Email to Jim Swanson: Letter regarding non-compliance with information requests

Jim,

I have attached a letter dated 7-17-09 regarding your non-compliance with the Union’s information requests both dated July 6, 2009. Please comply as required by law. Additionally, the two original requests are also attached.

Text of the attached letter:

July 17, 2009

Jim Swanson

Air Traffic Manager

Newark Air Traffic Control Tower Bldg. 118

Newark, NJ 07114

Via Fax 973-824-4603 email: jim.swanson@faa.gov and regular mail

Mr. Swanson,

As of this date, you have not responded to my two information requests dated July 6, 2009 with end-in-sight dates of July 16, 2009. Under Tucson AZ and National Border Patrol Council, Local 2544, 39 FLRA 650-(1991), Boston Region, a ten day time limit on requests was held valid.

Under 5 USC 7114(b)(4), you are required to respond to my information requests. Both requests were made lawfully, and the material is readily available to you and maintained by the Agency. The union is entitled to the information in a timely manner.

Further delay in providing this information to me will result in the filing of Unfair Labor Practice charges against the Agency. As you may or may not know, the FLRA is now moving forward with prosecuting cases against agencies and officials who do not comply with the law. I do not need to show malicious intent to prevail under FLRA statutes.

As I indicated in my requests, the information will be used to determine if a grievance and/or other legal remedy is required to protect the rights of the bargaining unit employees and/or the union. Please be advised that NATCA reserves the right to grieve or be provided with further relief in this matter upon review of this material.

To refresh your recollection, I have included the two formal letters requesting the information.

Since you will not allow me access to the NATCA office or facility, please send the information to Ray Adams, 297-2 Spring Street, Red Bank NJ 07701.

Please respond in good faith as to avoid further legal action,

Raymond Adams

President NATCA EWR

Received by:_______________________________ Date: ___________________

Raymond Adams

National Air Traffic Controllers Association

President Newark Airport