Hudson crash readback "error" that is not on NTSB's animation

NTSB's Hudson Midair Animation Lacking Key Details?

NTSB Chairman Deborah Hersman last week spoke before the Subcommittee on Aviation in the U.S. House of Representatives and stated that the pilot of the Piper involved in the fatal midair with a Eurocopter over the Hudson this August may have transferred to the wrong frequency. Hersman told the Subcommittee that the pilot acknowledged the Teterboro controller's last instruction to pick up Newark, but that "the pilot read back to the controller an incorrect frequency." There is no indication, according to Hersman, "that the incorrect read-back was heard or corrected by any air traffic controller." Matched with the NTSB animation released the same day, the read-back occurred while the lone working Teterboro controller was also engaged with what the NTSB identifies as a "personal phone call" and other audible radio communications from a controller at Newark. However, from the NTSB's animation alone, it is not at all clear that the read-back was incorrect or even complete. (See minute 2:25 of the video, below.) The animation does, however, include transcription of some communications that are not audible in the presentation.

Hersman's comments are available online, and we expect more as the investigation continues. Multiple major news outlets, from The New York Times to Fox News, have published Hersman's comments about the inaccurate read-back. Some, including The New York Times and Newsday, have reported the alleged incorrect frequency not audible in the animation and not mentioned in Hersman's published comments.

Executive Vice President Trish Gilbert's Update Sept 20th

ALOHA ALL NATCA BROTHERS AND SISTERS:

The Western Pacific Region is proud to announce that hotel reservations for the Hawaii 2010 Convention, "NATCA IN PARADISE," will be available beginning Thursday, September 24, via the Convention website, http://alohanatca2010.natca.net

To reserve your room on the website, just click on the "Hotel Room Reservations" link from the main page, then click on the "Hilton" graphic on that page. The reservations page will pop up. Then, follow the instructions to reserve your room. The "Group Code" will already be entered with your reservation. You can change the arrival and departure dates that are entered by default to suit your own needs.

To phone in your room reservations, dial 1-800-HILTONS (1-800-445-8667), and tell them you want to book a room at the Hilton Hawaiian Village, under the Group Code "AOA."

For budgeting purposes, the room options and rates are as follows:

Garden/Mountain View: $189/night
Partial Ocean View: $215/night
Ocean View: $229/night
Deluxe Ocean View: $259/night
All room rates are subject to 9.25% transient tax and 4.712% state tax (state taxes may go up after the first of the year).

Our contracted room rates will be available three days before and three days after, just in case you want to enjoy some island spirit on either side of the Convention. We will also have discounts on the outer Hawaiian Islands through Hilton, should you decide you really need more time to put your feet in the sand or catch a wave.

As we move closer to the Convention, we will be adding links to the website for Convention registration, events, merchandise, and family activities. Our goal is to make this website a one-stop shop that will ensure you are able to join us for NATCA IN PARADISE.

Mahalo,
The Hawaii 2010 Convention Committee

The contract ratification ballots will be counted next Wednesday, September 23^rd.  If the contract is ratified, it will be signed on the 25^th and go into effect on October 1^st.    

As many of you already know, we have asked the arbitrators to clarify their position on the intent of the language with regard to the approximate 1440 trainees that were hired prior to the imposed work rules, but then had their pay frozen when the white book bands were imposed.  The arbitrators are looking seriously at the numbers and will get back to us when they have made a decision on what, if anything, they will do with regard to that piece.  All concerns and ramifications have been relayed to them on the impacts of implementing the 8% bump at different times over the course of the three years. 

As you know, a collective action suit was filed by NATCA members for improper compensation for employees who work more than 40 hours in a work week.   One of the key issues in that suit was decided on summary judgment.   That decision was that credit hours and comp time are not authorized for FAA employees covered under the Fair Labor Standards Act (FLSA).  Those employees must be paid time-and-a-half for all time worked in excess of 40 hours.   In 1996, FAA Reform exempted FAA employees from most of Title 5, including those provisions that provided for the accrual and use of comp time and credit hours.   Credit hours are a part of one type of flexible schedule. 

The other type of Alternative Work Schedule (AWS) is a compressed work schedule (CWS).  The two main types of CWS are 4-10s and 5/4/9. The 4/10 schedule allows an employee to work four ten-hour days instead of five eight-hour days and that schedule is still available.   The second allows an employee to work five nine-hour days in one week of a pay period and four nine-hour days in the other (one day is actually eight hours). This creates a pay period of two consecutive weeks with 80 total hours of work. While the 5/4/9 schedule is available to other federal employees under an exception to the FLSA in title 5, it is not available to FAA employees because, under the FLSA, the work week is defined as 40 hours within a 168 consecutive hour period.   Two or more work weeks cannot be combined to average 40 hours. Therefore, 5/4/9 schedules are not available under the law that applies to FAA employees.

Even though the summary judgment was almost a year ago, we expect that the FAA will stop covered employees from earning credits hours and comp time on or about October 1st.  While the law currently prohibits credit hours, comp time, and 5/4/9 schedules for FAA employees, the contract, if ratified, actually provides us with the opportunity to add those programs if the law should change during the term of the agreement.  At some point in time, if the membership wishes to pursue a change in the law, NATCA will make it a legislative priority. 

President Obama finished his appointments to the Federal Services Impasse Panel and for the first time since December 2007, the panel has its full complement of Presidential appointees.    The Panel resolves impasses between Federal agencies and unions arising from negotiations over conditions of employment under the Federal Service Labor-Management Relations Statute (Statute) and the Federal Employees Flexible and Compressed Work Schedules Act.  Additionally, the White House has indicated that it will soon move forward with an Executive Order that would re-establish the National Partnership Council as set forth in E.O. 12871 created by President Clinton and dissolved by President Bush.   Working under the umbrella of EO12871, NATCA and the FAA successfully engaged as full partners.  Together we identified problems and crafted solutions to better serve the agency’s customers and its mission.  We facilitated training of agency employees in consensual methods of dispute resolution.  We worked collaboratively on the design, construction, and deployment of several new safety systems and pieces of air traffic equipment.  By all accounts, E.O. 12871 provided the framework for a very successful partnership.  This Executive Order should re-establish the importance of labor and management working together.   During the August 17^th meeting with the Administrator, the NEB advocated the FAA and NATCA not wait for an Executive Order by the White House, but rather start working in a collaborative manner sooner rather than later.    One month later the Agency still moves forward on key issues without involving the Union, and refuses to negotiate permissive subjects.   It would seem that the FAA will need the Executive Order in place to involve the invaluable input of its employee’s representative and a ratified contract to be held accountable.

This week NATCA testified before the Senate and House Aviation subcommittees on the Hudson River airspace.  Eddie Kragh from EWR Tower did an outstanding job on behalf of NATCA, presenting the testimony, answering questions, and giving input to the subcommittees.   

I was scheduled to attend Tuesday morning’s opening session at the Basic Facrep course in Las Vegas but due to the last minute announcement of the Senate hearing, I was unable to fly out west.    I apologize to the attendees of the class for canceling my trip on short notice, but felt I needed to be at both Hearings since Pat and Jose Ceballos (Director of Government Affairs) were delegates at the AFL-CIO convention in Pittsburgh during that time. 

The National Legislative Committee was in town on Monday and Tuesday this week and, of course, the Election Committee the later part of the week for the run-off ballot counts.   Thanks to the election committee….Mike Patterson (chair), Alex Stanley (PAE), Dylan Sullivan (N90), Jacob James (PCT), and Harold Warncke (F11).  

I would like to end my update with messages from Paul Rinaldi and Ruth Marlin following the results of the election.   They both speak of love for our Union and the importance of moving forward together. 

Until next week,

Trish Gilbert, NATCA Executive Vice President

A Message from President-Elect Paul Rinaldi:

Brothers and Sisters,

 

Thank you so very much for the trust and confidence that you have placed in me by electing me as next President of our great organization.  I am truly humbled by this honor and am excited to start this new chapter with NATCA’s Executive Vice President Trish Gilbert and the entire National Executive Board.

 

I want to thank and congratulate Ruth Marlin for a hard fought and well-run campaign.  Ruth and I had the opportunity to speak after the election results were announced.  During our call, Ruth expressed her continued commitment to NATCA and our membership and her willingness to help in any way she can.  I deeply appreciate Ruth’s offer and look forward to working with her in the future. I am committed to utilizing her many talents for the good of NATCA.

 

I would also thank Pat Forrey for his service to our membership during this very difficult time.  Pat, I hope that I can call on you in the coming days, months, and years for your advice and counsel.

 

Additionally, I would like to congratulate Kevin Peterson as the new Regional Vice President of the Central Region.  He will be a wonderful addition to the National Executive Board and I look forward to working with him. 

As Trish and I transition into our new positions, I look forward to meeting with all of NATCA’s past leadership – including Pat, Ruth, John Carr, Mike McNally, Joe Bellino and of course we have the privilege to have Barry Krasner in the office everyday  – to call on their individual and collective experiences.  I welcome their thoughts and ideas as Trish and I work, in concert with the entire National Executive Board to reunite our union and plan for its future.

 

Also, I will soon reach out to FAA Administrator Babbitt and Congressional leadership to express my desire to engage the FAA in a meaningful way that gives NATCA a strong and equal voice in the decision-making process – especially on NextGen, services and facility realignment and other changes to the National Airspace System.  Too much is at stake for our membership to be absent from the table any longer.  We need to be a part of the process to ensure a wholly acceptable and successful solution.  The alternative is unacceptable.  

 

Nearly 10,000 of our members voted in the run-off – the highest election turnout ever!   This overwhelming level of participation shows that NATCA members are dedicated to playing a critical role in helping our union realize its full potential.  I encourage every member to get involved and help shape our Union. 

 

 

NATCA is faced with unprecedented opportunity today.  It is my hope that we will be able to benefit from a friendly Administration and Congress in order to address the many issues that have plagued us for years.

 

As we all turn the page and move beyond this election, it is critical that we must speak with one strong voice if all of us are going to be heard.  NATCA’s membership is its greatest strength, and to be successful, your enthusiasm, energy, and continued commitment to professionalism and protecting America’s flying public are greatly needed.

 

Thank you again for this incredible opportunity and one that I do not take lightly.  I look forward to seeing all of you soon.

 

Our collective spirit is their enemy!

 

In solidarity,

 

Paul Rinaldi

A Message from Presidential Candidate Ruth Marlin:

September 18, 2009

Yesterday afternoon, I called Paul Rinaldi and congratulated him on his election as NATCA President.

Thank you for your support, dedication and contributions. It was a long and exciting campaign and I am grateful to everyone who took part in it. Now it is time for NATCA to move forward. We have many challenges ahead and a great deal of work to do. It will require the work of every NATCA member to achieve our mutual goals. NATCA members have demonstrated their ability to succeed when we have worked together, held one another accountable, and put the interests of our members first.

While the political environment in our country has never been more favorable for our union, that does not mean we can stand down. We must continue to work to ensure that Title 49 is amended to ensure current and future contract negotiations have a proper dispute resolution process. This does not have to wait for the full FAA reauthorization bill to make it through Congress, there will be Continuing Resolutions, DOT appropriations bills, and other legislative vehicles where this language can be inserted. We must seize the moment and get our language enacted, our opportunity is fleeting, We will not always have a majority in Congress that respects workers’ rights.

We must continue to protect our nation’s aviation infrastructure from threats of facility closures, consolidation, collocation, and contracting out. This is an issue for every member, it cuts across professions and facilities. While our members at up/down facilities know it best, the FAA plans are sweeping. In document after document the FAA lays the groundwork for future plans to dismantle Centers across the country using the NY integrated control facility as the model. As they move forward with consolidation plans, they will continue to develop plans to set pay by area or specialty for the 2012 contract negotiations. Since the FAA will not be able to change the pay scales, instead they will work to change our positions in it.

We must stand together, across facilities, regions and professions to protect one another. As our brothers and sisters in Region X are relocated and restructured, our members in air traffic must pay attention, an attack one is an attack on us all. When low activity towers are targeted for contracting out, the FAA is not going after “them” they are going after “us”. When the FAA seeks to downgrade dozens of facilities based on their new counting program and exploiting our nation’s economic crisis, we must stand together. We must tend to our image to build the public and political support we need to defend our professions, to do this we must stand together.

While our external battles require solidarity, we will need to support one another while we address internal issues as well. We must all recognize the dramatic drop in dues revenue cannot be absorbed without some strain. Everyone will have to do their part to get our union out of deficit spending and back to financial health. Choices will be made by our leadership to cut costs that will require our support. It is not that they do not want to have as many meetings, stay in expensive cities, and cover everyone’s expenses, it is that our officers will be tasked with prioritizing every activity in order to meet NATCA’s goals within a restricted budget.

We have work to do to ensure NATCA policies are equitable. One element of the arbitrator’s award that hasn’t gotten much attention is the temp sup seniority policy. The arbitrators imposed a provision that effectively reinstates the pre-2008 seniority policy to those who accept temp sup positions. As a result, we have a policy enacted by convention that takes seniority away from our members and a contract provision that reinstates it for a small group of them. This reminds me of 1998, when NATCA nearly lost the right to determine seniority as a result of the 1996, back to 0 penalty clause. NATCA members at our next convention would be well served by adopting a seniority policy that treats all members equitably or we will likely face the same threat at the bargaining table in 2012. The arbitration award already set the issue in motion.

In addressing the internal issues, solidarity is required as well. Solidarity does not mean agreeing on all issues, it means that we are a community working toward a common set of values or goals. We must be free to disagree and debate. When there is an avenue for all voices to be heard we will be a strong and effective union.

These are just a handful of the challenges ahead of our union, and we must all work together to face them. As I have said many times over the last several months, elections are a snapshot in time, now it is time for us to move forward, united in common purpose to achieve our goals.

In Solidarity,

Ruth Marlin

 

Back pay under sustained grievance NC-AEA-09-96291-EWR-4

Jim,

As you stated in the sustenance of my grievance regarding payment of the Organization Success Increase for 2008, the Agency will retroactively adjust my pay to reflect the “misinterpretation” of the agreement. In accordance with the Back Pay Act - 5 USC 5596, the Agency is required to retroactively adjust my pay plus pay me accrued interest.

The relevant sections of the Act read:

5 USC 5596

(b)

(1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee—

(A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect—

(i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and

(2)

(A) An amount payable under paragraph (1)(A)(i) of this subsection shall be payable with interest.

(B) Such interest—

(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made;

(ii) shall be computed at the rate or rates in effect under section 6621(a)(1) of the Internal Revenue Code of 1986 during the period described in clause (i); and

(iii) shall be compounded daily.

Please ensure that all appropriate interest under the statute is included in the restoration of pay. Please ensure that the payment is itemized and that the method of calculation is included in correspondence addressed to me outlining the restoration. These measures are required to ensure the Agency’s compliance with applicable agreements and law.

Thank you,

Raymond Adams

NATCA EWR President

A small victory for our union and a larger victory for me

All,

I received a letter today from Acting Air Traffic Manager Jim Swanson. It seems he was tasked with delivering to me a victory on a grievance filed by EK in February 2009..

For those of you who don’t know, Cliff Rushing and Ed Masterson have deprived me of as much pay as they possibly could without actually suspending me (until now of course). Well, part of that was depriving me of my Organizational Success Increase for 2008. This amounts to something like $4200 or so (could be more). They did this without regard for their own rules, white book or federally mandated pay system. Just simply an arbitrary and very capricious action. I’ll bet CR and EM had a good laugh together when they did that.

So today I get a love letter from 118 Flagpole Road. Of course, I figure it’s just another form letter response to the grievances I’ve filed recently. Turns out that 7 months later and with no previous responses to it, FAA has sustained my grievance. I will be retroactively paid the full OSI for 2008 and I’ll get whatever the base pay adjustment was. Score one for the good guys!

I think EK had filed some other OSI grievances. I’ll find out the status of those when I can get into the office to search the files. I hope this small win for the union is the first step in reversing all of Ed Masterson’s destructive actions.

If anyone else has issues with their previous OSI, please let me know.

Best,

RY

UNGA TFR guidance

All,

I’ve been told that we are experiencing extremely heavy VFR volume on the CBA position due to the United Nations General Assembly TFR that is in effect. As always, the procedures are screwed up because we have no say in them and the extra workload is dumped on the controllers who work CBA each day. This is unfortunately creating a dangerous situation, especially due to the events of August 8^th when we realized that poor procedures can contribute to or cause collisions and loss of life, even in “see and avoid” airspace.

In light of the recent crash over the Hudson River involving two VFR aircraft, I am recommending to each controller who works CBA to key the briefing button and invoke Article 65 due to the unsafe procedures in place. Also, I am reminding you to be aware of the amount of aircraft you can safely provide separation services to. Since you have the aircraft under your control, on your tag and on your frequency, YOU WILL LIKELY BE IMPLICATED IF THERE IS A CRASH. If you cannot handle any more traffic, advise the aircraft or adjacent facility to remain clear of the Class B airspace and simply explain that you are too busy. I also suggest that you do not issue “radar contact” to aircraft that you are not required to. If the order states that they must “squawk and talk” then let them do that. Radar identification implies separation services. I suggest you say “squawk observed, no separation services will be provided, maintain V-F-R at all times”. I still suggest you do your best to prevent any observed conflicts to the best of your ability. We still have an obligation to the flying public to keep them as safe as possible, even in spite of FAA’s handicapping our mission.

On Tuesday and Wednesday of this week, FAA’s Rick Day and Hank Krakowski testified that it is not possible to safely provide separation services to the surface in the Hudson River exclusionary airspace due to technological limitations. Yet, FAA management at Newark is requiring you to do just that. This is unacceptable. We know there are distinct limitations to radar acquisition and radio communications in that area due to the tall buildings lining the river. FAA’s not letting the facts get in the way of its plans on this..it’s just plain dangerous.

I have spoken to Robert Lehmann and Jim Swanson about this and Jim said he will look into it and respond to me on Monday. I agreed to allow him the opportunity to correct this. If he does not, it will be on him if something happens. I will back this up in writing and BCC other entities to ensure follow up and accountability. Some of those entities are also getting this email and read our blog. I will also include Jim Swanson on this email…Hi Jim!

Please notify me immediately of any further issues that involve this TFR.

Fraternally,

Ray

From Paul Rinaldi

A Message from President-Elect Paul Rinaldi:

Brothers and Sisters,

It is my great honor and privilege to represent the great members of NATCA as your next President!

As this election comes to an end, a new chapter in NATCA also begins. We have a tremendous amount of work ahead of us and I would be remiss if I did not take a moment to say thank you to those that supported me and gave 100 percent of themselves to get out the vote in order to ensure that a majority of our membership decided this election. We had a record turnout in the runoff election and I thank everyone who voted. You understood the importance of this election and you took the time to let your voice be heard.

Regardless of whom you supported in the election, it is time for us to quickly put it behind us and stand united as we move forward. I feel extremely blessed and fortunate to have the opportunity to lead this union, with its amazing group of activists.

During this election, particularly over the last six weeks, I was re-energized and reminded why I love this union so much and why I chose to run for NATCA President. I believe this union is about "you and I working as one, for the good of all."

We have an opportunity over the next three years to correct the wrongs of the past five. Our hardwork and subsequent successes over the course of these next three years will impact our union and our professions for decades to come. Our collective spirit has been and will continue to be their worst enemy!

I now commit to you, every minute of every hour of every day for the next three years, to bring you results! I promise to work to make your quality of life better. I promise to work to ensure the FAA pay you properly and treat you with respect. I promise to work to make NATCA stronger and more united than ever before.

Sometimes the words "thank you" just isn't enough to show the deep gratitude I have for every single one of you who make up this great union. I will work every day to show you how thankful I really am. Additionally and most sincerely, I would like to thank Ruth Marlin for stepping up to serve our union by running for President. I hope that I will always be able to count on her in the future for her help and counsel.

In solidarity,

Paul
Our Collective Spirit Is Their Enemy!

Original Url:http://www.natca.org/newsletter/Presidentelect_message091809.msp

Reservoir Dogs

Ray Adams, Eddie Kragh, Mitch Herrick, Doug Church and Trish Gilbert

Pic taken by Frank McCarthy

Paul Rinaldi is elected NATCA's next national President

All,

I am happy to announce that Paul Rinaldi, a great union brother has been elected to hold NATCA’s highest position. As you know, Eddie Kragh and I both endorsed Paulie and firmly believe he is the best choice for NATCA.

The future is looking bright for our union and profession with Paul Rinaldi and Trish Gilbert in our top spots. I look forward to their leadership.

Here are the numbers that I have received:

Paul Rinaldi: 5023 votes

Ruth Stillwell Marlin: 4420 votes

Congratulations Paulie!

Fraternally,

Ray

Ed Kragh at the witness table in the House Aviation Subcommittee hearing

Our past President Ed Kragh was a witness at the House Aviation Subcommittee hearing today regarding the NY VFR Airpspace Task Force recommendations. Eddie did a great job effortlessly answering questions posed by the congressmen. I can't say the same for FAA's Hank Krakowski who was under continuous fire from local congressmen Sires of NJ and McMahon and Nadler from NY and appeared to be looking for cover. I even grabbed Hank myself before the hearing and introduced myself. I had to put a face to the name he sees plastered all over the letters coming across his desk.

This week's events update

All,

 

It’s going to be a busy week for EK and me.  EK is wrapped up in the whole Hudson River crash task force and I have some friends to visit on Capitol Hill.  I will also be providing Eddie some moral support as he will be in the hot seat, testifying before the Senate and House Aviation subcommittees about the FAA Hudson River Task Force recommendations.  We also have a high level meeting with the Department of Transportation Inspector General’s investigator working the EWR safety problems and the #3 guy in ATO-Safety.  I’m cautiously optimistic about this meeting although this might just be a move by FAA to placate us, but at least our ideas are moving up the chain and they can’t say they didn’t know.

 

Eddie Kragh deserves a BIG - no - HUGE pat on the back for all of his work as NATCA’s representative to the task force.  He is ensuring that we don’t get the shaft by FAA or any other organization.  I think the recommendations that came out of it are reasonable and at this point I don’t foresee a big problem for us.  I hope I’m right but we are dealing with the FAA here….Please thank Eddie the next time you see him.  He is still a tireless advocate for all of us and our profession.  Thank you Eddie!

 

We will both be back in town on Thursday and as always you can reach me on my cell or via email.

 

Don’t let management wreck the place while we’re gone.  Please hold our “superiors” (hahahahaha!)accountable by letting me know about their misdeeds or other basic abuses of supervisory authority.  We all know who the culprits are there.

 

In the immortal words of the Terminator, “I’ll be back”. Please insert your best Arnold accent.

 

Fraternally,

Ray

 

 

 

NATCA's statement on the FAA Hudson River task force recommendations

NATCA REACTION TO FAA HUDSON RIVER TASK FORCE RECOMMENDATIONS

EDDIE KRAGH, NATCA REPRESENTATIVE TO THE TASK FORCE AND A NEWARK AIR TRAFFIC CONTROLLER:

"I believe that the FAA's task force recommendations meet or exceed the NTSB's on every issue. We also developed ideas that the Board did not consider, such as new charts for VFR pilots. I am confident that on all the ATC specific recommendations, we identified procedures which are presently deficient. These procedures may eventually be found to be contributory to the accident, but they were the rules in place at the time of the accident, and they were followed to the letter on August 8. The task force exposed those deficient procedures.

"The altitude piece of these recommendations simply means that in the exclusion zone, transient aircraft must stay above 1,000 feet, leaving the lower stratum to the local aircraft (99.9% helicopters) that must climb and descend to the heliports or seaplane bases.

"I am satisfied that the FAA invited NATCA to participate, and considered our input at every level, inviting us to go beyond just the scope of reviewing the accident and letting us expand that scope into a comprehensive review of the local airspace and procedures. This task force was a model of how well the agency can move forward when it values the expert opinions of its employees. Next, we will be volunteering our services to work to implement the new procedures."

Jim Swanson's reversion to the Ed Masterson era

All,

Our Air Traffic Manager Jim Swanson has chosen to revert to the Mastersonian way of doing business at Newark Tower. I am saddened to see that all of the progress that we have been making toward restoring a healthy labor-management relationship has been destroyed by this recent move. Let me explain..

As you probably know, your friendly FLM Clifton Rushing has a nasty habit of harassing controllers while they are working on position. He also has a penchant for misstating when describing his and other controllers’ actions. On two occasions in the past year-and-a-half, Cliff has chosen me as the target of his malicious expression of supervisory authority.

On February 2, 2008, CR decided to scold me while I was working Local Control for answering pilots’ questions about the ever-confusing dispersal headings. Cliff didn’t like the fact that I was correctly performing my duties by ensuring that the pilots flew their aircraft in the right direction, so he decided to walk up on me and yell in my ear. He was so close to me that I could smell his breath. He was distracting me so much that I couldn’t hear the pilots calling for further clarification of the unclear procedure. Cliff even ordered me to stop answering questions. OK, that’s a great idea…let’s let the pilots figure it out for themselves. Anyway, he charged me with not following his orders and using foul language. Well, we all know that controllers NEVER use foul language (LOL). I was given a reprimand for Cliff’s little piece of “culture change” he decided to instill that day. Masterson backed him all the way and even had FAA Human Resources write the reprimand letter so Cliff could sign it.

On May 30, 2008, Cliff decided to target me once again. In typical CR style, he chose to verbally assault me on position while I was working a slammin’ final lovingly thrown at me by the TRACON. VAP’s, overtakes, SWAP and stops, the usual summer BS during the busiest hour of the day. Cliff supposedly obtained a release on a ORD who was stuck in a ground stop. According to witness statement (you know, those things that management likes to ignore) Cliff told the Cab Coordinator who told the Ground Controller to taxi the aircraft out of the Ballpark. The CC wrote in her statement that SHE DID NOT TELL ME ABOUT THE AIRCRAFT BECAUSE I WAS TOO BUSY. Also, there was no indication on the strip of any release time or other notation about an immediate release. So the GC taxis the aircraft onto Zulu behind a Lear 35 who was #2 to go. The CC mistakenly puts the strip for the ORD below the LR35 in the bay. As I’m doing my scan (my job you know) I recognize that the strips are out of sequence and tell the CC. She adjusts the strips, still not telling me about any specific release time for this ORD. I depart the A/C in the correct sequence and BANG – here comes Cliff..I get yelled at AGAIN while working Local for supposedly not following orders and then harassed and virtually assaulted by CR while in the quiet room. I eventually get thrown out of the building. Hence the start of my long, paid vacation away from EWR.

Moving along, I was then subjected to a FAA Security investigation for trying to protect myself from the abuse (the report subsequently vindicated me but FAA wouldn’t release it until I threatened a lawsuit). Now, 15 months later Jim decides to suspend me for the big 3-0 days. Oh well, I guess you have to protect your weakest link in the supervisory chain and this is the way to do it. I’m not worried because I’m looking forward to my arbitration when we get to cross examine Masterson, Swanson and Rushing under oath. I wish I could videotape it and post it on the web……….we’ll see……..

Jim’s actions won’t dampen my spirit or resolve to hold ALL managers accountable for their violations of contract and law. I will be vindicated of these bogus charges and the true problem will be identified and shown to the right people.

I’ve attached a quick letter that just went to the FAA Administrator from Senators Lautenberg and Menendez. This is just the tip of the spear. Take a look at the PDF.

According to Swanson, I will be returning to work after my bullshit suspension. So who wants to train me?? It’s been over a year since I talked to a plane. I’m looking forward to having a real job again! But I can say that by keeping me out of the building for this long and treating me poorly, FAA has only made NATCA EWR a stronger entity. Can’t wait for that new contract to be ratified!

So that’s where we stand right now. I’m working on an update about the current issues that affect all of us. I know that the schedule is a BIG issue. As EK’s email said, we are gearing up for negotiations but we need some good ideas. Please rack your brains and come up with something that could revolutionize the way our schedules work going forward.

Fraternally,

RY

Labor Day - Phil Barbarello

 

To my Brothers and Sisters,

It was three years ago on Labor Day that management imposed their arcane work and pay rules in an ill-fated attempt to break our spirit and our Union. Since then we have worked together to restore fairness and dignity back to our profession.  We have been unwavering in our collective pursuit of justice and in doing so we have strengthened our Union.  We will soon reap the rewards of our efforts as we reclaim working rules that are just and a pay system that values our contributions.
 
We have stood up to the constant attacks by our employer using our influence and integrity to protect our members and advance our objectives. By any benchmark one would measure we set the standard.  Our membership is second to none nearing 100%.  Our political activism and our activists are among the finest in organized labor.  
 
On this Labor Day we turn the corner on a dismal three years of management oppression but our work is not done.  We need to vigorously enforce the provisions of our new collective bargaining agreement.  It will be incumbent upon us to quash the hostile management culture that was born of the imposed work rules and re-establish our position as the agency's premier labor force. These next few years will not be a time to rest on our laurels but rather a time solidify the foundation that our new collective bargaining agreement will establish.  
 
We have a deep-rooted tradition of being hard working, no-nonsense unionists. It is these character traits that have kept our employer from destroying us.  For my part, it is an honor to lead the Eastern Region and I am grateful that you have the confidence in me to continue to represent you.  I thank you for your support, your activism and your passion.
 
 
Please take the time to enjoy this special Labor Day,
 
 
In Solidarity,
Phil Barbarello
 

A Labor Day message from Paul Rinaldi

Subject: A Labor Day message from Paul Rinaldi

A Labor Day message from Paul Rinaldi

"The labor movement was the principal force that transformed misery and despair into hope and progress. Out of its bold struggles, economic and social reform gave birth to unemployment insurance, old-age pensions, government relief for the destitute and, above all, new wage levels that meant not mere survival but a tolerable life. The captains of industry did not lead this transformation; they resisted it until they were overcome. When in the thirties the wave of union organization crested over the nation, it carried to secure shores not only itself but the whole society." - Martin Luther King Jr. (Speech to the state convention of the Illinois AFL-CIO, Oct. 7, 1965)

 

On this Labor Day weekend 2009, I'd like to reflect on the significance of Labor Day and how it pertains to our Union.  As the great Dr. King made mention in his speech to the AFL-CIO nearly 50 years ago, throughout the history of this country organized labor has fought for everything from safe working conditions to better benefits and wages.  Union brothers and sisters have literally given their lives for the belief that workers should be treated fairly and respected by their employer.  Union efforts garnered employees such things as eight hour days, weekends, overtime, paid breaks, paid vacation, childcare and seniority. 

 

I don't need to remind any of you that the FAA imposed their dictatorial work and pay rules on Labor Day of 2006.  Much as the "captains of industry" Dr. King spoke of, the FAA resisted a fair contract. To be sure, an inflammatory and intentional act designed to taunt organized labor and, in particular, to belittle our Union's efforts to reach a fairly negotiated and ratified agreement with an agency that never had any intention of engaging in good faith bargaining.

 

Over the past three years, I have spoken to thousands of our members about the importance of remaining united and not allowing the FAA union busting tactics to divide, split or fracture us.  I am proud to say that we have remained unified and stood up to the FAA and we have come away stronger in many ways as a result of their archaic and draconian methods and actions.  We withstood their best effort to break us while all the forces were aligned in their favor.  We have overcome these self-proclaimed captains of industry, just as our sisters and brothers before us have done throughout the history of labor itself.

 

As we approach a time when we will once again have a ratified agreement it is clear that we will have our work cut out for us as we attempt to ensure the Agency's proper implementation and application of that agreement.

 

As your President, I vow to you that I will spend every single day of my term ensuring that your rights are protected, the process is adhered to and enforcing all collective bargaining agreements that are negotiated in good faith.  That is the very core of what I will bring to this very important office. 

 

Over the course of this long weekend, I know most of you will be working on the front lines, away from your families keeping the skies safe. I hope that each of you can find the time to reflect on the value of what you do and be proud.  Be proud of your profession and be proud of your Union.  NATCA is a proud member in good standing in the House of Labor and I am proud to have served as your Executive Vice President during one of the most difficult periods in our organization's history.  Together we stood tall and proud in the face of tremendous adversity; thank you.   I hope you will honor me by electing me as your next President. 

 

I wish each of you and your families a safe and enjoyable Labor Day weekend.  I thank each and every one of you for the enormous amount of effort that you contribute each day to our Nation and our Union.  Remember your families and our other NATCA sisters and brothers that serve our country and that will be away from their families over the Holiday weekend keeping our Nation and skies safe. 

In Solidarity,
Paul Rinaldi