submitted to PAR and presented to the neutral evaluator where the agency accepts both the findings and the remedy (in whole or in part) of an oral or written opinion by the neutral evaluator favoring the union. Note: This is the category for cases where the neutral’s opinion favors the Union and both Parties circle “Accept” on the opinion form.

(M)Opinion: Union Prevails – Settled: Total number of grievances submitted to PAR and presented to the neutral evaluator where the agency accepts the findings of an oral or written opinion by the neutral evaluator favoring the union but negotiates a remedy with the union to close the grievance.

(N)Opinion: Union Prevails – Agency Rejects: Total number of grievances submitted to PAR and presented to the neutral evaluator but the Agency rejects an oral or written opinion by the neutral evaluator favoring the union.

(O)Remanded: Total number of grievances submitted to PAR and, at any stage of the proceedings, remanded to Step 2 by agreement of the Parties for further discussion. The Union’s right to appeal the grievance to arbitration in accordance with Article 9.8(i) is preserved if the local parties are unable to resolve the matter.

Submitted to PAR: Total number of Grievances submitted to PAR. This must be the sum of categories A through O as defined above.

•The attached summary sheet may be completed manually or by computer using the Excel-based PAR template workbook. Completing it on the computer automatically populates the summary sheet and computes the total number of grievances submitted. Either way, both Parties must endorse the tally, and it must be transmitted as described above. The neutral’s signature is not required.

Att.

FAA-NATCA Pre-Arbitration Review Tally Sheet

2009 FAA-NATCA Agreement

Region: ______________________________
Dates: ______________________________
Total cases submitted to this PAR event: ☐