Clifton Rushing's last day at Newark Tower

We had a positive development at Newark Air Traffic Control Tower this month. December 14th, 2010 was Front Line Manager - Clifton Rushing's last day of work at EWR. For those of you who don't know the backstory, I'll give a very short explanation.

On February 2, 2008 Clifton Rushing verbally attacked me while I was controlling aircraft at Newark. Yes, that's right - WHILE I WAS WORKING LIVE TRAFFIC. Yes, there are people on those airplanes. Maybe even you, your friends or your family. His actions were disruptive to the operation and could have caused an accident.

What was FLM Rushing so bent about?? He didn't like the fact that the pilots were confused by a new procedure and they had the gall to ask me some questions. And the worst part of it all......I actually answered them!! Oh.my.God! I was doing my job --- too well.

So the marbles in FLM Rushing's head bounced around a bit and he chose to confront me while I was working airplanes. Do you know what was his solution to the pilots' questions and the dangerously confusing procedure? HE TOLD ME NOT TO ANSWER THE PILOTS!!!!!!!!!!!!!

What a dipsh*t...Are you F'n serious....DON'T ANSWER THEM???????

And this jackass is a SUPERVISOR in the Federal Aviation Administration. The agency tasked with protecting your life when flying!!!

Anyway, this idiot gives me a reprimand for answering questions of the pilots who don't know what the hell they're supposed to do when they takeoff from Newark Airport because of some F'd up procedure put together by a bunch of sycophant washed-out controller wannabes sitting in cubicles somewhere.

A year later, a federal administrative judge at the Merit Systems Protection Board rules that the reprimand was in VIOLATION OF THE - WHISTLEBLOWER PROTECTION ACT. The judge ruled that FLM Rushing was complicit in a reprisal action against the appellant (me). Clifton's actions constituted a Prohibited Personnel Practice.

FAA's own regulations state that anyone committing a PPP is subject to 30-day suspension to removal from service for a first offense and a second offense is simply removal. Well, this was the first of two PPP's that FLM Rushing committed in a period of 5 months and against the same appellant (me).

Yet, he is still gainfully employed by the FAA and getting paid over $150,000 a year plus benefits and bonuses. This guy, who would rather see a pilot run his plane into a building than answer his question, is collecting a nice, fat paycheck on the taxpayer's dime. If you want to cut the federal budget - start here!

It took almost 2 years to get to the point of this blog post, but after much complaining on my part to the highest levels of FAA administration, FLM Rushing was finally transferred out of Newark Tower. At least I don't have to look at his ugly face anymore. I did everything possible not to work with him in the control tower. It cost me money and leave time to stay away from him. I'm still waiting to get that back.

I'm sure the FAA transferred him with a paid move of $27,000 cash and probably gave him a promotion to go along with it. All these great perks for a guy who is a hazard to any airport he works at. If anyone finds him, please drop me a line. I need to warn the flying public about this guy.

OK FAA - IT'S TIME TO MAN UP AND FIRE THIS GUY. YOU HAVE THE AUTHORITY AND THE RULINGS. IF I WOULD HAVE DONE THIS, I'D BE WORKING AT 7-11 MAKING MINIMUM WAGE.

FIRE CLIFTON RUSHING. YOU KNOW YOU HAVE TO.

Love Ray.....................................

Here's where Ed Masterson is now. He got a promotion for VIOLATING FEDERAL LAW

Ed Masterson (HE MAKES OVER $180,000 plus benefits and bonuses)

Functional Job Title: Manager, System Efficiency (HE KNOWS NOTHING ABOUT REAL AIR TRAFFIC CONTROL)
Service Unit: System Operations
Directorate:
Division: System Operations ATCSCC Office

Office Phone: 703-904-4421 (PLEASE CALL HIM - LET HIM KNOW HE SHOULD BE FIRED)
Fax:

Physical Address: Mail Address: (SEND HIM A LETTER - ASK HIM WHY HE VIOLATED FEDERAL LAW)

ATCSCC ATCSCC
13600 EDS Dr. 13600 EDS Dr.
Herndon, VA 20171 Herndon, VA 20171
Room Number: AT Room Number:
Desk Location: Mail Stop:


OK FAA - IT'S TIME TO FIRE ED MASTERSON for VIOLATING FEDERAL LAW - the Whistleblower Protection Act. Your own regulations say you must FIRE ED MASTERSON.

November 27, 2009 CNN - Newark runway risks concern feds

Ed Masterson denied there were problems with these procedures. On January 22nd, 2009 a federal administrative judge determined that Ed Masterson VIOLATED FEDERAL LAW - The Whistleblower Protection Act by retaliating against Ray Adams (me) for his disclosure of unsafe air traffic procedures at Newark Airport. This CNN story details just one of those problematic procedures. For his VIOLATION OF FEDERAL LAW - The Whistleblower Protection Act, Ed Masterson received a PROMOTION from the FAA. Let's go FAA, get with the program and remove Ed Masterson from the Federal Aviation Administration as is your authority under the law. Your own regulations indicate you should fire him. What's the holdup???

Newark runway risks concern feds:

(CNN) -- Federal investigators are concerned a potential danger persists because of the simultaneous use of intersecting runways at Newark Liberty International Airport, one of the nation's busiest and a gateway to the New York metro area.

The alert comes after repeated instances in which planes above the Newark airport flew too close to each other in violation of safety standards. There were four such instances last year and at least four this year, according to the U.S. Department of Transportation inspector general.

In one case, on January 16, 2008, two Continental planes -- a Boeing B-737 and an Embraer 145 -- missed each other by 600 feet, according to a DOT inspector general's report.

"That was very scary. I was there for that one personally in the control tower, and it scared the heck out of everybody up there," said Ray Adams, a Newark air traffic controller.

Potential danger arises when approaching planes need to abort their landings, which happens about every 700 flights at Newark, according to a Federal Aviation Administration analysis.

In what the FAA calls "go-arounds," the diverted plane approaching Newark has to make a sharp right turn through the flight path of planes landing and taking off from an intersecting runway, allowing little margin for error.

"There was a distinct possibility that we could have had a collision with these operations," Adams said.

READ THE REST OF THE STORY:

http://www.cnn.com/2009/TRAVEL/11/27/nj.runway.danger/index.html

An explanation of why FAA should remove Ed Masterson from service with the Federal Aviation Administration

On December 22, 2009 Merit Systems Protection Board Administrative Judge JoAnn M. Ruggiero ruled that Mr. Raymond Adams, an air traffic controller at Newark Airport, was illegally issued a reprimand by the Agency on February 22, 2008. The Judge determined that the discipline imposed on Mr. Adams was motivated by his disclosure of unsafe air traffic procedures at Newark Liberty Airport. This reprisal for whistle blowing activity is prohibited by 5 C.F.R. 2302(b)(8) and is considered a “Prohibited Personnel Practice”. The reprimand was ordered cancelled as of its effective date and per MSPB regulation 5 C.F.R. 7701(e)(1), the Judge’s initial decision became final on January 26, 2010 and is not subject to further appeal.

Judge Ruggiero’s reasoning of her decision clearly implicates Air Traffic Manager, Mr. Edward Masterson as the primary actor in the commission of the Prohibited Personnel Practice. In the Judge’s decision, she stated, inter alia, that Mr. Edward Masterson was aware of the appellant’s disclosures to Congress and the media stories regarding the unsafe procedures, and that he attended the February 2008 meeting in Representative Chris Smith’s office where the procedures were discussed. She also stated that Mr. Adams’ disclosures were “a thorn in Mr. Masterson’s side” and Mr. Masterson gave “advice” to Mr. Rushing, the appellant’s immediate supervisor that Mr. Adams would have to be “dealt with”.

Due to his extensive experience in FAA facility management, it is reasonable to believe that Mr. Masterson was well aware of the law and FAA regulation prohibiting reprisals against employees for protected disclosures. Mr. Masterson was previously the Assistant Air Traffic Manager at Philadelphia Air Traffic Control Tower and held regional management positions in FAA. It appears Mr. Masterson committed this illegal action willfully and even when put on notice that his actions constituted retaliation, he refused to reconsider.

5 C.F.R. 1221(f) dictates the action MSPB will take upon the initial decision becoming final. The relevant portion of the Statute reads:

5 CFR 1221(f)

(1) A final order or decision shall be rendered by the Board as soon as practicable after the commencement of any proceeding under this section.

(2) A decision to terminate an investigation under subchapter II may not be considered in any action or other proceeding under this section.

(3) If, based on evidence presented to it under this section, the Merit Systems Protection Board determines that there is reason to believe that a current employee may have committed a prohibited personnel practice, the Board shall refer the matter to the Special Counsel to investigate and take appropriate action under section1215. (Emphasis added)

Section 1215 dictates the procedures for the Special Counsel to follow to initiate a disciplinary action against an employee. Specifically Section 1215(a)(3) indicates the penalties that may be imposed. These penalties include removal, debarment from service for up to five (5) years, suspension, reprimand and assessment of a civil penalty not to exceed $1100.00.

According to its website www.osc.gov, “The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. Our basic authorities come from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment & Reemployment Rights Act (USERRA).” It also states “OSC’s primary mission is to safeguard the merit system by protecting federal employee`s and applicants from prohibited personnel practices, especially reprisal for whistleblowing.” (Emphasis added)

Although the OSC has the primary responsibility for initiating disciplinary action against employees committing Prohibited Personnel Practices, the OSC may authorize the Agency to discipline the offending employee itself.

According to the FAA’s Human Resources Operating Instructions (effective July 1, 2008), Table of Penalties #40, the penalty for a first offense of committing a Prohibited Personnel Practice listed in the Personnel Management System (PMS), Introduction, Paragraph VII is a 30-day suspension to removal. In #41 of the same table, the penalty for retaliation against an alleged whistleblower is to be determined by the Office of Special Counsel. The act of retaliation against a whistleblower is a Prohibited Personnel Practice (5 CFR 2302(b)(8)).

Since the Agency (i.e. FAA) may be authorized to discipline the offending employee for the Prohibited Personnel Practice, it should immediately contact the OSC and initiate action to remove Mr. Edward Masterson from his service with the Agency. Mr. Masterson’s actions placed many thousands of lives in jeopardy and embarrassed the Agency on multiple occasions in the eyes of the Congress and the Public. He also removed Mr. Adams from the air traffic facility for over a year on administrative leave, costing the Agency over $150,000. Mr. Adams’ victory in front of the MSPB will also cost the Agency tens of thousands of dollars in attorney’s fees. Mr. Masterson should further have all bonuses and promotions gained since 2008 revoked and subsequently repaid to the Agency.

In addition to Mr. Masterson’s involvement, the Front Line Manager, Clifton Rushing was complicit in the commission of the Prohibited Personnel Practice. Mr. Rushing was the instigator of the conflicts leading up to the PPP and his actions disrupted the air traffic operation at Newark Airport on two separate occasions endangering the passengers and causing traumatic injury to Mr. Adams. Mr. Adams’ injury was confirmed by a medical professional and upheld by the Department of Labor, even over the objections of Mr. Masterson. Mr. Rushing’s actions cost the Agency tens of thousands of dollars and a great loss of productivity. The Agency has the authority to discipline Mr. Rushing for his actions. Mr. Rushing should be demoted from his position of Front Line Manager back to an Air Traffic Control Specialist and he should be reassigned to another facility. He should also have his pay reduced to its pre-promotion level. Mr. Rushing’s presence at Newark Tower continues to be an unwarranted source of tension for Mr. Adams.

In the FAA’s own Manager’s Guide to Discipline, under the heading “Provide Positive Leadership and Serve as a Role Model” it is stated that managers are held to a higher standard of behavior than the employees they supervise. It clearly reads, “Simply stated, with all things being equal, a manager would receive a greater “penalty” for his/her failure to comply with a workplace rule than a subordinate would.” For their unprofessional and illegal conduct, both of these managers should receive penalties on the high end of the suggested range.

Dec. 22, 2009 - MSPB rules Ed Masterson retaliated against me and committed a Prohibited Personnel Practice

How the time flies. A little over a year ago, Ed Masterson the ex-manager at Newark Tower was convicted of committing Whistleblower retaliation under the Whistleblower Protection Act. He was the primary actor in reprimanding me for protecting the safety of aircraft at Newark Airport.

Here's the catch - Ed Masterson received a promotion for his conviction. YES, that's right - for committing a VIOLATION of FEDERAL LAW - he got PROMOTED!!!

I'll say it again - the Merit Systems Protection Board determined that Ed Masterson - the Newark Air Traffic Manager - VIOLATED FEDERAL LAW. This isn't me talking here, it's Judge Joann Ruggiero of the MSPB in her ruling dated December 22, 2009. This VIOLATION of FEDERAL LAW - the Whistleblower Protection Act has not been punished by FAA. It was condoned and the violator - Ed Masterson- was given a promotion.

Come on FAA - it's time to fire this guy and make a public statement about it. You guys made tons of public statements about how bad a guy I was when you were trying to fire me for protecting the safety of the passengers at Newark Airport.

It's time to FIRE ED MASTERSON!!!

Inspector General Slams Air Safety Inspections - www.fairwarning.org

From – FairWarning.org

By Patrick Corcoran on December 28, 2010

Amid one of the busiest U.S. travel periods of the year, a new report suggests that the Federal Aviation Administration may be asleep at the controls.

The report from the inspector general of the U.S. Department of Transportation slams the FAA for insufficient safety oversight of airlines operating in American skies, saying that the slowness of its inspection system has allowed hundreds of planes to fly without receiving the proper maintenance checks.

READ THE FULL ARTICLE AT:

http://www.fairwarning.org/2010/12/inspector-general-slams-air-safety-inspections/

April 28, 1995 - Jet Lost Engine and Air-Controller Contact

I found this online today. I was the air traffic controller in Bermuda who finally radar-identified the disabled aircraft and gave precision vectors to the field to get it down safely. The United Airlines representative is full of crap. That pilot was scared and requested the helicopters. I was told by my counterparts in New York ARTCC who worked him prior to the loss of communications that the pilot gave them his wife’s phone number to call to tell her he loves her before he died.

That plane was very close to plunging into the ocean. I’ll never forget the callsign – United 987. It was flying southbound through NYARTCC’s Caribbean area when one engine failed and the other was not doing well. These planes are rated to fly on one engine for a good period of time but in this case, the pilots didn’t believe the other engine would hold up. It was a tense situation. Then the aircraft lost it’s navigation system about 40 miles or so outside of Bermuda and I had to provide a surveillance approach to get them on the ground. Good thing I was a trained approach controller and not just rated for VFR tower.

The NYARTCC controllers released the transcripts to the New York Times because United Airlines kept denying that anything happened. The airline tried to cover up the whole thing. Can’t trust ‘em.

Ray

April 28, 1995

Jet Lost Engine and Air-Controller Contact

By MATTHEW L. WALD

Air traffic controllers lost radio contact with a United Airlines jetliner over the North Atlantic late Tuesday as the Boeing 767, having lost one of its two engines, headed on an emergency course for Bermuda and flew too low to communicate with the controllers' antiquated radios.

The controllers complain that had the plane been forced to ditch in the water, they would not have had a precise location to send rescuers, largely because of limitations of the controllers' radio system and the lack of radar coverage over water.

According to controllers in New York and a transcript paraphrasing radio transmissions that was produced by a private contractor that relays radio messages, the pilot of the flight from New York to Sao Paulo, Brazil, asked controllers to have emergency helicopters sent.

But, the controllers say, they were told by the airport in Bermuda that a rescue helicopter and a Navy P-3 Orion plane on the ground there could not be sent for hours. Instead, the Coast Guard diverted a cutter, a Navy ship and three merchant ships, and had a C-130 rescue airplane sent from Elizabeth City, N.C.

Controllers say they lost radio contact with the jet for stretches of 8 to 10 minutes or longer because their long-distance radios do not communicate well with aircraft flying at low altitudes. But the airline said the plane was in constant contact with United's own dispatchers in Chicago through a satellite link, technology that the Government has not installed for controllers.

United Airlines Flight 987, a nightly nonstop flight from Kennedy International Airport to Sao Paulo, had 111 people on board. It landed safely in Bermuda after the pilot dumped fuel to reduce its weight. According to the airline, many of the passengers slept until the flight attendants told them to buckle their seat belts for landing.

READ THE REST HERE:

http://select.nytimes.com/gst/abstract.html?res=F60617F93C5F0C7B8EDDAD0894DD494D81&scp=2&sq=united%20airlines%20987%20bermuda&st=cse

French Court: Continental Guilty in Concorde Crash

From FoxNews:

 

French Court: Continental Guilty in Concorde Crash

PONTOISE, France –  Continental Airlines Inc. and one of its mechanics were convicted in a French court of manslaughter Monday because debris from one of its planes caused the crash of an Air France Concorde jet that killed 113 people a decade ago.

The Houston-based airline was ordered to pay Air France $1.43 million for damaging its reputation, in addition to a fine of around $265,000. The victims of the crash were mostly German tourists.

Click link for full story…http://www.foxnews.com/world/2010/12/06/french-court-continental-guilty-concorde-crash-96617582/?test=latestnews

The Weather Channel's Top Ten Worst Weather Airports

The Weather Channel's Top Ten Worst Weather Airports:

1. Chicago (ORD) - The entire spectrum of rain, snow and thunderstorms can be found at the world's third busiest airport. More than one third of all flights are delayed. Arrivals approach from the east, making flying around adverse weather even more difficult.

2. Detroit (DTW) - A close second in weather statistics, DTWs annual days with measurable rain or snow is 137 days or every 2-3 days, which can conspire to snarl air travel.

3. New York City airports (EWR, JFK, LGA) - Approximately 27-32 percent of arrivals and departures are delayed from these big three airports. Wind, rain, fog, thunderstorms and snow can all trigger big delays and wreak havoc in the Northeast hubs.

4. Minneapolis-St. Paul (MSP) - Among the highest number of snow days and snowfall levels, MSP sees nearly 40 days of measurable snow falls a year. With such ominous snow statistics, delays are not as substantial and it is rare that a shut down occurs, making it an ideal location as an airport hub.

5. Boston (BOS) - The windiest airport among large U.S. airports, even a typical Northeast frontal passage can yield wind gusts of at least 30-40 mph. BOS also lands in the top five for average snow (41.8 inches) and days with measurable precipitation (126 days a year).

6. Philadelphia (PHL) - Apparently if the lowest cloud deck drops below 700 feet, it is guaranteed there will be delays. PHL sits in the middle of the pack in most of our weather criteria, averaging only 19 inches of snow a year and gets about 27 days a year of thunderstorms.

7. San Francisco (SFO) - Despite no snow and very rare thunderstorms at SFO, more flight delays are due to low clouds and fog than any major U.S. airport. Low clouds and fog can hug the Bay Area any time of year but interestingly, the spacing of the parallel runways is to blame too.

8. St. Louis (STL) - While the busiest airport around, STL is the most often impacted by weather. The Gateway to the West sees an average of 22 inches of snow each year and 7 days of measurable snow.

9. Atlanta (ATL) - Generally thunderstorms and rain, and occasional morning low clouds are the main weather factors that could cause significant delays at the world's busiest airport.

10. Anchorage (ANC) - Not only does Anchorage top the list of major U.S. airports in snowfall and snow days, but Aleutian volcanoes can also cause delays. When an eruption occurs, Anchorage can find itself downwind of the resultant ash plume, if winds aloft out of the southwest.

To view the full list check out the full list at Weather.com

 

 

FAA investigates lasers pointed at aircraft on final for runway 22 Left at EWR

FAA investigates reports of lasers pointed at planes at Newark airport
The Star-Ledger - NJ.com
AP Jennifer Brown/The Star-LedgerContinental Airlines planes sit at the terminal at Newark Liberty Airport, in this 2008 photo. ...

 

I was working the other night when some of these incidents happened.  Seem to be coming from around the Hasbrouck Heights area.