NATCA

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO

OURTIMEISNOW

2008 ANNUAL REPORT

CONTENTS

NATCA in Washington 2 Communicating for Safety 4 Archie League Medal of Safety Awards 5 NATCA Academy 6 NATCA Biennial Convention 8 Government Affairs 10 Communications 14 Membership 16

Dear Members and Friends,

In 2008, we found our members fighting harder than ever before in their efforts to reverse the tactics of the Bush administration. In doing so, we played a large role in the monumental election of President Barack Obama. Through our “Boots on the Ground” program, Lobby Week, and other activist endeavors, NATCA surpassed the hands of power and acts of oppression and elected a man whose vision includes a commitment to restoring fairness; one that will help us achieve what we have long been awaiting.

The next year will be one of hope, promise and change. We have welcomed Transportation Secre- tary Ray LaHood who will follow the direction of the White House and Congress to address our country’s problems, including NATCA’s contract dispute with the FAA.

This progress report highlights all that our union has accomplished in 2008. From the election of President Obama to NATCA in Washington and Communicating for Safety, NATCA has remained busy paving the way for a successful future. Through an escalating amount of media attention, we are getting closer to our anticipated outcome of recognition and respect among the aviation in- dustry.

We will remain persistent against the FAA as we collectively work towards our common goal. Our members have gotten us where we are today, and without you, the remarkable milestones of the past year would not have been possible.

For that, we thank you.

Patrick Forrey Paul Rinaldi President Executive Vice President N ATCA in Washington

Over 400 NATCAvists converged on Washington D.C. from January 28-30, 2008 for NATCA’s annual legisla- tive conference, NATCA in Washington. Having worked under imposed work rules for nearly a year and a half, NATCA members once again took to Capitol Hill. Their message was loud and clear – the FAA’s imposed work and pay rules are making a bad situation worse and this issue needs to be solved now.

NATCA President Pat Forrey opened the event. He wel- comed the activists and set the tone and theme for the event, telling members that our message to Congress this week was simple: “Aviation safety is in our hands. Its future is in yours.” He reminded the activists that “this is a time for unity” and that “we need to work NATCA President Pat Forrey harder than we ever have in our lives.”

Following Pat’s remarks, Southwest Region NLC mem- ber Dean Hall delivered an ethics briefing and Office of Special Counsel attorney, Erica Hamrick, spoke to the body about the Hatch Act. Keeping the membership safe and legal while they conduct legislative activities is paramount and both briefings were thorough and in- formative.

The morning session included remarks by Transporta- tion Trades Department President Ed Wytkind. He took to the stage and energized the crowd. Wytkind is a tireless advocate for transportation workers in the AFL- CIO. His message and his voice never fail to put a charge into a room and NATCA was honored to have him address the members.

As the Monday morning session was wrapping up, Pat Forrey gave the members a detailed issues briefing, an- Rep. Frank LoBiondo (R-N.J.) swering questions and providing information for their Congressional meetings. The members were given spe- cific instructions on the ‘ask’ for the week and guidance on how to answer questions based on the information presented.

After a rousing luncheon featuring Ed Schultz, host of the nationally-syndicated “Ed Schultz Show,” confer- ence attendees reconvened in the main ballroom for the afternoon session. NATCA Director of Communica- tions Doug Church, Western Pacific Region NLC mem- ber Noel Kingston and LAX Rep Mike Foote gave the members a media briefing. The press can be a powerful ally and these three speakers talked about how to ef- fectively use the press to NATCA’s advantage.

Tomaso DiPaolo and Trish Gilbert 3

Eastern Region NLC member Jimmy Ray Garrett was next up to talk about the upcoming 2008 elections. Garrett spoke about the power of campaign work in building relationships and the importance of getting involved.

The final speaker of the afternoon was NATCA’s Executive Vice President, Paul Rinaldi. Rinaldi’s inspirational video presentations have become his signature and this year’s speech did not disappoint. His message and his video were focused on the stalled Senate FAA Reauthorization bill, S1300. He told the activists to take to the Hill and strongly urge the Sen- ate to move on S1300.

The following day started early for activists attending NATCA in Wash- ington for the first time. Bob McLean of REM Services conducted a “first- timers” session. This popular session instructs new activists on lobbying Ed Schultz 101 and techniques for engaging their elected officials.

While the first timers were listening to Bob McLean, former Transporta- tion Trades Department Secretary-Treasurer Mike Ingrao was conducting a briefing on NATCA’s 2008 election initiative – the “Boots on the Ground” program.

The rest of the morning’s general session was filled with speakers. NATCA was honored to present Chairman Peter DeFazio, D-Ore. and Congressman Frank LoBiondo, R-N.J. with the 2008 Sentinel of Safety award. NATCA activists also heard from Congressman Michael Capuano, D-Mass. and ALPA President Capt. John Prater.

The general session concluded with a rousing speech from NATCA cham- pion, Chairman Jerry Costello, D-Ill. The chairman began his remarks by issuing NATCA members a challenge, “Are you ready to fight!” For the next 15 minutes he repeatedly brought the activists to their feet, urging members not to give in, reminding them to stay united and assuring ac- tivists that he was standing shoulder to shoulder with them in this fight NATCA Executive and he would see it through until the end. The Chairman concluded his Vice President Paul Rinaldi remarks by reminding everyone that “...This fight is not over. We have just begun to fight. We will find a way to fix this problem so that we get a fair agreement for you and your Brothers and Sisters.” He galvanized the activists, sending them to the Hill with the assurance that “...If you stay resolute, we will too. And we’ll get the job done!”

New York area controllers meet with their representatives. Left to right: Mark Abbey (FRG), Bill Ordon (ZNY), Joe Zimmerman (ZNY), Rep. Steve Israel (D-NY), Rep. Tim Bishop (D-NY), Barrett Byrnes (JFK), Meredith Johnson (ZNY) and Jimmy Ray Garrett (N90). Communicating for Safety

In late March, 286 NATCA members gathered in Chicago for the annual Communicating for Safety conference, making it the largest CFS event to date. The conference serves as a way to unite the aviation community and allow attendees to address common challenges within their shared profession. This year was a definite success as NATCA welcomed a variety of aviation experts to share their knowledge on the issues facing the aviation industry.

During the first day, NATCA hit the ground running with a Virtual Jump Seat forum that allowed open, candid conversations between pilots and controllers. The next two days consisted of panel discussions by aviation pro- fessionals that covered a wide range of topics, including runway safety, congestion, flight service stations, ADS-B NextGen, ASAP/ATSAP, phraseology and pilot/controller fatigue. In the midst of it all, CFS proudly hosted the Archie League Medal of Safety Awards for the first time, which proved to be a successful and meaningful addition to the Communi- cating for Safety conference.

The combined efforts of the National Safety Committee and multiple departments from the NATCA National Office resulted in an educational and inspirational conference for all. 5 Archie League Medal of Safety Awards

The 4th annual Archie League Medal of Safety Awards were presented at a formal banquet at Communicating for Safety, honoring those controllers who demonstrated extraordinary capability in critical flight assists in 2007. Below is the complete list of award recipients.

Alaskan Region New England Region John Brown, FAI SteveWalsh, BVT

Central Region Northwest Mountain Region David Brown and Jack Bowers, T75 Lee Wheeler,SLC

Eastern Region Southern Region Christopher Foust, BWI David Rivero, ZMA

Great Lakes Region Southwest Region Patrick Eberhart, D21 Paul Heil, OKC

Great Lakes Region Western Pacific Region James Kmetz, HUF Bill Jacobs and Bruce Snoddy,SCT

Honorable Mention:

Central Region: Tom Tierney (T75), Mark Orr (STL), Chris Thigpen (ZKC) Eastern Region: Randy Trainor & Stephen Barringer (ACY), Timothy Puckett (ROA), Edward Molloy, Don Hunt & Harrie Copeland (ZNY), Jeffrey Douglass (CRW) Great Lakes Region: Gregory Gorlich (ORD), Xavier Gutierrez (ORD), Micah Maziar (TOL), Ted Borchelt (EVV) Northwest Mountain Region: Robert Holt (ZDV)

Southern Region: Todd Hurta (SFB), Tyrone Mercer & Phil White (A80), Shane Ahern (PBI), Pat Gancel & Bill Clark (P31), Cheryl Plumeri (CVG), Lawrence Lee & Thomas Lyens (RDU) Southwest Region: Jeffrey Peace (DFW), Patrick Hable (ZHU), Jeff Beasley (AMA) Western Pacific Region: Ronda Schnoor (FFZ), Jim Bryant (NCT), Thomas Gurule & Jill Hoffman (HCF)

President’s Award winner Patrick Eberhart (D21) and NATCA President Pat Forrey. Left to right: Patrick Eberhart (D21), Dave Rivero (ZMA), John Brown (FAI), Christopher Foust (BWI), NATCA President Pat Forrey, Steve Walsh (BTV), Jack Bowers (T75), Paul Hiel (OKC), Bill Jacobs (SCT), Lee Wheeler (SLC), James Kmetz (HUF), David Brown (T75), NATCA Executive Vice President Paul Rinaldi, Bruce Snoddy (SCT) Throughout 2007, the NATCA Academy had 367 participants. The following is a breakdown of participation in the NATCA Academy: N ATCA Academy

Throughout 2008, the NATCA Academy had 412 participants. The following is a breakdown of participation in the NATCA Academy:

Approximately 60 percent of all those attending REP training attended Local Officer training when held in conjunction with REP training. REPRESENTATIVE AND LOCAL OFFICER TRAINING

February March March April April

May May August October November

BASICARBITRATIONTRAINING

February

March

December

0 10 20 30 40 50 60 70 7

ADVANCEDARBITRATIONTRAINING

May

October

OSHA

October

OWCP

October

DRUGANDALCOHOLTESTING

October

0 10 20 30 40 50 60 70 N ATCA Biennial Convention

NATCA's 12th biennial convention was held in Miami Beach, Fla. in Septem- ber. This was a much anticipated event as South Beach was going to pres- ent a unique combination for business and play alike. The convention committee did not disappoint. Even when the host hotel called, 37 days prior to the convention, to say that it would not be ready for our group, NATCA did not waver. The convention committee got to work and made sure that when the first members arrived, that they would have the best convention experience ever.

Of course, Mother Nature believed that NATCA needed another obstacle to deal with and, for the first time in our history, we faced the real possibility of having to cancel or postpone our national convention due to weather. Hurricane Ike threatened a direct hit on Miami Beach just days prior to members arriving from all over the country and uncer- tainty ruled. A confident convention committee led by Adell Humphreys and Sallie Sullivan, which had remained optimistic through so much up to this point, pressed ahead as if the weather was a mere af- terthought. It turned out that as Ike passed south of Miami Beach it cleared the skies over South Florida for the entire week of the convention. The charity golf tournament was a little windy, but you weren't going to find anyone complaining.

Ann Marie Taggio from CLT sang the national anthem, Jim Marinitti from MIA, representing the con- vention committee, welcomed everyone to Miami Beach and Pat Forrey opened his first convention as NATCA president.

There were several very important speakers who addressed the convention body. Then-Senator and presidential candidate Barack Obama and House Aviation Subcommittee Chairman Jerry Costello both sent taped speeches supporting NATCA and our issues. Congressman Alcee Hastings from South Florida took the convention podium and gave an inspirational speech that had everyone out of their seats and ready to fight the next great battle.

The convention body was also treated to a very special appearance by AFL-CIO President John Sweeney. Cognizant of our long fight for fair collective bargaining rights and angry at the union-bust- ing actions of the FAA, Sweeney was a powerful presence in Miami and inspired hope and solidarity. 9

Also speaking to the convention body was Transportation Trades Department President Ed Wytkind, whose passionate, rousing style and call-to-arms message have made him one of NATCA's most popular guest speakers.

On the business side there were the usual issues that seem to always pop up like seniority, but Miami Beach may well be remembered for the debate on the Carr/Marks lawsuit. Emotions ran high as we went into an executive session to discuss the legalities pertaining to this issue. A BBS policy was adopted and the retired members auxiliary was debated.

The after-hours events will be hard to forget as South Beach offers such provocative entertain- ment. All of the regions stated that they were very happy with their selections for regional dinners and the local party on the beach was the largest ever held by NATCA. The closing banquet was changed a bit. Instead of a formal banquet, the convention committee served up an outstanding celebration outside on the beach with typical South Florida and Caribbean fare. During the clos- ing party there was a ceremony where Southern Region RVP Victor Santore passed the conven- tion torch to Western Pacific RVP Hamid Ghaffari, wishing Honolulu all the best for the 2010 convention.

Following the convention, the National Finance Committee did an audit of the convention com- mittee account and found it to be in excellent shape. All funds from the convention, almost $11,000, were donated to the NATCA Disaster Relief Fund. Many thanks go out to the local con- vention committee: Jim Marinitti, Molly Welsh, Kathy Adcock, Russ Hart and Danny Aguerre-Ben- nett, with assistance from Mike Reyes and Elena Nash. The local folks added a personal touch to our most important gathering and made things much easier on the National Office.

Ultimately, it was the dedication and sacrifice of Adell Humphreys and Sallie Sullivan who made the Miami Beach convention memorable and raised the bar for future events. Their leadership and experience make a convention magic, even when facing what seems like insurmountable odds. G overnment Affairs

In November 2008, the country voted for change. Americans of all stripes decided that they were fed up with the Bush Administration and elected Barack Obama to serve as the 44th President of the United States. NATCA, through the Government Affairs Department, the Na- tional Legislative Committee (NLC) and local activists, played a part in this historic election. NATCA’s efforts in the 2008 election were impor- tant both to the success of the campaign and to the furthering of NATCA’s political and legislative agenda. Other unions have often described NATCA’s political program as “fight- ing above its weight class,” and in 2008 we certainly earned that charac- terization. We set out in the 2008 election season with a strategy to not only help our friends and allies get elected to office, but to improve the visibility and influence of our union in the process. While there were nine Democratic contenders at the outset of the race, we focused on those currently serving in the House and Senate who had been champions of Barack Obama and Pat Forrey our cause: Barack Obama who had authored our legislation and champi- oned our issue in the Senate, Hillary Clinton who had been an ally since her time as first lady, and Joe Biden and Chris Dodd, both of whom had strong records on NATCA and labor issues. From the inception of the race, we reached out to leaders in all campaigns for the Democratic nomination. NATCA was able to benefit from the relationships our GA Staff Director had acquired during years of working on campaigns for the Democratic Party and the Clinton Administra- tion. This history gave us a higher level of access and gave NATCA opportunities for greater visibility and notability.

The political might of our union’s Political Action Committee (PAC) remains as impressive as ever. Forty percent of our members contribute to the PAC each pay period, resulting in a PAC worth $4.3 million per cycle. Due to the foresight of NATCA leadership and the NLC, this number has not di- minished despite high levels of attrition from the NATCA bargaining units over the past two years. NATCA leadership, Government Affairs and the NLC continued the targeted PAC recruitment drive that began last year and recruited 623 new PAC members. In 2008, the PAC supported 331 can- didates who are supporters of NATCA and allies in our legislative battles. The PAC’s presidential cam- paign efforts were strategically focused on places and programs where we could have the most impact, both in terms of securing a win for now President Obama and getting visibility and recogni- tion for the role we play.

Don Chapman (PHL), Paul Rinaldi, Hillary Clinton and Tony Yushinsky (ALB) Rep. Steve Buyer (R-IN), Tom Thompson (ZID) and Anthony Schifano (CLT) 11

During the 2008 election season, NATCA implemented the Boots on the Ground program. This groundbreaking new strategy not only proved effective in helping to elect pro-NATCA candidates, but also gained NATCA national recognition within the broader labor move- ment. Working in conjunction with the AFL-CIO Labor 2008 program, NATCA recruited re- cently retired members to begin working on the Labor 2008 campaign as early as the spring of 2008. These full-time Boots on the Ground NATCAvists were embedded in heav- ily contested swing states such as Ohio, Missouri, Virginia and Pennsylvania, and worked tirelessly ensuring that each and every day NATCA was a visible and formidable presence on the front lines. This presence did not go unnoticed by the labor community. NATCA’s in- tense election efforts were often featured in the AFL-CIO blog and other labor news publi- cations. The Government Affairs Department worked hard to get the word out to our members about who our allies were, not only in the presidential campaign, but in the Senate and Congressional campaigns as well. Our staff put together a comprehensive voter guide for our members. Staff also traveled to targeted areas to meet with local members to provide information and answer any questions individuals might have about local and national elections, including legislative efforts. In the two weeks before the election, Government Affairs staff visited members in six cities as part of our internal get-out-the-vote campaign.

Throughout the campaign and beyond, the Government Affairs Department has striven to foster relationships between our members and their representatives in Congress. It is our firm belief that the efforts of the Government Affairs Department are strengthened and enhanced when elected officials recognize that NATCA’s issues affect constituents in their own districts and are able to make a personal connection. The leadership of the National Legislative Committee has been crucial on this front. By attending events and volunteering on campaigns, NATCA activists have a chance to develop a rapport with representatives and staff, and these relationships proved critical in our legislative efforts.

Additionally, NATCA activists have maintained a near constant presence on Capitol Hill. Whenever Congress was in session, NATCA had members in town lobbying on behalf of the membership. In addition to NATCA in Washington, NATCA members came to Washing- ton to conduct mini-lobby weeks and rolling lobby weeks throughout the year to keep our issues on the front burner of Congress. continued on next page

Steve Weidner (ZMP), Rep. Mark Kirk (R-IL) and Toby Hauck (ZAU) Rep. Rick Larsen (D-WA) and Denise Spencer (ZSE) G overnment Affairs continued

2008 was not only about this historic election, however. The Government Affairs Department also worked with the NLC and NATCA activists on legislative items that affect the lives of NATCA mem- bers. On the topic of realignment, we facilitated the writing of 16 congressional letters signed by 80 different senators and members of Congress in 2008 alone. We believe that this pressure from Con- gress was instrumental in convincing the FAA to postpone the de-combining of Memphis, Miami and Philadelphia Tower/TRACONs. We were also able to prevent the permanent appointment of Bobby Sturgell as FAA Administrator, fought for COLA for federal employees working outside the continen- tal U.S., and, working with the Deputy Counsel, ensured the proposed FERS sick leave bill would not be harmful to NATCA members.

The Government Affairs Department made a tremendous effort to use the legislative process to solve our contract issue and other concerns. Language that would have addressed our issues was included in both the House and Senate versions of the FAA Reauthorization Act (H.R. 2881, and S. 1300). On Sept. 20, 2007, H.R. 2881 passed the full House with a nearly veto-proof majority of 267 to 151, but its Senate companion (S. 1300) failed to receive a floor vote. S.1300 was debated on the Senate floor from April 29 through May 6, but it was sent back to the committees due to regional, jurisdictional and partisan differences, not because of our language in the bill. We will continue to push for the pas- sage of a comprehensive FAA reauthorization bill that addresses our issues in 2009.

The Government Affairs Department succeeded in educating members of Congress about our issues through meetings, grassroots activism, the press and congressional hearings. In 2008 alone, Presi- dent Pat Forrey testified in four congressional hearings on topics ranging from air traffic controller staffing, to aircraft inspections and runway safety. Members of Congress have come to rely on NATCA as a source of dependable, accurate information about air traffic control, as well as the NAS. We have again been able to elevate NATCA to the status of subject matter experts in the eyes of Congress and will continue to do so throughout 2009.

President Barack Obama

Paul Rinaldi, Jerry Costello (D-IL) and Pat Forrey 13

NATCAvists in action, 2008 Communications

The year 2008 was a new chapter for NATCA’s Communications team. The National Office staff was strengthened with the addition of two new employees and it also took on new facets of media rela- tions, public affairs and social media. New doors were opened – expanding the department’s commu- nications methods to both the membership and the next generation of air traffic controllers through various traditional and social media vehicles, not to mention the very successful and widely-read in- formation sources ATC Push on the NATCA Web site and the e-newsletter, the NATCA Insider, which went from a twice-monthly publication to weekly.

On the media front, we helped to strengthen the union’s reputation as a subject matter expert in the eyes of the public and media. That began with a very successful public safety media and public awareness campaign, declaring staffing emergencies in Atlanta, Chicago, Dallas, New York, Northern California, Seattle and Southern California. With an exclusive story placed with the Associated Press, a wave of media coverage rippled across the world, with coverage ranging from CNN’s American Morning and ABC World News Tonight with Charles Gibson to the International Herald Tribune.

The press conferences in these select cities and the ensuing national and international coverage led reporters in other areas to contact local NATCA facilities regarding staffing – resulting in even more national and local coverage on the high attrition rate including stories in The Wall Street Journal, the NBC Today Show, CNN’s Situation Room with Wolf Blitzer, National Public Radio and Fox News’ Your World with Neil Cavuto.

NATCA also informed the public about the FAA’s rushed and faulty training program – focusing on Miami Center – and landed a great piece on the front page of the Miami Herald Business section with the bold headline, “OUT OF CONTROL: Air Traffic Center Nearing Critical Mass.”

In the spring, a near mid-air collision at 35,000 feet above an area east of Pittsburgh, followed by a very successful press conference held in Orlando to inform the media about the critical staffing situa- tion there further established the union as a credible source on issues of aviation safety. Most as- suredly, the FAA was not going to reveal these safety problems to the country, hiding the true loss of the margin of safety that its self-inflicted staffing wound caused.

The media’s accurately negative portrayal of the agency lasted throughout the summer, including a runway safety story in The New York Times that coincided with a new round of attrition data that chalked the total controller retirements from the date of FAA imposed work and pay rules up to 1,514.

After President Patrick Forrey appeared on C-SPAN’s morning show, “Wash- ington Journal,” the next day NATCA was invited by Senate Majority Leader Reid and Senators Boxer, Lautenberg and Menendez to conduct a very well- attended press conference on Capitol Hill on the FAA bill.

The event peaked the interest of NBC’s travel reporter, Peter Greenberg, who did an outstanding two-part series on aviation safety featuring an interview with Pat. This interview not only included NATCA’s most recent attrition numbers but also allowed Pat to convey most of NATCA’s top safety con- cerns to a national audience.

The summer also brought three Congressional hearings, covering runway safety, controller staffing and the rushed certification of Eclipse, getting NATCA in the media spotlight again. Ironically, shortly after the runway safety hearing, there were two near-miss incidents at JFK which forced the agency to change unsafe procedures that controllers had identified for many years. 15

As the inexperience of the workforce increased as the FAA’s imposed work rules forced out vet- eran controllers, the media took notice. ABCNews.com ran a great piece regarding the FAA’s des- perate relocation bonuses titled, “Air Traffic Control System on the Verge of Collapse?” The New York Post chimed in with this headline, “AIR PANIC; FAA woos teen controllers as mid-air crashes loom.” Even Jay Leno and Fox News’ Bill O’Reilly put forth a joke and a critique, respectively, about the issue.

At the 2008 Democratic National Convention NATCA’s Communications Department got a rare opportunity to hold a press event for bloggers from the press tent. Organizing our efforts was Communications and Public Affairs Specialist Alex Caldwell – who also moderated the panel on safety of the National Airspace System, with NATCA President Patrick Forrey, Executive Vice President Paul Rinaldi, Safety Committee Chair Steve Hansen and ZDV Facility Representative Lyle Burrington speaking on behalf of NATCA. This high-profile event not only exposed the Union’s contract issues to a new group of journalists but helped us to develop an important friendship with the influential political blog, The Daily Kos (www.dailykos.com).

In the fall, a near-miss at Allentown, in which the tower was staffed by two trainees, proved once again how dangerous the FAA’s poor management of the staffing crisis really was. That incident, along with the hearing on runway safety, led to countless articles on the incident and the staffing crisis.

NATCA also exposed the FAA’s fix-on-fail approach to maintenance with outages at SCT, Cleve- land Tower, Memphis Center and an epic NADIN failure. By speaking out against the FAA’s engi- neer consolidation plan and publicizing the real story on the new runways opening at IAD, SEA and ORD, NATCA kept the FAA from obscuring the truth with its propaganda.

Rounding out the year, major press work was done in Orlando to inform the public about the FAA’s ill-con- ceived plan to deconsolidate the facility, efforts bol- stered by a bipartisan Congressional coalition coming out against the plan. M embership

2008 NATCA Membership Statistics

FAA Controllers ...... 13,042

FAA Engineers & Architects ...... 521

FAA Traffic Management Coordinators ...... 410

FAA Support Specialists ...... 273

FAA Automation Support ...... 28

FAA Airports ...... 46

FAA Budget & Financial Analysis ...... 7

FAA Regional Counsel’s Office ...... 9

FAA NOTAM Office ...... 3

FAA Regional Logistics, Finance, Accounting, Information Services ...... 61

FAA Aerospace Medicine ...... 6

FAA Aircraft Certification ...... 109

DOD Controllers ...... 27

FAA Drug Abatement Office ...... 23

AFSS...... 100

Privately Contracted Controllers ...... 146

Corporate ...... 23

Retired ...... 361

Associate ...... 177 17

Labor Relations

In 2008, NATCA continued its fight in response to the Agency’s continued attack on the Air Traf- fic Controllers, Traffic Management and NOTAM bargaining units. Arbitrations and unfair labor practice (ULP) charges with the Federal Labor Relations Authority were filed over the FAA’s fail- ure to notify and bargain with NATCA over many facets of the imposed work rules for those units. In addition arbitrations and unfair labor practice charges were filed in the other NATCA repre- sented bargaining units over similar illegal actions taken by the FAA. Moreover, the fight contin- ued for fairness and equity in the contract tower units. Finally, NATCA became the exclusive bargaining representative for Flight Service Employees located in Alaska.

Arbitrations

During the year the Agency attempted to stifle the grievance process by engaging in nefarious conduct such as refusing to hold grievance meetings and attempting to make NATCA recognize the imposed work rules as the only valid collective bargaining agreement. In several cases the FAA was found to have violated the contract and statute by refusing to hold grievance meetings. In instances where the Agency attempted to get a finding that the imposed work rules were the only valid contract, Arbitrators universally rejected those efforts. In many instances arbitrations resulted in discipline being either eliminated or significantly reduced. Several of these situations involved the FAA claiming but unable to prove that a controller had failed to follow instructions or direct orders where the result was that a 10-day suspension was reduced to a letter of reprimand, a ten day suspension was reduced to five days and a 14-day suspension was reduced to one day. Efforts by the Agency to discipline controllers for errors or deviations met a similar fate in that they were either substantially reduced or turned into a reprimand. In another instance, the error was ordered removed by the Arbitrator when it was determined that the policy that the Agency relied upon was effective after the matter arose. NATCA also succeeded in showing that the FAA engaged in underhanded conduct when it manipulated the schedule to try to give someone an additional day of leave.

Precedents were set in 2008 in several cases. The Agency tried to argue that official time could not be used for contract orientation training in the multi-units. That claim was given short shrift by the Arbitrator. In the Aircraft Certification unit, the FAA tried to claim that an employee was not entitled to hazardous duty pay. At the arbitration, the Agency’s main witnesses had no basis, let alone first-hand knowledge of the specific hazards that warranted the premium pay. As such, the FAA was order to provide the hazardous duty pay. In addition to stopping the Agency in many of these misguided actions, NATCA was able to get attorney fees. In one instance NATCA received over $24,000. Several other requests for fees are still pending.

ULPs/FLRA

Despite there being no General Counsel and there being less than a full complement of members of the Federal Labor Relations Authority for much of the year, NATCA was still able to get some important decisions. The General Counsel issued complaint and the FLRA found that the Agency had failed to bargain over the placement of technology at TPA. As a result the FAA was order to bargain. In another case, the General Counsel found that the Agency improperly issued a Letter of Reprimand to a Facility Representative by seeing that the reprimand was issued because the Fa- cility Representative had engaged in union activity. The Agency tried to argue that the issue was moot because they pulled it. The General Counsel agreed with NATCA and saw that the issuance was violative and needed remedying. In this same case, summary judgement was ordered by the Authority when the FAA failed to answer the complaint. The Agency argued that they should be excused for not answering because the complaint was misplaced. That lame excuse was emphati- cally rejected and the Agency was ordered to post a Notice to Employees wherein they admitted their illegal conduct and agreed not to repeat it. The Agency’s efforts to block an arbitration award were also rejected by the Authority. The result was the payment of over $100,000 plus interest to four employees. In other instances the General Counsel determined that the FAA failed to provide information to NATCA about mold testing and other safety matters. Office of Special Counsel

NATCA filed a formal complaint with the Office of Special Counsel over the Agency’s Organiza- tional Success Increase (OSI) and Superior Contribution Increase (SCI) payments that were made in January 2008. The complaint contends that payments were made for arbitrary and capricious reasons, violated the principal of equal pay for equal work and ran counter to the FAA’s own stated procedures. Data was gathered and presented to the Office of Special Counsel in support of NATCA’s complaint. At the time of this writing the Union awaits word from the Office of Special Counsel as to the status of its complaint. NATCA Engineers and Architects (E&A)

The NATCA Engineers and Architects (E&A) bargaining unit has been in a full court press to stop or slow down the Engineering Services Efficiency Plan (ESEP). The ESEP, as originally conceived, planned on forcibly relocating a substantial number of engineers from the legacy regions to the new Service Centers (SC) in Atlanta, Ft. Worth, and Seattle. This plan would move all design-engi- neering functions to the SC and leave only a skeleton crew of Resident Engineers (RE) and Con- tracting Officers Technical Representatives (COTR) in the legacy regions. The agency concocted this plan on its own with no stakeholder input, e.g. no air traffic, airport sponsors or the unions. This consolidation is not only bad for our members; it is bad policy for the stakeholders.

Members of Congress have also chimed in on the ESEP. There have been multiple letters written on NATCA’s behalf by our representatives and recently a joint letter was sent from 62 members of Congress to Secretary LaHood asking that the FAA reconsider the ESEP until such time that proper review could take place. NATCA is optimistic that the agency will reconsider the forced re- location of the majority of Engineering Services (ES) engineers. That will be a good first step, how- ever; NATCA still opposes the wholesale relocation of engineers from the legacy regions regardless of whether the reassignments are directed, voluntary or through attrition. There is an absolute role for all types of engineers in the legacy regions. How many and what they look like can be dis- cussed but the agency must first engage NATCA fully and collaboratively so that the needs of all stakeholders are met.

The E&A bargaining unit has been fortunate to have a ratified contract in place since mid-2007. As a result of this agreement, the parties have been able to work through a significant number of is- sues. For 2008, the E&A unit moved 13 hearings forward for arbitration. Of that number, 11 were settled and two still need to be scheduled. NATCA Aircraft Certification (AIR)

During 2008 the Aircraft Certification unit engaged in a number of significant activities on behalf of the bargaining unit, NATCA and the flying public. In September 2008, NATCA’s Aircraft Certifi- cation (AIR) National Representative, Tomaso DiPaolo, testified before Congress’s T&I Committee concerning FAA management’s rush to improperly certify the Eclipse Aircraft and the grievance filed by NATCA to protect its certification engineers. Since the hearing, we have been involved in discussions on how legislation may be drafted to protect our certification engineers and their engi- neering work to keep the flying public safe and to focus on the flying public as our only customer. 19

Quarterly meetings have been held between NATCA’s AIR Representatives and the FAA’s AIR-1 representatives to review and possibly settle grievances and arbitration cases. The meetings have been going well to discuss the merits of cases and a couple of settlements have been developed while some cases have been withdrawn. The quarterly meetings will continue in the coming year as well as our continued review of backlogged cases since the FAA’s unilaterally imposed work and pay rules in July of 2005.

About a half dozen arbitration cases were scheduled for 2008 and the cases were either settled or won in arbitration on behalf of our bargaining unit employees in Aircraft Certification. One NATCA AIR specific arbitration advocate has begun leading arbitration cases with two more in development.

Through the strength of our membership and our core of NATCA AIR Representatives, we have been able to navigate troubled waters with management. The use of Article Eight meetings has resulted in the resolution of several misunderstandings and disputes with FAA management. As necessary, we have pushed forward and filed grievances. Also, our Local Representatives who have filed numerous ULPs, specifically in the Rotorcraft Directorate where a half dozen have been filed when management has either tried to harm a Union Representative or they have failed to fol- low labor law.

AIR bargaining unit members continue to be vocal advocates for the safety of the flying public. They have continued to work with the media in regards to several safety articles, most notably about the Eclipse aircraft certification process. Our members have also engaged in education and outreach to the flying public through speaking at EAA AirVenture in Oshkosh, Wisc. and present- ing safety seminars through the sponsorship of an Aviation Career Day in November 2008 at Du- Page Airport. The career day was attended by local high school students pursuing careers in aviation. The speakers were fellow NATCA air traffic controllers, NATCA aircraft certification engi- neers, NTSB investigators, airline pilots, and a GAMA aviation representative who also provided rides in a Cirrus SR22.

NATCA AIR members continue to constantly work to ensure corners are not cut and the flying public’s safety remains a priority. ARC/ABA

In 2008 the ARC/ABA unit spent significant amounts of time representing and defending its members. Notable among those efforts was the representation of over one dozen employees in an Inspector General investigation that involved claims that a contract was improperly awarded. Those represented included the main focus of the investigation along with a large number of third-party witnesses. NATCA was able to work out a solution for the employee who was the pri- mary focus of the investigation. NATCA is working with the FAA on the rollout of the wellness center program that allows employees three 59-minute workout sessions per week.

In regard to changes in working conditions, ARC/ABA is pressing forward in its efforts to get the FAA to provide a briefing on web schedules and wireless routers. We were successful in getting a briefing on real estate competencies. A new grievance process was agreed to in the IT area due to management’s reorganization of that function. Flight Service

In 2008, the union members of the Federal Flight Service Stations in Alaska became part of NATCA. They were formerly part of NAATS and now come under the Alaskan Regional Vice Presi- dent. Four locals were developed and local constitutions were chartered. Local officers were elected as well as two national officers. The internal structure is complete and we can now begin working toward the future. Their contract is up for renegotiation and the negotiating team has been picked and held initial meetings.

Flight Service has had a very troubled past including an A76 process that resulted in outsourcing 2,300 of our lower 48 brothers and sisters to Lockheed Martin, many of whom have since lost their jobs. The degradation of services in the lower 48 has resulted in more calls to Alaska from all over the country in hopes of finding any relief. The 14 Alaska Flight Service Stations and three Au- tomated Flight service stations are all that remain after the outsourcing. Our only consolation has been that Lockheed Martin has so badly managed the program in the lower 48 that there are doubts that they will renew the contract. We would like to see all FSS returned to the federal sec- tor and given the full support they require to once again function as part of the NAS.

Linked to NextGen for terminal and center we too have a new system in the works called FSM (Flight Service Modernization.) This will be the new system that will take Flight Service through the year 2020. The bid and statement of work was developed entirely by management with no input from the bargaining unit, however, we need a system that works and not just another excuse to pour money into Lockheed so we continue working hard to ensure we have some say in the final system scheduled for delivery in 2010.

Arbitration has been requested on issues involving the implementation of performance metrics without notice or bargaining with the union. In addition, arbitration has been requested on the revocation of previously guaranteed TDY assignments. Finally, a unit-wide grievance was filed over the implementation of mandatory testing without proper notice and bargaining with the union. Flight Service is glad to be a part of NATCA. ATB

In 2008, ATB, the Operational Support at both terminal and centers, continues to work under an imposed contract. The hope is that once the air traffic controllers’ contract is resolved this con- tract will be resolved in a fair manner. ARP

The year 2008 was one of accomplishment for our union in the Airports Line of Business (LOB). Our communication with management has improved over previous years. Additionally, communi- cation with legislative officials promoted our union‘s visibility in Congress.

In the legislative arena, ARP representatives have worked on reauthorization and changes to the way contract disputes are resolved. The current contract expires later in 2009 and efforts have begun to look at issues; particularly pay. In addition, ARP has worked to cultivate alliances with Airport Organizations such as the American Association of Airport Executives and Airports Coun- cil International in order to ally ourselves on common issues and to build support with them on NATCA’s issues. Negotiations were completed over the realignment of the SFO Airport District Office.

During 2008, ARP was able to successfully resolve the OSI pay raise issue for some Bargaining Unit Employees (BUEs) who were subject to disciplinary action in the Airport LOB. Resolution of issues concerning developmental promotions was also achieved. Grievances have been filed over the improper filling of vacanices. A grievance involving a termination was settled to the satisfac- tion of the grievant. Management is being pressed to deal with inequitable workloads, compensa- tory time, telecommuting, equipment needs and workspace safety. Management incorporated our 21

input on Safety Management System, Testing Designating Positions and Airport Certification and Safety Inspectors. Contract Towers

During 2008, NATCA organized eight contract towers. In addition to handling day-to-day calls and inquiries, NATCA succeeded in getting a terminated employee returned to work. Grievances were filed and resolved over Sunday pay at RVA. At Midwest, employees were granted an addi- tonal personal day through NATCA’s efforts. Traffic Management

In 2008, NATCA continued to fight the agency over the imposed work rules. In addition NATCA continues to fight the FAA over its failure to properly notify and bargain over changes unilaterally made. NATCA dealt with currency requirements and was able to get the FAA to confirm that cur- rency was not required of employees in this unit, but would still be under a waiver as it relates to retirement. Grievances were filed and are still pending over the FAA’s failure to brief and bargain over issues including En Route Departure Capability, Departure Flow Management Installation, Traffic Flow Management System, East Coast Migration-Passback Restriction and FEA Sharing. NATCA continues to fight the Agency over the staffing at the Command Center. General Counsel (AGC)

Through 2008, NATCA represented an employee who had a seven-day suspension and a subse- quent termination. NOTAM

This bargaining unit continues to operate under the imposed pay and work rules. NATCA is con- tinuing to talk with the FAA over changes to job functions. Staff Specialist

In 2008 the Agency finally agreed to come back to the bargaining table in order to come up with an initial agreement. At the time of this writing, the parties have met six times.

A grievance is currently being pursued over the FAA’s failure to properly compensate Staff Spe- cialists who hold currency. Drug Abatement

The employees in the Drug Abatement bargaining unit continue to fight the Agency’s desire that employees be on the road for two consecutive weeks. The FAA continues to balk at granting leave requests. With negotiations looming for a successor agreement, it is the hope that these is- sues will finally be resolved. 2008 Arbitration Schedule

(ARP) – 5-day Suspension 1/16/08 Denied Decertification 1/22/08 Settled 3-day Suspension 1/23/08 Won -Submitting Fee Petition 06-HQ-44/12138 & 06-HQ-43 TMU SWU & Dissolution ofTMU SevereWeather Unit 6/08 Case Heard NC-AEA-06-7113-IAD-3 (NATCA # 6-IAD-3) Arbitration 2/22/08, 4/08 PartialWin 2-day Suspension 2/29/08 Settled Proposed Removal, 14-day Suspension 3/3/08 Settled, 5-day Suspension 2-day Suspension 3/12-13/08 Won 10-day Suspension 3/26-27/08 Lost 05-EGL-1 COLA Case 4/02/08 Cancelled Training Failure 4/04/08 Settled 2Wk Inspection – Art 7 – Drug Abatement 4/10/08 Settled 07-DEN-79 Exp Arb 4/15/08 Settled 7-day Suspension 4/16-17/08 Settled RDU Denial of Leave Opportunities 4/17/08 In Abeyance 5-day Suspension 4/25/08 Settled 07-ZKC-825 Grievance 4/30/08 Abeyance IWR Issue Haz Duty Pay - AIR 4/20/08 Won 30-day Suspension 4/30/08-5/01/08 Settled Hardship 5/07/08 In Abeyance 2-day Suspension, Letter of Reprimand 5/13/08 Settled 07-HQ-10- Gets 59458 CoreComp Percentage Increases 5/14/08 Lost Delegation of OfficialTime at MCI 5/14/08 Settled 06-286-ANE OfficialTime 5/15/08 Sustained LR-06-0028-NAT (06-HQ-14) SCI for Region X (excluding engineers) 5/15/08 Denied 4-day Suspension 5/21/08 Settled Denials 5/21-22/08 Settled NC-NE-07-1141-PWM-AT Hearing – No timely Response & Oral Presentation 5/23/08 Won Termination 6/04/08 Lost 3-day Suspension 6/05/08 Settled Training Failure 6/09/08 Withdrawn PCT 6/18/08 Settled AIR – One Day Suspension 6/18/08 Settled Return Rights 6/18-19/08 Settled

LR-2003-0022/03-HQ-9 & LR-05-79/05-HQ-2 Unilateral Change in Sick Leave AWOL 4/23/08 Withdrawn

07-HQ-58 66641 Consolidation of CIC Positions atTower/TRACON Operational Areas 6/23/08 Scheduled 5-day Suspension 6/24/08 Won 71467 Denial of OfficialTime (AIR) 6/24/08 Sustained 59890 (07-HQ-13) Failure to Comply w/Negotiated Grievance Procedure 6/30/08 PartialWin, Appealed 07-724-K90 Staff Specialist OfficialTime 7/07/08 Denied NC-NE-PWM-1141 Failure to Allow Oral Representations and ProvideTimely Responses 7/08/08 Won Suspension 7/10/08 Settled 5-day Suspension 7/9-10/08 Settled 5-day Suspension 7/14/08 Hearing Held – Awaiting Decision 23

57065 (07-HQ-3) Web Schedules 7/16/08 Withdrawn Web Scheduling 7/16/08 Withdrawn 1 Day Suspension 7/17/08 Settled, Reduced to Ltr of Reprimand

07-EGL-36 OfficialTime 7/18/08 Settled

Wellness Center 7/18/08 Settled

1 Day Suspension 7/29/08 Settled

06-HQ-57, 06-HQ-55, 03-HQ-4/03-1 Capstone (ADS-B & Anchorage) 8/13/08 Held in Abeyance, Pending (14456)

62059 OfficialTime – OSHATraining Class 7/17/08 Settled 07-ESW-2/4 Suspension 8/19/08 Settled 06-HQ-13 (12059) HazWeather/Geo Conditions/MOU 8/20/08 Pending

Training Failure 8/20-22/08 Pending 07-HQ-101 GovTrip Password Self-Resetting 8/26/08 Withdrawn 10-day Suspension 8/26/08 Favorable Award Received Jacksonville OT Case 8/29/08 Lost 07-DEN-78 Suspension 9/09/08 Won 70452 FAA Order 3120.4;TechnicalTrainingWaivers 9/09/08 Lost 3-day/Removal 12/22/08 Settled

AIR – 7-day 9/25/08 Settled 5-day Suspension 9/25/08 Settled Inappropriate behavior suspension 9/26/08 Lost 07-HQ-77 BUEs to Complete DOL Forms for FMLA Leave 9/30/08 Scheduled 06-HQ-25 ( & 05-HQ-36) Unilateral Change in Procedures Related to CompTime 10/02/08 Pending Termination 10/17/08 PartialWin, Severance Pay 07-342-ZBW Training Failure 10/21/08 Settled 07-HQ-15 (55764) Unilat Impl. OfTMCs –Changes to duties, currency requirements and standards 10/22/08 Settled Removal 10/22/08 Won LR-06-0022-NAT Failure to ComplyWith SCI Program MOU 10/28/08 Scheduled 06-HQ-09 (7090) Suspension 11/10/08 Scheduling Medical – 3rd Class 11/13/08 Settled LR-06-0059-NAT Excused Absences Policy 11/19/08 Scheduled 06-HQ-12 (8368) Suspension 11/19/08 Postponed

3-day Suspension 11/26/08 Settled

3-day Suspension 12/04/08 Settled

5-day and 1-day Suspension 12/09/08 Settled

07-HQ-4 52886 Recording OfficialTime & Impact on Pay Calculations 12/16/08 Scheduled

52886 07-HQ-4 Recording official time for CRU-X and Castle 12/16/08 Scheduled

NC-0061-08-71862 Medical DQ Case-FacRep at MCI DisqualifiedWithout Med Evaluation 10/07/08 Scheduled

3ay Suspension for Inattention to Duty as Related to O.E 11/20-21/08 Scheduled

CE-Flu Cases – Reimbursement leave Scheduling NATCA Members Only Benefits and Services

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