Hi everyone,

Well, my first day on the job was an interesting one. I came to work yesterday as directed by NATCA National and I was once again rejected at the gate. In fact, your manager Jim Swanson had the entire crack security guard force waiting for me. They're not exactly the Navy SEALS, but their presence was felt none the less. I simply came up to deliver a letter to Jim, but he tried to force me to give it to the security guard. When I rejected that offer, Jim finally came out to the gate to accept it. He made me wait 20 minutes for him to come out and he wouldn’t sign for receipt of the letter, but he got it and I took a picture of him walking away with it in his hand (sometimes you just have to use all of the tools at your discretion!). No denying you got it Jim….

Anyway, form a purely business perspective, I have restricted the representation of the membership to myself solely. This means, for now there are no more crew reps and nobody in the facility is authorized to act on behalf of NATCA. Only Lou Caggiano is authorized to remain as the subject matter expert on the ASDE-X implementation. He is not authorized to sign off on the final acceptance or do any bargaining. I know this seems extreme, but I have been advised by NATCA National that this is the only way to respond to the continuing actions by management to deny all of you effective representation.

Jim is required to meet and bargain with NATCA’s exclusive representative (me) on any and all changes to procedures or other working conditions that impact the membership. If Jim chooses to ignore this fact, there will be legal repercussions. Right now, the enforcement of our rights under law is still limited by the lack of a General Counsel at the Fair Labor Relations Authority, but this is changing as President Obama has nominated a GC and is awaiting confirmation by the Senate. Obama’s appointees to the Authority are very labor-friendly and once the GC is confirmed, our rights can be enforced. Also, as you know our new contract should be completed within a few months. Once it is ratified, we will once again have an enforceable set of rules to live by. And for the record, I will enforce them will all of the tools that will be available. It’s not that I don’t want to work collaboratively with Jim or whoever else takes his place (and someone eventually will), but based on Jim’s recent actions and demeanor, I don’t believe he is motivated to do so. But I digress and maybe I shouldn’t let one day’s events drive my perceptions and expectations of the future, but it may be prudent to adhere to the motto “Hope for peace, but prepare for war.”. I truly hope for labor peace in the coming months and years as continuous fighting does not benefit the operation nor our basic happiness in the facility. I believe it’s management’s turn to make a good faith effort in that direction. Ball’s in your court Jim!

As for the current environment and how it affects you, a few points of advice and direction:

1) Do not engage in any formal discussion with management (including supes) without representation (that would be me for now).
A formal discussion under 5 USC 7114(a)(2)(A) is as follows
- A discussion between you and any management official regarding a grievance, personnel policy or practice or any general condition of employment.
- In other words, anything except performance. Even performance can be considered a formal discussion if there is potential for future disciplinary action against you.
- If you are engaged by management for a conversation, ask the following questions
a.)What is the meeting about?
b.)May the content of this meeting possibly lead to disciplinary action against me?
If yes then ask…….
c.)Is this an administrative or a criminal investigation?
- Basically, if it’s not a simple explanation of an R&I item or procedure or an on-the-spot performance correction, ask for a rep!
Asking for a rep is simple. Just say “I’m requesting union representation by Ray Adams” and document it!
If you are denied representation, you must still comply. DO NOT REFUSE! Never state you are waiving your right to representation.
- If you are required to meet with management, always bring a pen and paper and document everything said to you and your responses.
- Call me immediately on my cell phone 201-362-9305. Put me in your contacts list.
- Technically, it’s not your right to deny the union representation in a formal meeting when there is a possible impact to the rest of the bargaining unit. Please don’t make it more difficult for NATCA to represent the membership. We’re all on the same team here!

2) Eddie Kragh’s advice about dealing with Clifton Rushing still stands. Do not meet with Clifton Rushing without a rep or at least a witness who can verify his words and actions. Do not go behind closed doors with Mr. Rushing without a witness. These are not my policies, these are holdovers from EK’s tenure, but I wholly concur.
3) Do not become argumentative or refuse an order. Let me deal with any violations of law or contract made by management. Personally, you do not have any protection against management reprisals. Technically union officers are protected (but it hasn’t held up well lately).

On another note, AOV (Office of Aviation Oversight) has been in the building pulling tapes and radar data. I was notified yesterday by Ed Kragh that 6 operational errors were discovered by AOV investigators. Supposedly all of the OE’s were wake turbulence related. As of last night, none of the OE’s have been attributed to controllers and they may not even be OE’s at all. More to come when I have more info. I realize there is tremendous anxiety among the membership over these AOV audits. Unfortunately we must deal with these actions for now. Keep your operation clean!

Lessons learned – DON’T VIOLATE WAKE TURBULENCE RULES. If you are handed a situation where you cannot feasibly maintain separation, say “go around”. Do not break the rules! AOV is watching…..It’s not your job to jeopardize safety in order to squeeze another arrival into the airport. Arrival rates are set based upon existing separation standards and fleet mix. Please don’t put yourself in an indefensible position.

The first union meeting of the new administration is coming up shortly. Brian, Lou, Bruce and I need to have a pow-wow to set the agenda and direction for the next two years and also delegate duties. I have some ideas about other volunteer union positions such as safety and public relations. Also, I work closely with other unions like the Teamsters who do charity work. There may be some opportunity to raise our public profile by doing some good deeds. There’s a twofold benefit in that. I expect to hold a full blown union meeting in about two weeks with the location TBD. Please ready your praise, comments and gripes and present them at the meeting. I want to determine the top five issues for the membership that if corrected will have the most positive impact on our work lives. Please help me with this task. If we don’t know what we want, how can we ask for it?

Dispersal headings – please document ANY wrong turns or confusion while using the Liberty One Departure and send them to me. This is still a hot button issue. Please give me the date, time, call sign and what happened.

My phone is always on, my email goes right to my iPhone. Use it! You all are my eyes and ears in the building until I am restored to my rightful place as a controller at EWR. If you see something amiss, let me know. If you observe a supe doing something really stupid, call me (OK not every time, I’d never get off the phone then). If you observe any safety hazard or violation, definitely let me know. Remember, we as a group hold great power over our environment. Complacency is not going to effect any positive change at Newark. Be active and stay active in the daily affairs of the tower.

Cell Phone (201) 362-9305
Email: rayadams@yahoo.com

I again thank you for the opportunity to represent you.

Fraternally,

Ray