FW: NATCA REACTION TO NTSB RECOMMENDATIONS ON HUDSON RIVER EXCLUSION ZONE

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION (NATCA)

www.natca.org

FOR IMMEDIATE RELEASE

August 27, 2009

CONTACT:  Doug Church, 301-346-8245

 

NATCA REACTION TO NTSB RECOMMENDATIONS ON HUDSON RIVER EXCLUSION ZONE

 

WASHINGTON – NATCA President Patrick Forrey today had the following reaction to the NTSB’s recommendations on the Hudson River exclusion zone airspace, the location of the Aug. 8 mid-air collision involving a small plane and a helicopter near Hoboken, N.J.:

 

"The NTSB again has rushed to wrongly blame the air traffic controller in this incident. The board inexplicably has also made its recommendations before the FAA task force examining these issues -- which NATCA is participating on - has done its job to make what is already an incredibly safe airspace even safer. The task force is due to release its report next week. So why the rush? But the bottom line here is that the controller is not responsible for contributing to this tragic accident and he did everything he could do. We cannot provide traffic advisories to aircraft we are not talking to, cannot see on radar or are not a factor at all."

 

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Update 8-25-09

All,

I’ve been kind of busy lately, and I apologize for my absence. As you may know, I was designated to represent all the three TEB controllers and one EWR controller who were interviewed by the National Transportation Safety Board (NTSB) regarding the crash over the Hudson. I am still representing the TEB controller who was working Local Control at the time of the crash. I’m not going into detail, but I don’t believe the controller is culpable in the crash.

Unfortunately, the NTSB issued a statement on the Friday after the crash that erroneously inferred that the Liberty Helicopter ship was on the radar prior to the transfer of communications to EWR. This wasn’t true according to the NTSB’s own timeline. NATCA asked the NTSB to correct the statement and after initially telling us they would fix it, they refused. This left NATCA no choice but to publically slam the NTSB in the media.

We really took it to them and our side of the story hit every media outlet from the local New York television stations and newspapers to the national outlets like CNN, MSNBC, Wall Street Journal and USA Today. We even made Bloomberg. CNN went as far as to send a car to my house to drive me into the city to do an interview. It was a first for me.

The following Monday the NTSB corrected its statement but in a Blakey-esque move, hid the change under the press release headline “NTSB Removes NATCA from Investigation”. We won the battle, but the NTSB Chairwoman couldn’t handle the black eye. I hope our relationship can be mended, but I won’t sacrifice the defense of our controllers to make nice-nice with the politicos. We stand together!

Anyway, our win was significant but the controller still has an uphill battle with FAA about his conversation on the landline. I’ll be dealing with that shortly and will defend him vigorously. Outcome TBD…

Run-off election: From the NATCA National Office Update

As you may know, I have personally endorsed Paul Rinaldi for NATCA President. Ed Kragh has also endorsed Paul and is his campaign contact at EWR. I urge you all to vote. If you don’t vote then please don’t complain about your leadership. You have a voice as a NATCA member - use it! Our participation in the election was apathetic at around 50%. We are one of the premier towers in the country and should be at 100% participation in our election. Please call me if you have any questions.

UPDATED INFORMATION ON RUNOFF ELECTION

Because no candidate won a majority of the votes cast in the races for NATCA President and Central Region Vice President in the balloting that concluded on July 31, a runoff election is being held for both offices.

. Runoff ballots were distributed on Monday, August 17

. Runoff ballots are due back by 11:59 p.m. EDT on Wednesday, Sept. 16

. Runoff ballots will be counted at NATCA’s National Office on Thursday, Sept. 17 starting at approximately 9:00 a.m.

The new officers determined by the runoff election will take office thirty (30) days after the results of the runoff election are finalized.

Any member who preregistered to receive an electronic ballot for the balloting that concluded on July 31 should have automatically received an electronic ballot for the runoff election. There will be no additional preregistration period in the runoff election.

Members who did not preregister to receive an electronic ballot for the balloting that concluded on July 31 are receiving a mail ballot package for the runoff election. The mail ballot package will again contain instructions on how members may vote online in lieu of returning the mail ballot.

Please note that pursuant to NATCA’s election rules, any member who votes online AND returns a mail ballot will have both votes invalidated.

MEMBERS ARE URGED TO CAREFULLY READ THE BALLOTING INSTRUCTIONS IN THE MAIL BALLOT PACKAGE. In the balloting that concluded on July 31, a large number of members failed to follow the instructions on the ballot to remove the perforated section of the ballot containing his or her marked votes from the section of the ballot with his or her identifying information.

Any questions about the procedures for the runoff election should be directed to National Election Committee Chairman Mike Patterson (atcmp@aol.com) or NATCA General Counsel Marguerite L. Graf (mgraf@natcadc.org).

Contract Ratification:

Contract ratification package: The National Office, on Friday (Aug. 21) began mailing a contract ratification package to the membership. This package has a cover printed on GREEN paper. It includes a cover letter, the entire tentative agreement (including the arbitrators’ decision which is NOT subject to ratification), and what members can expect with respect to contract ratification ballots. Most members should receive their packages by Sept. 4.

Contract ratification ballot: The contract ratification ballot -- printed on GREEN paper and envelopes -- will be sent to members on Sept. 1.

I believe the ratification process must be completed in 45 days from the ballot issuance. I fully expect that we will ratify this contact. It isn’t perfect, but it’s damn good. Some may be disappointed with the pay resolution, but I can tell you that from a labor/management relations standpoint, this is a good contract. I will be voting “YES” to ratify.

Local Issues:

On the home front, we have had a few issues. The new OE process is up and running. We tested it over the past few weeks and it appears to work as advertised. Remember to file a NASA form if you have or witness an OE/OD. Please do this the same day if possible to ensure you are protected. I believe you technically have ten days, but why wait.

ASDE-X parameters: Don’t rely on the ASDE-X for separating your traffic. It does not provide alerts on two aircraft that will occupy the same landing runway illegally until it detects a pending collision. By this time it’s too late to avoid the OE. Look out the window and if that’s not possible, be conservative. Don’t place your ticket on the line by using this system as your primary means of runway separation. It won’t save you.

Lou Caggiano had some concerns about the system prior to FAA certifying it. They chose to ignore his input.

Staffing: We have a total of five people off the boards for varied reasons. I know it’s frustrating for you all as you can’t get spot annual on many shifts and I’ve heard the weekends are particularly short. I’ve had conversations with Jim Swanson about this and I hope this can be mitigated in the next negotiated schedule. We have not begun negotiations on this because of the new contract and also because President Obama is about to sign an Executive Order forcing all federal agencies to “permissive bargain” on management rights, including staffing. More on this when I have more info.

Inbound bodies to EWR: We have approximately 5 people inbound to EWR in the next 6 months or so. One is a CPC from another tower, another is a hardship and the rest are off the street.

Past NATCA meeting: For those of you who came out to Terminal One for the meeting a few weeks back, THANK YOU. For those who couldn’t or just didn’t attend, I think you missed out. We discussed a host of issues that are obviously important to the membership. My big question to all of you; “What are the top three quality of life issues that you think need to be fixed over the next year?” I need to know this because I want to focus my energy on those things that will make the biggest impact on your life at EWR. It gives me a good point to start negotiating from. Please let me know..

My status: I am currently in the building on Mondays from about 8 to 4. I am restricted to the first floor, so you won’t see me upstairs. Please come down and visit. I am also engaged in many other activities for NATCA. I’m still the Legislative Coordinator for New Jersey, an Arbitration Advocate and also the designated representative for the TEB controller involved in the Hudson crash. No matter, you can always reach me via my cell 201-362-9305 or email rayadams@yahoo.com . I am glad to say that I have a cordial working relationship with Jim and the rest of the first floor.

That’s all I can think of right now. I’m sure I missed something and when it comes to me, I’ll e-mail or blog it.

Fraternally,

RY

Summary of award

Forwarded from Phil Barbarello

Hello All,

For some reason the attachments are not getting out to everyone and those that are using PDAs are having trouble viewing documents so I will try to identify some of the bigger issues in bullet form.  

Summary of award

• annual increase of 3% to basic pay in January 2010, 2011 and 2012 or the pay band minimum, whichever is
  

      greater without regard to pay caps (no more lump sum payouts).

• bargaining unit employees will continue to receive Locality Pay in addition to basic pay and will have their Locality Pay adjusted annually consistent with government wide changes coincidental with the January pay increase.
  

• no more agency determined Organizational Success Increases (OSI) or Superior Contribution Increases (SCI)
  

• No back pay
  

• Base of the pay bands are restored to 2006 levels in 2012
  

• Bargaining unit employees who are eligible to retire from federal service receive an additional one percent (1%) increase to their base pay in January
  

       2010 and January 2011.

• Bargaining Unit Employees who are on board the first full pay period in June 2010 and were either an FAA Academy student or a developmental controller (but not CPC-IT) on September 3, 2006, will receive a 8% increase to basic pay the first full pay period in June 2010.
  

• CIP returns at 100% beginning the 1st full pay period in October 2009
  

• Locally negotiated prime time annual leave periods
  

• (2) consecutive or non-consecutive weeks of annual leave during prime time for all bargaining unit employees.
  

• 3 year agreement
  

In Solidarity,
Phil Barbarello

From Aviation Week: Airtran leaving Newark

AirTran, swapping slots with Continental, will leave Newark Airport after more than a decade of service there and add more flights and service at New York LaGuardia and Washington National instead. The slot swap is not nearly as big as the one involving Delta and US Airways. According to an official familiar with the slot situation at the airports involved, AirTran is giving Continental 10 slots at Newark in exchange for four Continental slots at LaGuardia and six at National. AirTran currently holds 21 slots at LaGuardia, from which it offers daily service to four cities, and 16 at National, from which it offers daily service to three cities. AirTran actually is adding service at LaGuardia involving six slots, which means it recently obtained another two slots from some other, unidentified carrier. An AirTran spokesman declined comment on any AirTran slot changes. The airline did announce, however, that it will be starting twice-daily service between LaGuardia and Indianapolis Nov. 4. It also will be adding daily Orlando service in addition to its current weekend-only service. At National, AirTran will add a sixth daily flight to its Atlanta hub and add twice-daily Orlando service to its current Saturday-only service. Orlando is a hub for AirTran, with service to more than 30 destinations, and it has been continuing to build on its East Coast service to Florida. What AirTran gives up is Newark, from which it has been offering service to Atlanta since July 1999. That service, currently five roundtrips a day, will end Oct. 25. (AirTran also briefly offered service between Newark and Chicago Midway, but that ended in January 2007.) "While closing Newark after serving this market for 10 years is a difficult decision, gaining increased access to LaGuardia and Reagan National creates significant growth opportunities for AirTran Airways in the future," Kevin Healy, the airline's senior VP-marketing and planning, said in a memo to employees. Continental's plans for the additional slots at Newark could not be determined yesterday.

From the Buffalo News: Airline laments hiring of Flight 3407 pilot

By Jerry Zremski News Washington Bureau Chief August 07, 2009, 12:32 AM / WASHINGTON The president of Pinnacle Airlines, which owns the airline that operated the plane that crashed in Clarence Center in February, killing 50, Thursday acknowledged the pilot did not belong in the pilot's seat. "Had we known what we know now, he would not have been in that seat," said Philip H. Trenary, president and chief executive officer of Pinnacle, owner of Colgan Air, which operated the doomed plane. Trenary's admission came at a Senate Aviation subcommittee hearing where senators grilled airline executives about several issues that have surfaced in the federal investigation into the crash of Continental Connection Flight 3407. The pilot of that plane, Capt. Marvin Renslow, failed three federal "check rides" before Colgan hired him, but his job application with Colgan showed only one failed check ride. Trenary called Renslow "a fine man, by all accounts," but indicated his failed check rides would have been an issue if Colgan had known about them. Colgan did not double-check Renslow's flight record before hiring him. Doing so would have required Renslow's approval under the federal Privacy Act. Moreover, Trenary said that since such records are expunged after five years, Colgan might not have been able to see Renslow's entire test record. Renslow's performance as Flight 3407 approached Buffalo from Newark, N.J., has surfaced as a key issue in the National Transportation Safety Board's investigation of the crash. Investigators found Renslow reacted inappropriately to a stall warning, doing the opposite of what he should have done to correct the plane's course. Hearing Trenary's admission were several friends and family members of the victims of the Colgan crash. "Obviously it's a shot in the gut, to hear [Trenary] basically admitting wrongdoing," said Kevin Kuwik, whose girlfriend, Lorin Maurer, died in the crash. Trenary's comment highlighted the committee's third hearing stemming from the Clarence crash. This time, senators questioned Trenary along with Don Gunther, the vice president of safety at Continental Airlines, and two other industry executives about the relationship between low-paying regional carriers like Colgan and the major airlines. The executives offered no opposition to proposals by Sen. Charles E. Schumer, D-N.Y., that would increase the role of safety experts on a key Federal Aviation Administration panel and that would require travel Web sites to specify when small regional carriers are operating flights on behalf of the big-name airlines. But the executives withheld judgment on a new proposal by Sen. Mike Johanns, R-Neb., that would make major airlines legally responsible for crashes by the regional airlines they hire to run their smaller routes. "The bottom line for me is the safety piece of this," Johanns said. "There's obviously a savings for major airlines to have [regional airlines] doing routes. So if the only way to figure out safety is to deal with it through liability, I would be open to that possibility." Johanns and several other senators raised questions about the pay scales at regional airlines smaller outfits that contract with major carriers to run less-traveled and off-hours routes. Air crews at regional airlines typically earn far less than those at the bigger carriers. Pinnacle's pilots have seen recent increases that have brought their average salaries to $64,000, while co-pilots still earn "in the low $20,000 range," Trenary said. Johanns termed that "remarkable," saying: "With what you're paying them, I think they'd qualify for every government program we have. Those at the end probably qualify for food stamps." Trenary insisted, however, that there was no relationship between what pilots are paid and their performance. "I believe our pilots are among the best in the industry," he said. The airline executives insisted that there is "one level of safety" between the big carriers and their regional partners. But several senators expressed doubts. And when Sen. Mark Begich, D-Alaska, asked whether Continental had a document that detailed its safety policies and compared them with its regional partners, Gunther, of Continental, said: "We don't have such a document." The subcommittee chairman, Sen. Byron Dorgan, D-N.D., said he was concerned about the issue of fatigue among regional airline pilots an issue the FAA is tackling as it rewrites the rules governing when and how much pilots can fly. The co-pilot of Flight 3407, Rebecca L. Shaw, lived with her parents near Seattle and commuted to Newark the night before the fateful flight on a connecting red-eye flight. She later slept in the Colgan pilot lounge at Newark airport. Gunther indicated that the vast majority of pilots who commute to work do so responsibly. "They show up for work ready to go and rested," he said, dismissing as unworkable a proposal to track pilots to make sure that their commuting habits don't interfere with their flying. But Dorgan said he wondered if Shaw's case could point to a larger problem. "Don't you think we now see there's something wrong here ... when you have a co-pilot trying to catch a few winks on the couch?" Dorgan asked.

Please help a NATCA brother in need

Rockton (Rocky) Thurman, controller at Potomac Tracon and long-time NATCAvist, is in need of our help. Rocky suffers from a hereditary circulatory problem that has resulted in several surgeries. His next step is a femoral bypass that will occur on August 12. His doctors estimate 6-8 weeks of recovery before he can return to work.

Rocky is a former facrep (BWI) and currently serves as an Area Rep and Legislative Rep for PCT. Rocky is also the legislative rep for Virginia.

Rocky is now eligible for the leave donor program, Donations can be made at: https://webapps.awp.faa.gov/ovltp/new_donorapp.cfm?here=nat

Unfortunately, this site is only accessible from FAA computers. Rocky will appreciate any help you can give.

I endorse Paul Rinaldi for NATCA President

Wednesday, August 5, 2009

I have declared my personal endorsement for NATCA President.

I firmly believe that Paul is the best choice for Newark Tower, the Eastern Region and our Union as a whole. I've worked with Paul over the past few years during our battles on the Hill over our contract and other FAA abuses and I've also gone to Paul for advice in dealing with the host of local management problems we've had at EWR. Paul is a rock solid union man who believes that our members deserve the best pay and working conditions that NATCA can get. He also knows how to handle managers who are power tripping. I guarantee that Paul won't forget who did this to us.......

I will say that I've also worked with Ruth Marlin in the past. I won't speak harshly about Ruth as she is an intelligent and hard-working NATCAvist, but she is not the right person for the job of NATCA President.

Only Paul Rinaldi has the experience, vision, passion and determination to guide our union through this transitional time in its history. Paul has done it all. He has been a FACREP, legislative activist, arbitration advocate and Executive Vice President of our union. While Ruth Marlin is a competent individual, she is not as well qualified as Paul Rinaldi.

In my time of need, when Newark Air Traffic Manager Ed Masterson and his cronies were hell bent on firing me and took every shot they could, Paul Rinaldi stepped up to protect me. Paul proposed to the NATCA Executive Board that if FAA should fire me, NATCA would hire me to work at the national level and on Capitol Hill. The proposal passed the Board and is now on the books.

Paul stood up for me in my time of need and he would do the same for you.

I'm asking you to stand up for Paul!

VOTE FOR PAUL RINALDI in the runoff election. Our union deserves the best and most qualified President.

Fraternally,

Ray Adams
NATCA EWR President
New Jersey Legislative Coordinator
Arbitration Advocate

Contract Arbitration Award

From Pat Forrey

Sisters and Brothers,

We have been informed by the mediators that they will have a final  
decision and award to the arbitration hearing on pay and the four  
other work rule articles by August 6, 2009.  However, before the award  
will be released, they have a commitment to brief certain  
Administration officials and key representatives in Congress before  
the information hits the streets.  They also told us that they intend  
to brief both parties on the award, but do to their schedules, that  
will not take place until sometime the week of August 10th; they have  
not yet told us which day.  The mediation panel does not intend to put  
the award out until both parties have been briefed on their decision.   
The Agency head review and ratification process will commence the day  
the parties are briefed.

I will put out more information as soon as I hear back from the  
mediators.