Grievance # by eqr16484

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									                                    Union Grievance




Grievance #

Facility

Name of Grievant

Date of Violation

Name and Title of Person Grievance is filed against


List of Contract Violations/ Relevant Orders and Statutes

The Agency’s actions constitute a violation of, including but not limited to Article 25 of
the 2003 collective bargaining agreement between NATCA and the FAA and 5 USC
7100. This grievance is filed pursuant to Article 9 Section 1 of the 2003 collective
bargaining agreement and 5 USC 7103 (a) (9).


Facts/ Nature of Grievance

On or about September 3, 2006, Controller_______ was
    denied a request for sick leave,
    was required to provide information beyond the scope of Article 25
    was placed on a sick leave restriction
    was provided inappropriate counseling
    was placed on AWOL because of inappropriate denial of sick leave


Corrective Action Sought

    rescind any sick leave restriction
    remove all information beyond that which is required by the CBA from the
     employee’s OPF
    retroactive approval of sick leave
    make Controller whole in every way and any other remedy deemed appropriate


NATCA wishes to make an oral presentation
Signature

Date
VIA FACSIMILE AND CERTIFIED MAIL
Manny Ger
Labor Relations Specialist
Federal Aviation Administration
800 Independence Ave, SW
Room 515
Washington, DC 20591

       RE:      Information Request: Denial of Sick Leave

Dear Mr. Ger:

In accordance with 5 U.S.C. 7114(b)(4), I submit this request for information concerning
the denial of sick leave to __________, ATCS at _______facility.

This information is necessary to evaluate the actions of the FAA to ensure appropriate
compliance with the collective bargaining agreement and Agency regulations.

       1.       Any and all Agency documentation justifying the denial of sick leave for
                ______ for ______ time period. This should include, but not be limited to,
                the following: all Agency regulations consulted to assess ______’s eligibility
                for sick leave; the names and positions of all individuals involved in
                reviewing ______’s eligibility for sick leave; and any relevant case law
                associated with the denial of leave.
         2.     Any and all Agency documentation justifying the imposition of a sick leave
                restriction for ______ for ______ time period. This should include, but not
                be limited to, the following: all Agency regulations consulted to assess
                ______’s sick leave restriction; the names and positions of all individuals
                involved in reviewing ______’s sick leave restriction; any and all Agency
                policies or manuals related to sick leave restrictions; and any relevant case
                law associated with the denial of leave
         3.     A redacted list of every bargaining unit employee who has been denied sick
                leave and the reasons for the denial.
         4.     A redacted list of every bargaining unit employee who has been placed on a
                sick leave restriction and the rationale for that decision.
         5.     Any and all Agency documentation regarding the medical requirements for
                employees requesting sick leave.
This information is required by NATCA to comply with its representational
responsibilities as the exclusive representative of the bargaining unit. It is necessary to
assist the Union is assessing the appropriateness of the Agency’s actions against
________. This information will be utilized by NATCA as _______’s grievance is
processed through the contractually defined grievance procedure. If you believe that you
cannot provide any of the requested information, please cite the contractual or statutory
provision that prohibits its disclosure. If you have any further questions regarding this
request, please do not hesitate to contact me. I can be reached at 555-1212.

Thank you for your attention to this matter.
Sincerely,


Hugh Yun
Facility Representative

								
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