Common use of Operating Irregularity Clause in Contracts

Operating Irregularity. (a) Where an operating irregularity occurs that could be the subject of an investigation, and where the circumstances that gave rise to the operating irregularity are not as a result of wilful misconduct or gross negligence on the part of an air traffic controller, and where as a result of that operating irregularity the employee’s air traffic control license is suspended, excluding suspension of the Medical Certificate, by a regulatory agency, then the employee shall suffer no loss of his or her normal pay for up to 30 calendar days, during such period of licence suspension. It is acknowledged that the controller will be assigned other related duties during such period of suspension. (b) No OSI report or information gathered in an OSI process shall be used for disciplinary purposes. (c) If an irregular occurrence has taken place, managers shall immediately arrange for the removal, from operational duties, of any controller directly involved in the occurrence until the circumstances have been fully examined. (d) Removal from operational duties is mandatory and is always applicable except where it is immediately clear and obvious to both the controller and the manager that the incident was caused solely by external influences and that the full responsibility rests elsewhere. This action shall be taken without prejudice and shall not be considered as punitive or disciplinary.

Operating Irregularity. (a) Where an operating irregularity occurs that could be the subject of an investigation, and where the circumstances that gave rise to the operating irregularity are not as a result of wilful misconduct or gross negligence on the part of an air traffic controller, and where as a result of that operating irregularity the employee’s air traffic control license is suspended, excluding suspension of the Medical Certificate, by a regulatory agency, then the employee shall suffer no loss of his or her normal pay for up to 30 calendar days, during such period of licence suspension. It is acknowledged that the controller will be assigned other related duties during such period of suspension. (b) No OSI report or information gathered in an OSI process shall be used for disciplinary purposes. (c) No OSI report shall be used in any hearing related to competency. (d) If an irregular occurrence has taken place, managers shall immediately arrange for the removal, from operational duties, of any controller directly involved in the occurrence until the circumstances have been fully examined. (de) Removal from operational duties is mandatory and is always applicable except where it is immediately clear and obvious to both the controller and the manager that the incident was caused solely by external influences and that the full responsibility rests elsewhere. This action shall be taken without prejudice and shall not be considered as punitive or disciplinary.

Operating Irregularity. (a) Where an operating irregularity occurs that could be the subject of an investigation, and where the circumstances that gave rise to the operating irregularity are not as a result of wilful willful misconduct or gross negligence on the part of an air traffic controller, and where as a result of that operating irregularity the employeeEmployee’s air traffic control license is suspended, excluding suspension of the Medical Certificate, by a regulatory agency, then the employee Employee shall suffer no loss of his or her normal pay for up to 30 calendar days, during such period of licence license suspension. It is acknowledged that the controller will be assigned other related duties during such period of suspension. (b) No OSI report or information gathered in an OSI process shall be used for disciplinary purposes. (c) If an irregular occurrence has taken place, managers shall immediately arrange for the removal, from operational duties, of any controller directly involved in the occurrence until the circumstances have been fully examined. (d) Removal from operational duties is mandatory and is always applicable except where it is immediately clear and obvious to both the controller and the manager that the incident was caused solely by external influences and that the full responsibility rests elsewhere. This action shall be taken without prejudice and shall not be considered as punitive or disciplinary.

Operating Irregularity. (a) Where an operating irregularity occurs that could be the subject of an investigation, and where the circumstances that gave rise to the operating irregularity are not as a result of wilful misconduct or gross negligence on the part of an air traffic controller, and where as a result of that operating irregularity the employee’s air traffic control license licence is suspended, excluding suspension of the Medical Certificate, by a regulatory agency, then the employee shall suffer no loss of his or her normal pay for up to 30 calendar days, during such period of licence suspension. It is acknowledged that the controller will be assigned other related duties during such period of suspension. (b) No OSI report or information gathered in an OSI process shall be used for disciplinary purposes. (c) No OSI report shall be used in any hearing related to competency. (d) If an irregular occurrence has taken place, managers shall immediately arrange for the removal, from operational control duties, of any controller directly involved in the occurrence until the circumstances have been fully examined. (de) Removal from operational control duties is mandatory and is always applicable except where it is immediately clear and obvious to both the controller and the manager that the incident was caused solely by external influences and that the full responsibility rests elsewhere. This action shall be taken without prejudice and shall not be considered as punitive or disciplinary.

Operating Irregularity. (a) Where an operating irregularity occurs that could be the subject of an investigation, and where the circumstances that gave rise to the operating irregularity are not as a result of wilful willful misconduct or gross negligence on the part of an air traffic controller, and where as a result of that operating irregularity the employee’s air traffic control license licence is suspended, excluding suspension of the Medical Certificate, by a regulatory agency, then the employee shall suffer no loss of his or her their normal pay for up to 30 calendar days, during such period of licence suspension. It is acknowledged that the controller will be assigned other related duties during such period of suspension. (b) No OSI report or information gathered in an OSI process shall be used for disciplinary purposes. (c) No OSI report shall be used in any hearing related to competency. (d) If an irregular occurrence has taken place, managers shall immediately arrange for the removal, from operational control duties, of any controller directly involved in the occurrence until the circumstances have been fully examined. (de) Removal from operational control duties is mandatory and is always applicable except where it is immediately clear and obvious to both the controller and the manager that the incident was caused solely by external influences and that the full responsibility rests elsewhere. This action shall be taken without prejudice and shall not be considered as punitive or disciplinary.