Woodley & McGillivary's June 30 Letter

On June 30, 2009, the 7,000 NATCA members who are plaintiffs in the FLSA lawsuit were sent a letter from Woodley & McGillivary – the law firm representing the NATCA plaintiffs – informing them of the proposed resolution of Count III of the lawsuit.

The National Office has been receiving numerous calls due to confusion over the fact that a consent/retainer form was attached to the June 30 letter. Please be aware that the consent/retainer form attached to Woodley & McGillivary's June 30 letter does NOT need to be returned by plaintiffs who are already in the lawsuit. The form was intended to be provided to any fellow NATCA member who has not yet joined the lawsuit. Any NATCA member who received the June 30 letter is ALREADY in the suit and can completely disregard the consent/retainer form that was attached to the letter.

The letter itself recommends that Count III – the pre-shift and post-shift claim (and this claim only) - be resolved by a settlement in which the FAA agrees to inform its supervisors and managers of the importance of compensating its employees for any pre-shift and post-shift work, but otherwise not pursing the claim. After extensive investigation of this claim, Woodley & McGillivary believes that continuing to pursue this claim would result in little or no damages and delay the case for at least an additional year or two and potentially for several more years. Notwithstanding the proposed settlement of Count III, Woodley & McGillivary anticipates that all discovery on the other claims can be finalized by as early as the end of the year.

Please contact NATCA Associate General Counsel Ryan Smith (rsmith@natcadc.org) if you have any additional questions about the status of the FLSA case

Marguerite L. Graf

General Counsel

National Air Traffic Controllers Association, AFL-CIO

(202) 220-9828 phone

(202) 628-5767 fax