Monday, July 6, 2009

Request of Information regarding assignment of overtime

Recently, I've heard allegations of management incorrectly assigning overtime to controllers or blatantly skipping certain controllers for unknown reasons. I've also been told that certain supervisors assign overtime to themselves or their buddies in violation of the overtime policy.

Well, let's just take a look into this a little further. Maybe we'll find nothing....or....maybe......

Under the law, specifically 5 United States Code 7114(b)(4) the Union (NATCA) is entitled to information held by the employer (FAA) that allows the Union to investigate breaches of contract and law. There are a few caveats, but that's for another time.

Here's the letter that went over to Jim Swanson today:

July 6, 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

Dear Mr. Swanson,

The following information is requested and required for NATCA Newark Local to properly represent the bargaining unit. This information is necessary to evaluate the actions and/or inaction’s of the Agency in complying with law, rule, regulation, and contractual requirement.

As facility representative, I have received allegations of the Agency’s non-compliance with the contract (white book) and the facility overtime list in the allocation of overtime to bargaining unit members. Specifically, allegations of favoritism, skipping people on the list and violations of seniority policy have been noted. The range of documentation is necessary to make current and year-over-year comparisons of overtime assignments and identification of specific individuals who are routinely affected.

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.

The following information is requested in unsanitized form.

Documents Requested

1. Newark Tower Daily sign in logs and/or Cru-Art records pertaining to employees for the period of June 1, 2008 through July 5, 2009
2. Records pertaining to all overtime assigned, accepted and/or denied during the same period above.
3. Newark Tower Position Logs for the same period.
4. Newark Tower Daily Facility Operation Log for the same period.
5. A current copy of the facility seniority list and overtime list.
6. All written or electronic guidance regarding the use and/or application of overtime.

We expect this information to be received no later than July 16, 2009. All of this material is regularly maintained, and readily available at the facility.

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.

Sincerely,



Raymond Adams

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