Your grievance forces a clarification of the rules. If you win and your swap is approved, then anybody in a position similar to yours gets their swap approved, either because they grieve it also or they write rules for NCEPT to consider swaps that follow mutual agreement or a decision of an arbiter. Even if you don't win, this rule change might happen so you will know when your swap must be approved by NCEPT.so your solution is to wait for them to come up with a reason why it shouldn't be done already, when in fact the reason it is not done is because realistically, they already just are kind of winging it with the rules as it is? How is that an adequate solution to the problem? I don't know what an unreasonable delay or denial looks like because they have not set rules as to what that entails is a silly argument, and an easy one to make when it's not you sitting there for the better part of a year not being able to plan my life in the short term because well.... you don't know when things are going to change, and when you do how fast it'll happen.
and my rep is very involved, as well as my RVP being on the ncept board and also fully aware of the situation. I'm a pro union guy but I'm not so much so that I'm blind to the fact that the union is just as much at fault for this shit MOU as the agency.
Your argument would probably go something like this. A swap is reasonable because: 1. you and the other CPC have sufficient experience to succeed in the other's facility; 2. both of you are likely to check out within an amount of time that would not require downgrading the facility's workgroup category; 3. your ATMs agree that this is the case; 4. you and the other CPC reaffirm that you are sincere in wanting this swap, and 5. both of you would move within whatever time period granted by NCEPT once the swap is approved. Maybe if the FAA can show that any of that isn't true, it would be unreasonable.
And if you win and it is approved, the MOU you hate will keep a promotion from being moved in front of you at the last minute unless the COO approves it.