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May 25, 2008

NWP “Hot Sheet” Week of 5-12-08

NWP Reps/Members,

On Monday May 12, 2008, I drove down to SCT for a membership meeting.  Our Executive Vice President, Paul Rinaldi also flew in for the event at my request.  As the working conditions at SCT continue to deteriorate, it’s important for the SCT local to realize that they have the unwavering support of the Western Pacific Region and NATCA national.  Kelly Richardson from the NATCA National Office also joined us at the meeting.

SCT Facility Rep Mel Davis and I have been working with our counterparts in the FAA in an attempt to get them to realize the severity of the situation at SCT.  It’s become abundantly clear that FAA management will not change course at SCT unless directed to do so by their superiors in Washington, D.C.

Plan A hasn’t worked at SCT and management is unwilling to go to Plan B or perhaps doesn’t even have a plan B.  Almost a year ago, I was discussing the tremendous challenges facing the FAA at SCT.  They promised that they would have the right number of people at the right place and at the right time.  Well, close to one year later, almost 2/3 of the total SCT Certified Controller workforce is in some form of cross training (On the Job Training).  Whether it’s cross training to support the consolidation of the LA Departure and Arrival Areas, cross-training in the Burbank area due to the addition of an additional sector (from the LA Arrival area) or whether it’s cross training for the consolidation of the Springs and Desert radar sectors from the Palm Springs approach into the Empire area at SCT.

FAA management promised to have thirty five controllers picked up on PCS (Permanent Change of Station) bids for SCT along with a targeted bid for controllers from PSP to come to SCT.  To date, these efforts have produced only one transfer from PSP to SCT.  Many controllers submitted PCS bids only to be told that their release from their facility would be two years later.  After much work, we have also been able to expedite the pick up of two more transfers from ZKC and ZDV to come to SCT.

Meanwhile, SCT has over fifty new developmentals that need to be trained.  Facilities such as SCT have never been set up to handle new developmentals off the street.  I hate to say, “I told you so”, but I did tell the FAA that this would be an experiment destined to fail.

Apparently, SCT has decided to modify its training program since many of the new developmentals were/are struggling.  It’s very disheartening that FAA management has decided to keep the experts who train the new developmentals out of the process by not including NATCA in its plan to revise the SCT training program.  It’s rumored that SCT has copied the training plan for Los Angeles Center.  What the FAA needs to realize is that Enroute training, by design, takes 3-5 years and that’s 3-5 years that the FAA doesn’t have at SCT due to the ever increasing number of retirements.

FAA management at SCT cannot even tell these developmentals and CPCs-in-training, what, or how many sectors on which they need to certify in order to achieve their full certification.  This is directly related to all of the cross-training in several areas, as mentioned above.

Let’s hope that the FAA decides to change course at SCT sooner rather than later!

On Wednesday May 28, 2008, ATO Chief Operations Officer Hank Krakowski will be at SCT with Terminal VP Bruce Johnson, ATO VP of Safety Robert Tarter, and Western Terminal Director Kathryn Vernon.


Ham
NWP RVP


  • While at SCT, I had the opportunity to listen to several new developmentals and a CPC transfer from a nearby tower.  One of the main themes was that we need to do a better job of communicating with ALL of our new developmentals whether it’s through the “Meet and Greet” at the FAA Academy in OKC (it happens almost every month), NATCA academy website, local NATCA sponsors, regional and local listserves, etc.
  • While it may seem that our battle for fair working conditions and fair pay rules is being waged on behalf of the certified controller work force that is the farthest thing from reality.  The reality is that we are a Union who represents the interests of every one of our members.  If we were a Union who only represented the interests of the certified controller workforce then we would still be wearing jeans, still getting pay raises, etc. and we would have a “B” scale for all new developmentals.  I am proud of the fact that our leadership did not sell out our newest generation of controllers so that we could keep wearing jeans and continue to make the same amount of money prior to the Contract negotiations.  Make no mistake, the FAA was willing to give us everything at the Contract negotiating table had we sold out our new developmentals with a “B” scale which was thirty percent lower!!
  • If you are a new developmental and you have questions regarding anything, please contact your local facility rep, facility Labor Relations rep, NWP Labor relations lead or myself and we will be happy to answer your question(s).
  • On Tuesday May 13, 2008, I drove up to Burbank Tower and met with some of the hardworking controllers and new developmentals at the Tower prior to my flight to Seattle.  I also had an opportunity to meet with the BUR ATM and the Facility Rep Kevin Sherwood.  Burbank Tower has been the subject of many discussions that I have had with Western Terminal.  I am hopeful that the ATM will take steps locally to improve the working environment at BUR.  Kevin will continue to give me updates on the working environment at BUR and whether he is able to meet regularly with the ATM in order to discuss and resolve issues.
  • Wednesday morning, I attended the Facility Rep training in Seattle.  Both Pat Forrey and Paul Rinaldi attended the event and spoke to the near sixty members in attendance.

  • Is our Aviation system on the verge of collapsing from tremendous strain? Here are some recent press clips from some prominent news papers from around the country.  While the aviation system is under tremendous strain, one thing is for sure, Air Traffic Controllers will continue to do their best to keep the system up and running.

USA TODAY
“Passengers: Be sure to pack patience; Flight delays forecast for summer travelers”

If you plan on flying this summer, prepare for the worst, the nation's airlines said Tuesday.

Despite programs to curtail delays and a projected small decrease in overall airline flights, the industry is predicting another summer of late flights and congestion, particularly in the already overcrowded New York City region.

"We're going to face a challenging summer," said James May, president of the Air Transport Association (ATA), the trade group for large airlines.

WALL STREET JOURNAL
“Skies Darken for Airlines And Fliers Are Due for Hit”

As airlines suffer through record-high fuel prices, a weakening economy and efforts to scale back the number of aircraft they fly, passengers are likely to suffer along with them.

Despite a projected drop in demand for seats during the coming summer travel season, planes will remain as full as they were a year ago and travelers will pay more to board them, according to the Air Transport Association of America Inc. The U.S. airlines industry trade group said Tuesday it expects the number of passengers flying during the summer travel season to drop by about 1%, from 214 million passengers last year to fewer than 212 million this year.

Delays this year could cost U.S. airlines as much as $10 billion, the industry said.

WASHINGTON POST
“Summer's Flight Plan: Delays and Rising Fares”

Passengers are likely to face higher fares, packed planes and a continuation of headache-causing flight delays this summer, according to outside analysts and a trade group that represents major air carriers.

The trade group, the Air Transport Association, presented a bleak summer travel forecast yesterday. The group's president, Jim May, would not say whether he expected delays to be as bad as last summer but noted that the coming months "will be very challenging."

  • Mike Hull and I work with OAK Facility Rep Les Scott regarding controllers not being compensated for constantly driving back and forth between the two towers.
  • My good friend, Vince Polk (A80) has stepped down as the NATCA Safety Committee chair.  Vince was very instrumental in the success of Communicating for Safety and I would like to take this opportunity to thank him for his hard work and dedication.
  • Please notify myself and Mike Hull if this has affected any BUE at your facility.  Basically, we are looking for both situations; 1) if a BUE went to RTF (Radar Training in OKC) and received night differential, and 2) if they went to RTF and did not receive night differential.  Of course, both of these are contingent upon the fact that they worked at any time at RTF between 6 PM and 6 AM.
  • Wednesday May 14, 2008, I got an early call from the DVT Facility Rep advising me that there was a serious odor problem at Deer Valley Tower.  I immediately contacted Western Terminal.  The odor was detected on Tuesday May 13, 2008 and apparently nothing was done to correct it.  I am happy that Western Terminal acted quickly to correct this situation, but I am very disappointed that the FAA did not correct this problem when it first discovered the strong odor the previous day.
  • Meanwhile in Northern California, at Napa Tower, the air conditioner fails and the temperature in the tower quickly heats up to 92 degrees!!  The ATM went out and bought a new portable air conditioner which offered little help in the Tower.  It wasn’t until they brought in a second portable air conditioner that the problem was stabilized.  Dave Caldwell did a great job working with APC Facility Rep Debbie Young, Mike Hull and me to correct this situation.
  • I talked to Dave Caldwell about an upcoming accountability board investigation at SFO.
  • ZUA Facility Rep Steve Costa sent me a copy of his local update, thanks Steve.  As a reminder, I would love to get a copy of your local updates to your membership since it gives me a great opportunity to find out what’s happening at the fifty-six facilities that make up the Western Pacific region.
  • I talked with Garth Koleszar, ZLA Facility Rep/LR rep and Scott Conde, ZOA Facility Rep/LR rep regarding the problems they are having with Adjacent Center Metering (ACM) for LAX.
  • Recently there was a question by MRY Facility Rep Todd Bray regarding the IRS Postcard and whether he could fill out the IRS postcard online.  Here is the answer from our very own NWP Finance Lead Eric Hughes:

“Until the IRS database is corrected you will not be able to file the ePostcard (Form 990N).  One Local (in the Eastern Region) managed to get the IRS to correct its information, but it took 5 weeks and they started before we knew the problem was so extensive (59 NATCA Locals with IRS fiscal year issues).  Since the IRS has been inundated with thousands of requests to correct the information they have on file for exempt organizations, a backlog has occurred.

Don't worry about filing late.  The latest information I received said "It will take approximately 10 weeks for the IRS to update its records to allow you to file your e-Postcard. You should not be concerned if your organization’s filing due date is imminent as there are no late filing or delinquency penalties associated with the e-Postcard."

Since the National Office only recently sent the request for correction, I am guessing the IRS will have your Locals fiscal year corrected by the first part of August.  Once the information has been updated, someone in NATCA (probably through the RVP's) will advise you when to file the ePostcard (Form 990).”

  • Our Regional Legislative Lead Noel Kingston sends out a terrific reminder to all of us about the importance of “Voter Registration”.  Here is Noel’s message in its entirety:

“NATCA Brothers and Sisters,

Often in our quest for NATCA activism, we often overlook the simplest ways to get involved and make a difference. We have several NATCAvists involved in the "boots on the ground" program. They have access to voter registration information and have expressed surprise that many of our members are NOT registered to vote. It is imperative that we make our voice count this year in support of those people who have and will support NATCA and our profession. Many states have some sort of absentee or vote by mail and make casting your vote very easy!

Please disseminate this information far and wide. Dissemination at your facility is not a HATCH ACT violation. As a Fac Rep, you are simply helping your membership register to vote! Primary election dates are different in all states, but the General election for everyone is November 4, 2008. At my facility, I have even gone so far as to put absentee voting request cards in our facility mailboxes.

Here is specific registration information for your state.

CA voter information - you must register NOW as the primary is quickly approaching:

Online registration is not available but general information and a registration form can be found at
http://www.sos.ca.gov/elections/elections_vr.htm

The Primary is June 3 and your registration must be postmarked NO LATER than MAY 19, 2008 in order to participate. If you don't register in time for the Primary, your registration must be postmarked by October 20, 2008, in order to participate in the General Election.

AZ voter information -

Online registration is available at
https://servicearizona.com/webapp/evoter/

The Primary is September 2 and your registration must be postmarked no later than August 4, 2008 in order to participate. If you don't register in time for the Primary, your registration must be postmarked by October 6, 2008, in order to participate in the General Election.

NV voter information -

Online registration is not available but general information and a registration form can be found at
http://sos.state.nv.us/elections/voter/registration.asp

The Primary is August 12.  and your registration must be received by mail by July 12 or in person by July 22, 2008 in order to participate. If you don't register in time for the Primary, your registration must be received by mail by October 4 or in person by October 14, 2008, in order to participate in the General Election.

HI voter information -

Online registration is not available but general information and a registration form can be found at
http://hawaii.gov/elections/voters/registration.htm

The Primary is September 20 and your registration must be received by mail by August 21 in order to participate. If you don't register in time for the Primary, your registration must be received by mail by October 6 in order to participate in the General Election.

Please REGISTER TO VOTE!”

  • On Friday May 16, 2008, I got some currency at Los Angeles Center and delegated the time to NWP LR Lead Mike Hull.  Meanwhile, I got a nice note from my very good friend, Jim Hughes (retired SCT San Diego area controller), who was flying back from Washington, D.C. and happened to be listening to channel 9 on United while I was working his aircraft.
  • Troy Verville, LAS Facility Rep/NWP Constitution Lead gave us an update on the recent NATCA constitution committee meeting.
  • I exchanged emails with PHX Facility Rep Steve Palmer regarding a seniority question dealing with a member who had previously worked at a Contract Tower represented by NATCA.  Please remember that time spent at a NATCA Contract Tower counts towards NATCA seniority but has no affect on Federal leave entitlements which are based on time spent as a Federal employee either in the military or civil service.
  • NWP Legislative Lead Noel Kingston sends out an update regarding FAA Reauthorization and the Hutchison Bill.  If you have any questions regarding either Bill, please contact Noel (nkingston@natca.net).
  • I would like to end this update by thanking each and every one of you for what you do to keep our skies safe, for doing your job with professionalism and passion, and for always keeping “Safety First”.

May 15, 2008

NWP “Hot Sheet” Week of 5-5-08

NWP Reps/Members,

I would like to dedicate this update to the memory of Trevor Wynn, stepson to FFZ Air Traffic Controller Mike Roundtree and son of Lisa Roundtree his wife.

Trevor Wynn was 21 years old, lived in Flagstaff, Az. where he was self-employed.  The vehicle he was driving on Friday May 9, 2008, for some yet unknown reason left the freeway and rolled over, ejecting him.

The Western Pacific region will be sending flowers to the service for Trevor at the following time and place:

Lozano's Flagstaff Mortuary
May 15, 2008 12-2pm
2545 N. Fourth Street Flagstaff, AZ 86004
Phone: (928)-774-1467   Fax: (928)-779-1196
Email:
info@Lozanos-FlagstaffMortuary.com

FFZ NATCA Facility Rep Jim Carter sent me the following:

“Mike and Lisa ask that I thank everyone on their behalf for the thoughts and prayers they know have been sent their way.  The thought that we are mourning with them comforts them.”

Please love and cherish your family and friends as life can have many surprises in store for us at any given time!

May God bless Mike and Lisa and give them the strength to deal with the loss of a loved one.

Ham
NWP RVP

  • To many of us, this past week was a little disappointing with the political posturing in the United States Senate and FAA Reauthorization.  However, for many of us who are familiar with Washington politics, this wasn’t a surprise at all.
  • The Democrats do not have a real majority in the Senate.  For any legislation to be successful in the Senate there must be sixty (60) votes to invoke cloture and overcome a filibuster.  The current make up of the Senate is 50 Democrats, 1 independent, (Sen Lieberman who is supporting Sen McCain) and 49 Republicans.
  • We will continue to pursue a remedy for our members using any legislative vehicle, AND with every day that passes, the Congress will have an ever increasing difficult time convincing the American public that they have taken appropriate action to address delays, passenger rights, runway and air safety, aircraft inspections, etc.
  • It will become very difficult for the near Thirty Three (33) Senators up for re-election this year to convince the American public that they have done everything in their power to restore accountability, integrity and safety to the Federal Aviation Administration.
  • What the folks over at the FAA need to realize is that the current set back in the Senate will not deter us from our ultimate goal of a ratifiable collective bargaining agreement and that it will only serve to strengthen our resolve.
  • Delay is the number one tool of a Union Buster.  And as such, the FAA believes that by delaying everything and anything that they will wear us down.  Almost two years after they instituted their dictatorial and draconian work rules, NATCA and its members are still standing and still fighting.  As such, we must stay united, we must stay focused, we shall not relent and we will ultimately prevail!
  • Taking a page out of Executive Vice President Paul Rinaldi’s speech regarding Union Busting, we must remember how best to deal with this Union Busting FAA, as our unity and solidarity is their worst nightmare and shall serve to defeat them!
  • As Paul repeatedly states in his speech, just remember these six words:

“Our Collective Spirit Is Their Enemy”.

  • NATCA has produced a new television commercial with the primary intention of reaching a mostly online audience.  The video has made its ‘YouTube’ debut and is in need of WIDESPREAD distribution to all of your contact lists, Hill contacts, etc. The Link is provided below:

http://www.youtube.com/watch?v=W24zo3xRhtM

  • NWP OSHA Lead Garth Koleszar worked with NCT local regarding a physical reaction for some at NCT in response to the installation of new carpeting.  Garth advised Ron McAuley to have the affected members fill out a CA-1 form and get copies of the MSDS sheet (Material Safety Data Sheet which explains the various chemicals in a particular compound) listing all the chemicals associated with the installation of the carpet and its potential hazards.  The MSDS will actually provide the side affects from exposure to the various chemicals in a particular compound.
  • The NTSB Chairman, Mark Rosenker speaks up in a New York Times article about his concerns about a runway collision:

FAA inspections aside, what worries some is a runway collision
BY MATTHEW L. WALD
NEW YORK TIMES NEWS SERVICE

“WASHINGTON — The recent groundings of thousands of flights have raised flags about skipped airplane inspections and botched repairs to wiring.  But what really worries aviation specialists?  Runway collisions.  “Where we are most vulnerable at this moment is on the ground,” the chairman of the National Transportation Safety Board, Mark V. Rosenker, said. “To me, this is the most dangerous aspect of flying.”  For the six-month period that ended March 30, there were 15 serious “runway incursions,” compared with eight in the period a year earlier. Another occurred at the Dallas-Fort Worth International Airport on April 6, one of the closest on record, when a tug operator pulling a Boeing 777 along a taxiway failed to stop at a runway as another plane was landing, missing the tug by about 25 feet.  The last airliner crash in the United States, a regional jet in Lexington, Ky., in August 2006, was a runway incursion because the crew tried to take off on the wrong runway.”

  • I wanted to take this opportunity to remind all NATCA members regarding a NEB policy dealing with repayment of NATCA meeting/training costs if a member accepts a non-bargaining unit position within 12 months of attending NATCA training/meeting/function.  The policy can be found on the National Website under ‘Members Center-NEB policies’:

National Policy on Repayment of NATCA Training/Meeting/Function Costs After Acceptance or Commencement of a Non-Bargaining Unit Position with FAA

The NATCA National Executive Board hereby enacts the following policy, effective as of May 1, 2007:

Any NATCA member who accepts or voluntarily commences a temporary or permanent non-bargaining unit position with the Federal Aviation Administration (i.e., an FAA supervisory or managerial position) within twelve (12) months of attending any NATCA-sponsored national or regional training session, meeting, or other function for which the costs of the member’s attendance were paid and/or reimbursed by NATCA shall repay the full amount, as determined by NATCA, of all travel and other expenditures directly attributable to that member’s attendance at the NATCA-sponsored event.

  • NATCA will be sending legislative activists to Washington, D.C. during the months of May and June to lobby on our behalf.  Next week, SCT Facility Rep Mel Davis and NCT Facility Rep Steve Hefley will be flying to Washington to lobby Congress on your behalf; thank you Mel, Steve, and our regional and national legislative teams.
  • Mike Hull and I worked with P50 Facility Rep Kevin Van Uden regarding an agency proposal to realign the facility.
  • I worked with FAA Headquarters regarding the calculation of the ATOP backpay for a member at ZOA.
  • I talked with RNO Facility Rep Rich Ferris about rumors of prime time leave cancellations, a disciplinary situation, and the cancellation of leave for another member.  I have asked Rich to discuss and attempt to resolve these issues with his ATM before I discuss with Terminal Director Kathryn Vernon.
  • Steve Costa, ZUA Facility Rep gave us an update on some of the issues he’s dealing with in Guam.  Steve and his wife are expecting their first child sometime in late June.
  • Following months of work, NCE RVP Howard Blankenship and I were finally able to move up the release date for a ZKC member who had bid and had been accepted to SCT last year, only to receive a two year release date from ZKC management!!
  • Kevin Sherwood is working on cleaning up one of our old regional computers and shipping to PRC local.  If your local is in need of a computer, please let us know (mickela@natca.net) so that we can be on the look out for any computers that may become available.  Additionally, if any facility has a spare computer that they are no longer using and would like to donate to a local in need, please notify Mickela of that as well so that we can make arrangements to get it to Kevin for refurbishing.
  • I would like everyone to continue to support our efforts to raise funds for the Bob Marks legal defense fund.  So far, through your generous donations, we have been able to transfer $2500 to Bob Marks.  Since then, you have donated about $1850 more to Bob's cause.  We are not quite half-way to supporting Bob in his defense.

Bob has already spent $10,000 to retain his attorney.  I would like to ask that each and every one of you dig deep and find a donation that you can make to Bob and show him that you care about him and his service to NATCA.

Please go to http://kevin.thesherwoods.org and click the "Donate" button beneath "Bob Marks Legal Defense Fund" and send your gift of support to Bob.

You may also send your personal check, as many of you have already done, to:

Bob Marks Legal Defense Fund
c/o Kevin Sherwood
3954 Tuller Ave
Culver City, CA 90230-4612

Please make checks payable to Kevin Sherwood and he will ensure that the funds are transferred into Bob's bank account.

  • Our good friend, Brian Franklin exchanged some emails with Eric Carter and me regarding the Pilot route project that we are working on together.  Meanwhile, back at ZLA, Don Bryden is working on formatting the data from the ACES database so that we can use it in our Pilot route program demo site.  I would like to thank Don and Brian for their efforts in finalizing this very worthwhile project.
  • In order to comply with the provisions of Standing Rules SRF-4 which states, “The financial records of every NATCA Local must be audited at least once every three years to ensure compliance with all Department of Labor, Internal Revenue Service, and NATCA financial provisions”, NATCA will be conducting financial audits of SNA, ONT, POC, and TOA in the coming weeks.  Our good friend Eric Grundmann who is the Southwest region rep on the NATCA Finance Committee will be conducting these audits.
  • Chad Geyer, ZLA Vice President/NWP LR Rep and Mike Hull work with VNY Facility Rep Rich Velasquez on how to use the GATS (Grievance Automated Tracking System) and helped him with a disciplinary case.  There is a user’s guide for the GATS on our regional website, http://nwp.natca.net under the ‘Labor Relations’ tab.  If you have any questions on how to use the GATS, please call your LR Rep or Mickela for assistance.
  • We have uploaded the Times story that Mel Davis and Doug Church did titled, “Air Traffic Controller Sounds Alarm” on our regional website under the ‘Media’ tab.
  • I would like to ask all facilities to set up a program to interact with new developmentals at OKC.  We need to answer their questions and help them prepare for the move from OKC to their assigned duty station.  We need to let our newest members know that we are here to help them every step of the way.  Whether they have a question about lodging, a local gym, work schedules, the Thrift Savings Plan, etc.; we need to be there for them and make their transition as seamless as possible.
  • NATCA has requested arbitration on the mandatory use of the FAA email system.
  • NATCA has filed a national grievance over the implementation of Spacing Over and Above Required (SOAR).
  • I conducted a telcon with Western Terminal Director Kathryn Vernon and we reviewed some of the outstanding items from our previous telcon and resolved some issues.  Here are some of the other issues we discussed:
    • Incentivized bids for SCT and U90,
    • L30 and NCT staffing plans,
    • PHX, HCF advance sick leave for an adoption, etc.
  • I was advised by CNO Facility Rep Mike Flores that CNO had to declare ATC-0 for approximately ten (10) minutes due to sub-standard staffing.
  • I got the following update from our good friends Bob and Valerie Butterworth who are participating in the AFL-CIO “Boots on the Ground” program:

“Brothers,

Training completed, now for the task at hand.  Valerie and I will be responsible for 5 Southeast Pennsylvania Counties which include 200 Labor Union Locals which represent 150,000 members.  YIKES!  We have started to put together a game plan with guidance from the AFL-CIO and plan to ensure personal contact to every member by some Local Representative several times before the election.

We have met with several local leaders, state representatives and members of several Union locals such as, UAW, UFCW, IBEW and various trade Unions, to name a few.  NATCA is not a Union that many of them are familiar with but we will do our best to change that.  I'm thinking I might need to order a few more NATCA shirts since I've worn the ones I have everyday and they might not make it through 6 months!  Mike, I got some nice comments about our LR Team shirt, just thought you might like to hear that.

I have always been aware of the importance of NATCA becoming more associated with the Labor movement but I believe it now more than ever.  What an invaluable source of support these wonderful organizations and their members can be.  I think we need to continue to push more than ever for our Locals to get more involved in the movement outside of NATCA.  The AFL-CIO is just waiting for us to come join the party.  Ham, if Valerie and I can arrange the time I would love to discuss this issue and Boots on the Ground at the upcoming Regional meeting.

So today is day one of putting together a game plan, organizing and updating contact info, setting up computers and finding a coffee shop close by.  There is the agenda for week one!

Take care, we miss California, we miss our NATCA Brothers and Sisters and look forward to talking to you soon.”

  • As a reminder, if you are going to have anyone who is on the Boots on the Ground program (Labor 2008) talk to your members, please make sure that they do this off site and not in a Federal building so as to not violate the Hatch Act.  If you have any questions regarding the program or Hatch Act questions, please contact our NWP Legislative Lead Noel Kingston.
  • As a reminder, we have some great information on the ‘Hatch Act’ on the NWP Website under the ‘Legislative’ tab.
  • I would like thank outgoing EMT Facility Rep Joe Richardson for his years of service to NATCA and welcome the new EMT Local Facility Rep Robert Cherry.
  • I got some currency at ZLA and delegated the official time to Mike Hull.
  • As of Monday May 12, 2008, there are new templates on the GATS regarding the filing of ALL grievances.  Please immediately start using these new templates.  You will see that it contains “disclaimer” language to the 2006 Imposed Conditions of Employment (White Book).  This language has been vetted by our DC attorneys and it has been approved by the NEB.
  • Mike Hull’s very next LR Chronicles will be regarding the “new” process for “expedited” arbitrations and it will contain the “new” language for the employee filed expedited grievance form.
  • In the interim, if there are any questions regarding the new templates and/or the new language, please feel free to contact NWP LR Lead Mike Hull.

May 07, 2008

NWP “Hot Sheet” Week of 4-21-08 & 4-28-08

NWP Reps/Members,

These past few weeks have truly shown the serious flaws within the FAA and the Air Traffic Organization.  A safety oversight organization is caught covering up operational error’s, is too cozy with airlines, etc, etc.

The FAA must get back into the business of safety and leave business decisions for those who know how to handle a business.  This ATO experiment has truly failed. While it’s OK to blend in some sound business decisions with safety, it’s never OK for a safety oversight organization to put business before safety.

Here is a snap shot of the FAA during the past several weeks:

Retaliation, not listening to safety inspectors, not conducting much needed aircraft inspections, not learning from mistakes (2005 Dallas management cover up’s), making the same mistakes in 2008 as they did in 2005 with more management cover up of OE’s.

“..The IG found that management at the Dallas-Fort Worth TRACON investigated operational errors and deviations, but routinely and intentionally misclassified them as pilot errors or non-events.”

“Bloch, who investigates complaints by federal whistleblowers, said at the time that FAA managers reclassified errors to avoid criticism from their bosses and to enhance their chances at receiving monetary performance bonuses, which are based partly on error rates.”

Washington Post Editorial Saturday May 3, 2008:

“WHAT GIVES with the Federal Aviation Administration? A month ago, the flying public learned that aircraft inspectors for the agency were in cahoots with the airlines and letting jets get off the ground without proper equipment checks. Then came a report from the inspector general of the Transportation Department to the Office of Special Counsel that reveals a coverup of errors by air traffic controllers . . .

Now, here's the really scary part: This isn't the first time this has happened at Dallas-Fort Worth. Ms. Whiteman blew the whistle on this crew once before, in 2004. That cover up spanned seven years. Disciplinary actions were taken. Directives were issued. Still, nothing changed. The FAA swears that the Dallas-Fort Worth TRACON cover up-and-do-nothing era is over. The facility manager and the assistant manager were removed. Unannounced audits by the Air Traffic Safety Oversight organization have begun. And implementation of a computer system that automatically catches the errors of controllers has been accelerated. All good moves. But the FAA will understand if the public doesn't trust a word it says.”

By now, any normal business would have completely revised their approach since it’s apparent that their current approach has failed and failed miserably.  By now, a true business would have removed those in charge who were responsible for this failed approach.

Here is what the FAA has done in response to some of these events:

The FAA has reassigned the managers responsible for Safety Inspections in the Southwest region, they have reassigned the manager and the deputy at the Forth Worth Tracon, they will bring in a new VP for safety, they will set up a new layer of bureaucracy for reviewing operational errors/deviations and they will not fire one member of management responsible for these serious mistakes.

Well, this is a perfect example of why the FAA is not a business!

Ham
NWP RVP

  • There was a recent question regarding credit hours and annual leave.  Under the imposed work rules, an employee cannot work credit to cover for an employee to use credit.  In accordance with the FAA interpretation of their Imposed Conditions of Employment (ICE), they will ONLY allow an employee to take annual leave when they have secured someone to work credit hours for them.  The agency does not allow that employee to take any other type of leave such as comp or credit.
  • NATCA filed an Unfair Labor Practice Charge (ULP) against the FAA for their failure to negotiate Advanced Technologies and Oceanic Procedures (ATOP)/Ocean 21.
  • In a show of desperation, the FAA has put out an Article 44 “Temporary Assignment” for controllers from A90 (Boston Consolidated Tracon) and M98 (Minneapolis Tracon) to work at SCT (Southern California Tracon).  The temporary assignment for the busiest Tracon in the country is for six (6) months. Needless to say that by the time someone is certified on a sector that it will be time for them to go back home. This is absolute desperation by the FAA.  To date, I haven’t heard from anyone who has volunteered for this assignment.
  • Elliot Brann, NWP Runway Safety Lead put out an update on runway safety activities in the Western Pacific Region; good job Elliot.  If anyone didn’t get a copy, please email me or Elliot and we’ll send you a copy.
  • There was a recent “Hatch Act” question about whether it’s appropriate to have a political bumper sticker on your private vehicle.  Here is the response from one of the attorney’s at the Office of Special Counsel:

“The Hatch Act does not prohibit a federal employee from placing a partisan political bumper sticker on his or her privately owned vehicle and parking that vehicle in a federal parking lot or garage.  5 C.F.R. § 734.306, Example 7.  However, an employee who uses his or her private vehicle on a recurrent basis for official business must cover the political bumper sticker while the vehicle is being used for official duties.  5 C.F.R. § 734.306, Example 3.  In addition, an employee who uses his or her privately owned vehicle on official business must cover the political bumper sticker while the vehicle is being used for official duties, if the vehicle is clearly identified as being on official business.  5 C.F.R. § 734.306, Example 4.”

  • Scott Sorenson, HCF Facility Rep attended a briefing on the proposed closure of the Traffic Management Unit at HCF.  Scott provided an update of the discussions to our Director of LR, Marc Shapiro, Mike Hull, and me.  Yet another decision is made in the FAA that has nothing to do with safety or efficiency and has everything to do with $$$!!
  • Mike Hull, NWP LR Lead works with Mel Davis, SCT Facility Rep and Ron Geyer, SCT VP regarding a disciplinary case at SCT.
  • There were two cookouts on behalf of the Bob Marks legal defense fund within the past two weeks in Northern California.
    • Retirements from the imposed work rules through March 31, 2008: 1,514
    • FAA projected retirements for this time period: 1,030
    • FAA REBASELINED projected retirements for this time period: 1,143
    • Retirements in current fiscal year (FY08), Oct. 1, 2007 through March 31, 2008: 506
    • FAA projected retirements ALL of FY08: 695
    • FAA REBASELINED projected retirements ALL of FY08: 809
    • Retirements per day average, FY08: 2.77
    • TOTAL ATTRITION THROUGH FIRST SIX MONTHS OF FY08: 960
    • FAA projected total attrition for ALL of FY08: 1,276
    • FAA REBASELINED total attrition for ALL of FY08: 1,621
    • Actually, in FY07, only 19 out of 911 retirements were mandatory age 56.
    • That is approximately 98.5 percent who retired early.
    • So far in FY08, we have recorded more than 500 retirements. Not sure exact total of those were mandatory, but I believe it is less than 20.
    • That equates a total of 5.3 total attritions per day.
  • Credential card- There is no information on the magnetic strip on the back of the cards. It is card stock and is acquired commercially.  All data is printed on the card and/or maintained by the Airmen's Registry in OKC.
  • I would like to welcome the new Facility Rep for the Reno local, Rich Ferris, and the new Facility Rep for GCN local Jeff “Stew” Steward.  Welcome aboard guys and thank you for stepping up to the plate.
  • I worked with Steve McCoy, NWP LR Rep and RNO-NCT consolidation lead on the RNO to NCT Consolidation.  Steve will be working with the affected facilities and our national office to come up with a cohesive plan on how to deal with this co-location/consolidation.
  • I talked to Scott Conde, ZOA Facility Rep/NWP LR Rep regarding a hardship, and a recent training failure removal.
  • It appears that the FAA has allowed the notice that included controllers in the immunity program for the NASA ASRS program to expire on May 15, 2005.  Since we are entitled to this program as per our CBA, we will be asking the agency to fully restore the program.
  • John Paiva, POC Facility Rep/NWP LR rep worked with Mike Hull, and Kevin Sills regarding an adverse action case at ONT.
  • I worked with Rich Velasquez, VNY Facility Rep, Mike Hull and Chad Geyer regarding a proposed disciplinary case out of VNY.
  • Mike Hull and Juan Serna-Spuler, NWP Drug and Alcohol lead worked with one of our Northern California facility reps regarding a probationary employee’s positive drug test.  The probationary employee in question resigned from the FAA prior to receiving his letter of termination.
  • I worked with Gordie Thompson, SBA Facility Rep/NWP LR Rep on some representational problems at SBA along with yet another medical form that seems to compromise an employees right to medical privacy.
  • Mike Hull worked with new RNO Facrep, Rich Ferris regarding the possible cancellation of annual leave due to staffing.  This includes the possible cancellation of Prime Time Annual Leave.
  • There was a recent question on the GI Bill program and whether NATCA would be involved as certifying officials.  The answer is, “NO!  There should be an FAA official who has received the training course and has been certified by the VA. They are the Certifying Official. The training course is available on the FAA Video Archives.
  • Kevin Sherwood, BUR Facility rep/NWP Comm/Technology lead is working to add a section on our regional website dedicated to the GI Bill.  Meanwhile, Kevin has added ‘Convention Subsidy Rules’ under the “Forms Library” tab and added a link to the NATCA 2008 Convention site under the “Links” tab.
  • Recently there was a question regarding CTO cards vs the new credential cards issues by AOV. They are two separate and distinct cards.  There is no requirement for Employees to have a credential document in their possession.  If you lose the credential card, you are not required to replace the actual card.
  • Mike Hull, NWP LR Lead disseminates LR Chronicle #18, “Representing bargaining unit employees in NTSB investigations”, to our various listserves.  All of Mike Hull’s LR Chronicles can be found on our regional website at http://nwp.natca.net under the Labor Relations tab.  I would strongly urge all NATCA representatives, and NATCA activists to read all of the LR chronicles as they will provide a terrific knowledge base on how best to represent our membership.
  • I worked with Mickela and Dave Caldwell to put the finishing touches on the agenda for the NWP Pre-convention meeting in Las Vegas.  If you are interested in attending the Pre-Convention meeting, you can find all of the pertinent information on our website under the “Membership Meeting” tab.  If you have any questions about our upcoming meeting, please contact Mickela (Mickela@natca.net)
  • Doug Church and Mel Davis, SCT Facility rep/NWP Media co-lead, work with Time magazine reporters on an excellent story dealing with the ever decreasing margin of safety on our runways and in the skies above us.  Here is a link to the online story: http://www.time.com/time/nation/article/0,8599,1735387,00.html
  • Mel Davis and I conducted a teleconference with ATO COO Hank Krakowski and Terminal VP Bruce Johnson regarding various issues that are reducing the margin of safety at SCT.  Hank has agreed to come out to SCT and further discuss the issues that we brought to his attention.
  • FAC REPS---If you need a current list of all active members, with member #'s, addresses, etc. in your facility, please e-mail Mickela at Mickela@natca.net, and she will be able to download and send you the information from the new members database.  This is a great way to keep your membership list up to date.
  • I worked with Senator Boxer’s office in preparation for FAA Reauthorization coming to the Senate floor.  Senator Boxer did a fantastic job in a press conference on Wednesday April 30, 2008 with Pat Forrey, Sen Baucus, Sen Lautenberg, and Sen Menendez regarding FAA Reauthorization.  Here are some of the quotes from the news story that ran the following day:

“Our nation’s economic well-being depends on our air-traffic systems being as safe and as efficient as possible, and Democrats are committed to achieving that goal for the thousands of air travelers experiencing flight delays and cancellations every week” - Senator Boxer

“With this bill, we are taking the first step toward modernizing the FAA’s air traffic control system and making the necessary investments in our aging airport infrastructure to ensure that our aviation system is the safest in the world and able to meet the needs of the flying public,” Boxer said.  “We are never going to be able to anticipate every problem, but never again, if the bill becomes law, will airlines be able to hold passengers captive for hours and hours without access to clean water, food and adequate restroom facilities.  Our nation’s economic stability depends on the safety and efficiency of our aviation system—this bill will help move the FAA into the 21st century” - Senator Boxer

“It is clear Congress must act to restore public confidence in our aviation system and do all we can to keep travelers, flight crews and air traffic controllers safe” - Senator Lautenberg

“The FAA isn’t adequately addressing the issues of safety and efficiency in the air traffic system, so we have to make sure they’re addressed in Congress.  In these tough economic times, we must have an air traffic system that flows as safely and efficiently” - Senator Menendez

“America’s skies must be safe for every traveler.  The FAA bill before the Senate will fund the latest in satellite-based air traffic control to keep our country moving safely and efficiently” - Senator Baucus

AND my most favorite quote of the news conference was from Senator Boxer responding to the White House veto threat of FAA Reauthorization:

"If the president wants to go toe-to-toe with us on that, I say fine, let's do it."

  • I had a telcon with Western Terminal Director Kathryn Vernon.  We discussed:
    • a recent management evaluation at BUR Tower,
    • SCT,
    • HCF FMLA issue,
    • staffing needs at Towers in the LA area,
    • CRQ audit and the CRQ ATM discussing her feelings about the Facrep with other bargaining unit employees at CRQ,
    • “Take your child to work day” at LAX tower or more appropriately “You can’t bring your child to work day” at LAX,
    • Six month temporary assignment to SCT (absolute waste of time and resources),
    • no kleenex at ATC facilities as the FAA has determined that they are personal items,
    • unfounded statements by the PSP ATM that PSP BUE’s would be sent to PUB on temporary assignments not to exceed one year (involuntarily and using inverse seniority),
    • RNO Acting ATM and how long he can continue to be acting as the ATM and continue to receive NCT ATC-12 pay,
    • placement of a training failure at PRC, and
    • staffing plans for L30, NCT, and U90.
  • I had a phone conversation with Western Enroute Director Steve Osterdahl.  We discussed:
    • a hardship out of ZOA,
    • alleged new authorized numbers for Enroute centers, and
    • his new assignment to help Enroute VP Rick Day.
  • I worked with Tony Yushinsky to put the finishing touches on the web-based training course beta-test.  Tony is hoping to have the beta-test ready for our volunteers by May 15, 2008.
  • A great friend of mine from ZOA, Steve Fabela sent me this letter to the editor that appeared in the San Diego North County Times.  This paper serves all of North San Diego County.  Steve’s father Sam wrote this letter to the editor.  Never under estimate the role that your friends and families can play in influencing the flying public and Congress on our issues.  Thank you Mr. Sam Fabela, you rock sir!

FAA cozies up to airlines they regulate

“The shame of those recent American Airlines flight cancellations that inconvenienced so many people is that they were totally avoidable, had the Federal Aviation Administration been doing its job instead of being cozy with the airlines it regulates (“American Airlines cancels more flights to finish wiring inspections,” April 9).

Three top FAA executives recently gave testimony before Congress confirming proper oversight of aircraft inspections. This was not the case. ...

This “friendly” arrangement with the airlines was started under FAA administrator Marion Blakey. In November 2007, Ms. Blakey resigned as FAA administrator to take on a position as CEO of Aerospace Industries Association, a firm that represents industries that her former agency was in charge of overseeing and awarding contracts to just months earlier. Her example was Vice President Cheney, who consulted with oil executives in 2001 to establish national energy policy that became law and is in effect today, the policy that is now costing us billions at the gas pumps and raising our food prices.

But then, what should we expect when we vote in two former oil company CEOs as president and vice president of the United States? - Sam Fabela”

  • I got an update from Chuck Vogel, NCT Controller/NWP Regional Legislative team member on his current health condition.  While Chuck is back at work on administrative duties, he advised that there have been some complications with the leave donations he was supposed to receive (several members who were retiring donated leave to him but the DOI wasn’t quick enough to deduct it from their leave balance prior to their effective retirement date) and as such, Chuck really needs our help.   If you can donate any leave to Chuck, please contact Jaime Taylor at NCT- 916-366-4029 with your leave donations.
  • I was advised of yet another resignation from Honolulu Control Facility (HCF).  It almost seems as if resignations are starting to outpace new hiring in the FAA.
  • As staffing continues to suffer at the Las Vegas Tracon and Tower, traffic continues to go up dramatically.  Just as an example, over the weekend of April 25, 2008 alone, Las Vegas hosted a total of forty nine (49) conventions!!
  • I got some currency at ZLA and delegated the official time to Mike Hull, NWP LR lead.
  • In closing, here is yet another resignation from the FAA.  I have shared this letter with Senator Boxer and specifically told her staff that I have NEVER seen as many resignations from the FAA during my over eighteen years of service.  What a true indicator of how badly things are going at the FAA these days.

To: Congresswoman Harman
From: A. Hernandez
Subject: Aviation/Labor
Date: April 30, 2008

Dear Congresswoman Harman,

I am writing to bring to your attention a serious problem within our National Airspace System. I was recently employed by the Federal Aviation Administration as an Air Traffic Controller. Unfortunately, due to the Agencies’ inability to provide expeditious training and steady pay increases, I was forced to resign and return to my previous job with the Transportation Security Administration. Because I was originally hired through a job fair at which the FAA indicated they were going to be hiring thousands of new Controllers to replace their rapidly retiring work force, I assumed they would be offering more competitive pay and efficient training. I instead found inexplicably slow training and lower pay than I was originally expecting.

The primary reason for my resignation is that the FAA lowered Air Traffic Controller salaries about 30% since I first became interested in the job. My next harsh realization was that the FAA’s promised ‘new improved’ training program is very slow, and even in the best case scenario it would take years to catch-up to my pay at TSA. Although I’ve been told by my instructors, that I am an above average candidate, it has taken nearly a year to make it less than one tenth of the way through the program!

Meanwhile I’ve accumulated considerable debt waiting for my pay to catch-up to the standard of living I was at as a TSA employee. I just can’t afford to wait any longer! The other cause for debt was the FAA’s unwillingness to pay per diem during their required training at Oklahoma City, at which time I was paid about $8.65 per hour. I had to charge my rent and other living expenses to credit cards just to get by. Since then the Agency has begun paying new hired Controller Candidates per diem while at Oklahoma City, offering health care and loans to get them by until their pay goes up, but no offer of back pay was made to those of us who went through without per diem. The Agency has touted this as some kind of special perk to entice more people to apply. From everything I’ve heard and know as a government employee, these are compensations and benefits which are standard for all federal employees of all other agencies.

To summarize, I can only say that I am very disappointed and disillusioned with the Federal Aviation Administration, and feel that I was misled from the beginning of my association with them. Los Angeles Air Route Traffic Control Center is the busiest, largest and most complex facility west of the Mississippi River, and the Air Traffic Controllers there are barely holding on. The facility is poorly staffed with no improvement in sight, and management seems to be either unaware or unwilling to get people trained to better the staffing.

My wish is that you look into this situation on the basis of fairness, safety and the health and welfare of the Air Traffic Controllers. There are certainly many more new FAA Air Traffic Control Candidates in my same predicament and I’m sure other air traffic control facilities with the same issues - A. Hernandez.